Texas Transportation Code § 545.421 – Fleeing a Police Officer
Table of Contents
Statutory Text:
§ 545.421(a):
A person commits an offense if they willfully fail or refuse to bring their vehicle to a stop or flee from a pursuing police vehicle, after being directed to stop by a clearly marked law enforcement vehicle using:
Visual signals (lights), or
Audible signals (sirens)
§ 545.421(b):
The offense is a Class B misdemeanor, or a Class A misdemeanor if:
The driver recklessly engages in conduct that places others in danger
The driver has prior offenses
What Is Considered Eluding or Fleeing?
Under § 545.421, it’s illegal to:
Ignore an officer’s signal to stop
Speed up or turn off to evade a marked patrol car
Lead officers on a low- or high-speed chase
The law applies whether or not a collision or injury occurs. Intent matters.
Classifications of the Offense
Class B misdemeanor: Default level for refusal to stop
Class A misdemeanor: If there’s reckless driving, or if the act endangers others
If the attempt to flee rises to Evading Arrest with a Vehicle, the offense may escalate to a felony under Penal Code § 38.04.
Example Scenario
A driver veers out of their lane on the highway and sideswipes another vehicle.
Police cite the driver for failure to maintain a single lane under § 545.060.
In a personal injury claim, this citation can support negligence per se.
Civil Consequences of Fleeing
Used to establish negligence per se in injury claims
Can increase the chance of exemplary (punitive) damages
May lead to insurance coverage denial in serious cases
Related Statutes
§ 545.401 – Reckless Driving
Penal Code § 38.04 – Evading Arrest or Detention
§ 550.021 – Hit and Run / Duty to Stop
Texas Case Law Interpreting § 545.421
The court found that visual signals must be clearly activated and reasonably observable for the offense to apply.
Held that intent to flee can be inferred from actions such as speeding up, evasive maneuvers, or failure to yield.
Frequently Asked Questions About § 545.421
Houston Personal Injury Lawyer - Joel A. Gordon
Not under § 545.421 alone, it’s a Class B or A misdemeanor. However, if the driver evades arrest, it may become a felony under Penal Code § 38.04.
The statute requires that the officer’s signals be clearly visible and/or audible. If they were not, that may be a defense.
Yes. Even without a crash, fleeing can support gross negligence or reckless conduct claims in civil court.
Yes, if they are open to the public, such as mall lots or private streets with public access.