Transportation Code § 552.010 – Blind Pedestrians (White Cane Law)

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 552.010 Summary
• Purpose of Transportation Code § 552.010
• Real-World Example of Transportation Code § 552.010
• Related Statutes
• Case Law Interpreting Transportation Code § 552.010
• Why Transportation Code § 552.010 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS

Exact Statute Text

Click to view the complete statute text

BLIND PEDESTRIANS. (a) No person may carry a white cane on a public street or highway unless the person is totally or partially blind.

(b) The driver of a vehicle approaching an intersection or crosswalk where a pedestrian guided by an assistance animal or carrying a white cane is crossing or attempting to cross shall take necessary precautions to avoid injuring or endangering the pedestrian. The driver shall bring the vehicle to a full stop if injury or danger can be avoided only by that action.

(c) If it is shown on the trial of an offense under this section that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a blind person, the offense is a misdemeanor punishable by:

(1) a fine of not more than $500; and

(2) 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.

(c-1) A portion of the community service required under Subsection (c)(2) shall include sensitivity training.

(d) For the purposes of this section:

(1) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.

(2) “White cane” has the meaning assigned by Section 121.002, Human Resources Code.

(e) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.

Transportation Code § 552.010 Summary

This section of the Texas Transportation Code, often referred to as the “White Cane Law,” establishes specific protections and duties regarding blind or visually impaired pedestrians. Subsection (a) restricts the use of a white cane on public streets or highways to only those individuals who are totally or partially blind. This designation helps alert others to a pedestrian’s visual impairment.

The core of the statute is in Subsection (b), which places a significant responsibility on vehicle drivers. It mandates that drivers approaching an intersection or crosswalk where a pedestrian with an assistance animal or a white cane is crossing or attempting to cross must take all necessary precautions to prevent injury or endangerment. Crucially, if avoiding harm requires it, the driver must bring their vehicle to a complete stop.

Subsections (c) and (c-1) outline enhanced penalties for drivers who violate this law, especially if their actions lead to a collision causing serious bodily injury or death to a blind person. Such an offense is a misdemeanor, carrying a fine of up to $500 and 30 hours of community service, which must include sensitivity training, to be completed within a specific timeframe for organizations serving visually impaired or disabled persons.

Subsection (d) clarifies the definitions of “assistance animal” and “white cane” by referencing Section 121.002 of the Human Resources Code. Finally, Subsection (e) states that if a driver’s actions violate this section as well as other laws (either within the Transportation Code or the Penal Code), they may face prosecution under any or all applicable statutes.

Purpose of Transportation Code § 552.010

The legislative intent behind Texas Transportation Code § 552.010 is to safeguard the well-being and autonomy of blind and visually impaired pedestrians navigating public thoroughfares. This law aims to prevent accidents and promote safety for these vulnerable individuals by creating a clear, legally mandated duty of care for vehicle drivers. By reserving the use of a white cane for persons who are blind or partially blind, the statute establishes a universally recognizable signal for visual impairment, alerting drivers to exercise extreme caution.

This “White Cane Law” addresses the inherent danger posed by vehicle traffic to pedestrians who cannot see their surroundings fully. It recognizes that blind pedestrians rely on other senses and assistance tools, like a white cane or service animal, to move safely. The statute’s purpose is to minimize the risk of collisions, ensuring that drivers are legally obligated to prioritize the safety of these pedestrians, even to the point of stopping completely if necessary. The enhanced penalties for causing injury or death further underscore the state’s commitment to protecting the blind community and deterring negligent driving behavior. This helps ensure that public spaces are accessible and safe for everyone, promoting independence for visually impaired Texans.

Real-World Example of Transportation Code § 552.010

Imagine Sarah, who is partially blind, is walking with her white cane, attempting to cross a busy intersection in Austin, Texas. She uses the audible signal at the crosswalk and steps into the street. Mr. Johnson, driving his car, is approaching the same intersection, distracted by his phone. Although he sees a pedestrian with a white cane entering the crosswalk, he initially assumes he can speed up and pass before she reaches his lane. He fails to slow down sufficiently and doesn’t consider the specific precautions required by law.

As Sarah continues to cross, Mr. Johnson realizes she is moving slower than he anticipated. Under Transportation Code § 552.010(b), he has a legal duty to take *necessary precautions* and, if danger can only be avoided by stopping, to bring his vehicle to a *full stop*. Because he was distracted and misjudged the situation, he is now dangerously close to hitting her. To avoid a collision, Mr. Johnson slams on his brakes, barely stopping inches from Sarah, causing her to be startled and almost fall.

In this scenario, Mr. Johnson violated the statute by failing to take necessary precautions and bring his vehicle to a full stop when required to avoid endangering Sarah. If a collision had occurred, resulting in serious injury to Sarah, Mr. Johnson could face criminal charges under Subsection (c), including a fine and mandatory community service with sensitivity training. This example illustrates how the statute imposes a heightened duty on drivers to protect blind pedestrians signaled by a white cane or assistance animal.

Related Statutes

Texas Human Resources Code § 121.002 – Definitions: This statute is directly referenced in Transportation Code § 552.010(d) for the definitions of “assistance animal” and “white cane.”

• “Assistance animal” means an animal that is specially trained or equipped to help a person with a disability and that is used by a person with a disability.
• “White cane” means a cane or walking stick that is metallic or white in color or white with a red tip.

Texas Transportation Code § 552.003 – Pedestrian Right-of-Way at Crosswalk: This general statute outlines when pedestrians have the right-of-way in crosswalks, often complementing § 552.010 by establishing a baseline for pedestrian safety. However, § 552.010 imposes an *even higher* duty of care when a blind pedestrian is involved.

Texas Transportation Code § 545.051 – Driving on Right Half of Roadway; Exceptions: While general, this statute establishes fundamental rules for vehicle operation, underlying the general duty of drivers to operate their vehicles safely and predictably, which is amplified when encountering vulnerable pedestrians.

Texas Penal Code: As mentioned in § 552.010(e), if a driver’s conduct causing injury or death to a blind pedestrian also meets the elements of an offense under the Penal Code (e.g., criminally negligent homicide, assault, aggravated assault), they may be prosecuted under both codes. This allows for more severe consequences depending on the severity of the driver’s actions and the harm caused.

Case Law Interpreting Transportation Code § 552.010

Direct appellate case law specifically interpreting Transportation Code § 552.010 in published opinions appears to be limited. This is often the case with relatively straightforward traffic statutes that create clear duties. Most violations may be handled at the municipal or justice court level or factor into broader civil negligence claims without specific appellate interpretation of this section’s nuances.

A general search on Google Scholar for “Texas Transportation Code 552.010” or “Texas White Cane Law” primarily yields academic articles or references to the statute itself rather than detailed case analyses. Should a collision involving a blind pedestrian occur, the statute’s violation would typically be presented as evidence of negligence or negligence per se in a civil personal injury lawsuit, rather than being the sole subject of an appellate opinion.

Why Transportation Code § 552.010 Matters in Personal Injury Litigation

Transportation Code § 552.010 is a pivotal statute in Texas personal injury litigation involving collisions with blind pedestrians. For plaintiffs, establishing a violation of this “White Cane Law” can be a powerful tool for demonstrating driver negligence, often through the doctrine of negligence per se. Negligence per se means that a defendant’s violation of a statute is considered automatic proof of negligence, as long as the injured person is part of the class the statute was designed to protect and the injury is the type the statute was intended to prevent. Clearly, blind pedestrians are the protected class, and injuries from collisions are the preventable harm.

A plaintiff’s attorney representing a blind individual injured by a vehicle would argue that the driver failed to take necessary precautions or stop, thereby violating this statute. This simplifies the burden of proof for negligence, shifting the focus to causation and damages. The enhanced criminal penalties outlined in Subsections (c) and (c-1), including community service with sensitivity training, also highlight the legislative recognition of the seriousness of such offenses. This can be used to emphasize the defendant’s egregious conduct and the importance of driver responsibility.

For defense attorneys, understanding this statute is crucial. They must assess whether their client genuinely violated the specific duties outlined, such as the requirement to take “necessary precautions” or to “bring the vehicle to a full stop if injury or danger can be avoided only by that action.” Defenses might focus on whether the pedestrian was properly using a white cane or assistance animal, whether the driver had adequate opportunity to perceive the pedestrian, or if other factors contributed to the accident. However, given the statute’s protective intent, the bar for driver responsibility is set very high when dealing with blind pedestrians. This statute underscores the need for all drivers to be vigilant and adhere to the heightened duty of care mandated by law, making it a critical consideration in any related personal injury claim.