Texas Transportation Code § 545.351 – Driving at an Unsafe Speed
Table of Contents
Statutory Text:
§ 545.351(a):
An operator may not drive at a speed greater than is reasonable and prudent under the circumstances, considering traffic, road surface, and weather.§ 545.351(b):
Speed must be adjusted when:
Approaching and crossing intersections or curves
Going around turns
Traveling over hills or inclines
Presence of hazards
§ 545.351(c):
Driving at posted speed limits is not a defense if conditions require slower travel.
What Is the Texas Unsafe Speed Law?
This law requires drivers to maintain a safe speed, not just obey posted speed limits. Even if you’re within the limit, you can still violate § 545.351 if your speed is unreasonable given road conditions.
Key Takeaways
Speed must be adjusted for weather, curves, visibility, and traffic
You can receive a citation even while driving under the speed limit
Often cited in weather-related accidents and rear-end collisions
Example Scenario
A driver goes 60 mph on a rural highway in heavy fog. Though the speed limit is 70, their speed is unsafe for conditions and violates § 545.351.
If a crash occurs, they may be cited and found civilly liable for driving too fast for the circumstances.
Why It Matters in Injury Cases
Used to prove negligence in auto accident lawsuits
Violating this law may lead to a negligence per se finding
Insurance adjusters use this to assign fault when road/weather conditions are relevant
Related Statutes
§ 545.352 – Prima Facie Speed Limits
§ 545.401 – Reckless Driving
§ 550.021 – Failure to Stop and Render Aid
Texas Case Law Interpreting § 545.351
Found that reasonable speed is fact-specific and must consider actual road and weather conditions, not just posted limits.
Held that driving below the limit can still be unsafe and thus unlawful, depending on context (e.g., slick roads or school zones).
Frequently Asked Questions About § 545.351
Houston Personal Injury Lawyer - Joel A. Gordon
Yes. If your speed is unsafe for conditions, you can still be ticketed under § 545.351.
Yes. Drivers are required to slow down when visibility or road traction is poor.
No. The posted limit is a maximum, not a guarantee that the speed is always safe.
Yes. If someone was driving too fast for the conditions, even within the limit, it can be used as evidence of negligence in an injury claim.
Reinforced that governments are not liable unless they knew of the condition and failed to warn.