Picture this: You’re stuck in traffic, running late, and the right shoulder looks like the perfect escape route. You’ve seen others use it—maybe to bypass congestion, reach an exit, or pull off in an emergency.
But is it legal?
Many Texas drivers assume the right shoulder is fair game in certain situations, but the law says otherwise. Before you make that move, you must know the legal consequences, potential safety hazards, and how it could impact your liability if an accident occurs.
Our experienced Fort Worth car accident lawyers are here to help if you are involved in an accident.
Texas Law on Driving on the Right Shoulder
Texas Transportation Code § 545.058 explicitly outlines when a vehicle may legally drive on an improved shoulder. According to the statute, a driver can use the right shoulder only when:
- Stopping, standing, or parking in compliance with the law
- Accelerating before entering the main lane of traffic
- Decelerating before making a right turn
- Passing another vehicle that is slowing or stopped on the main lane
- Allowing a faster vehicle to pass
- Avoiding a collision
- Complying with directions from a traffic control device or an officer
While these exceptions exist, the law is clear that driving on the shoulder for personal convenience—such as skipping a traffic jam—is illegal. If caught, drivers may face fines or, in some cases, be held liable for accidents resulting from improper shoulder use.
The Dangers of Driving on the Shoulder
Texas roads are notorious for heavy traffic, particularly in cities like Fort Worth. Improper shoulder use creates serious safety risks. According to the Texas Department of Transportation (TxDOT), in 2022, over 600 crashes involved vehicles improperly using the shoulder, many resulting in severe injuries or fatalities.
Driving on the right shoulder can be hazardous because:
- Limited Visibility: Vehicles stopped on the shoulder, especially large trucks, can obstruct a driver’s view, increasing the crash risk.
- Unexpected Pedestrians: Stranded motorists, emergency responders, or tow truck drivers may be on the shoulder, putting them in danger.
- High-Speed Differentials: Vehicles traveling at highway speeds don’t expect sudden movements from the shoulder, leading to severe side-impact or rear-end collisions.
If you or a loved one has been injured in an accident due to a driver illegally using the shoulder, consulting a car wreck attorney in Fort Worth can help you understand your legal options.
When Using the Shoulder Can Lead to Liability
Even when a driver thinks they’re making a safe decision, using the right shoulder in an unauthorized manner can lead to liability in an accident. Texas follows a comparative fault system, meaning your compensation could be reduced if you’re partially responsible for a crash. For example, if a driver on the shoulder suddenly merges into traffic and gets hit, they may bear significant responsibility.
A 2023 report from the National Highway Traffic Safety Administration (NHTSA) found that over 25% of highway crashes involving shoulder use resulted in multiple-vehicle collisions. If you’re involved in such a crash, an auto collision law firm in Texas can assess the situation, gather evidence, and advocate for your rights.
Emergency Situations: What You Should Know
While Texas law allows using the shoulder to avoid a collision, it does not permit general traffic maneuvers. However, there are exceptions for emergency vehicles and roadside assistance. If you must pull onto the shoulder in an emergency:
- Turn on hazard lights to alert other drivers
- Call for assistance if needed
- Stay inside your vehicle if it is safe to do so
- Avoid getting out unless necessary
If another driver improperly uses the shoulder and causes a crash, working with a car crash lawyer in Fort Worth can help prove fault and secure compensation for injuries and damages.
What to Do If You’re in an Accident
If you’ve been in a collision caused by someone illegally driving on the shoulder, it’s essential to take the proper steps:
- Call 911 – Report the accident and get medical help if needed.
- Gather Evidence – Take photos of the scene, vehicle positions, and any injuries.
- Get Witness Statements – If others saw what happened, their testimony could strengthen your case.
- Consult an Attorney – An accident attorney in Fort Worth can help you navigate insurance claims and legal proceedings.
Texas law is clear—using the right shoulder improperly can lead to fines, accidents, and liability. If another driver’s reckless decision caused you harm, seeking legal representation from a Fort Worth auto accident lawyer is crucial to protecting your rights and securing fair compensation.
