Texas Transportation Code 545.428 – Motor Vehicle Collision Involving Pedestrian or Other Vulnerable Road User Within Area of Crosswalk; Offense
Current as of: 2024 | Check for updates
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(a) In this section:
(1) “Electric personal assistive mobility device” has the meaning assigned by § 551.201.
(2) “Golf cart” has the meaning assigned by § 551.401.
(3) “Motor-assisted scooter” has the meaning assigned by § 551.351.
(4) “Neighborhood electric vehicle” has the meaning assigned by § 551.301.
(b) A person commits an offense if the person with criminal negligence:
(1) operates a motor vehicle within the area of a crosswalk; and
(2) causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Transportation Code 545.428
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the person described by Subsection (b)(2) suffered serious bodily injury.
(d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the person described by Subsection (b)(2) was violating a provision of this subtitle relating to walking, movement, or operation in a crosswalk or on a roadway.
(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.