What Is the Texas Basic Speed Rule?

Speeding is one of the top causes of car accidents in Texas, making it essential for every driver to understand the state’s speed limit laws. What is the basic speed law? Texas law requires drivers to adjust their speed based on road conditions, weather, and traffic—even if they are within the posted speed limit. If a driver fails to do so, he may be subject to significant fines, increased risk of an accident, and even legal liability.

At Armstrong Lee & Baker LLP, we work to guide injured victims through the complexities of Texas’ traffic laws and help them fight for fair compensation. If you’ve been in a speeding accident, our Houston personal injury lawyers can help.

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Texas’s Two Speeding Laws

As a general rule, you should drive at the same speed as traffic. Driving too fast—even within the speed limit—can be dangerous, especially in heavy traffic. Texas has two main speeding regulations: the prima facie speed limit and the basic speeding law. Understanding both laws can help drivers avoid tickets and contribute to safer roads.

Prima Facie Speed Limit

Prima facie speed limits are default speed limits set by law that apply when no specific speed limit signs are posted. In Texas, these limits are based on the type of road and surrounding conditions. If a driver exceeds a prima facie speed limit, they can still argue in court that their speed was reasonable and safe, given the circumstances.

According to Texas Transportation Code Section 545.352, the following are the prima facie speed limits in Texas:

• 30 mph in residential and business districts
• 70 mph on highways outside city limits
• 15 mph in alleys or designated school zones

While these limits serve as general guidelines, law enforcement officers consider factors such as traffic density, weather conditions, and pedestrian activity when issuing citations. Drivers who exceed the posted limits are subject to fines, points on their driving record, and increased insurance costs. Conversely, they can argue in court that their speed was reasonable considering the conditions, but this requires a lot of proof and legal knowledge.

Basic Speeding Law

Unlike the prima facie rule, Texas’s basic speeding law simply requires drivers to adjust to an appropriate speed under road, weather, and traffic conditions, irrespective of the speed limit. Thus, even on roads with 70 mph posted limits, drivers will be deemed reckless if traveling at that speed during heavy rain, dense fog, or on slick roads. Law enforcement assesses each situation and can issue citations to drivers who fail to adjust their speed.

This means that even though there is a posted limit, drivers must adjust to a speed that is safe and proper for the current conditions. The goal should be to prevent accidents and ensure everyone’s safety on the road, rather than simply driving at the maximum allowable speed.

Some conditions in which a driver needs to adjust their speed include:

• Wet roadways
• Reduced visibility
• Uneven roads
• Construction zones
• Curves and intersections
• Gravel roads
• Heavy traffic

Failing to drive at a safe speed under these conditions can lead to serious accidents, putting both the driver and others at risk.

What Are the Penalties for Speeding in Texas?

Speeding infractions in Texas can result in penalties, points on your driving record, higher insurance premiums, and potentially license suspension for repeat offenders.  Penalties vary depending on the severity of the infringement.

• Basic speeding violations: The penalties for these violations vary based on several factors, including the location and the driver’s prior record. Standard fines range from $25 to $200, but additional costs may apply if the violation occurs in a school zone, construction zone, or an area with heavy pedestrian traffic.
• Excessive speeding: Driving more than 25 mph over the limit can result in higher fines, license suspensions, and mandatory driving courses. In more serious cases, the worst speeding tickets may require court appearances or even other penalties, such as community service or a longer probation status for new drivers.
• Reckless driving: Excessive speeding may result in severe penalties, such as heavy fines, criminal charges, and even imprisonment. When careless driving causes harm, death, or major property damage, the courts give much heavier punishments.  People who break the law more than once could lose their licenses, have to take driving schools, have their insurance rates go up a lot, or even have their policies canceled.
• School zones and construction zones: These are high-risk areas where speeding violations carry stricter penalties due to the increased danger to pedestrians, children, and workers. If caught speeding in these zones, drivers may face double fines compared to standard speeding tickets, points on their driving record that could increase the risk of license suspension, higher legal consequences, including mandatory court appearances or traffic school, and license suspension for severe infractions, especially for repeat offenders.

Repeat offenders will receive increased penalties, such as longer license suspensions and higher reinstatement fees. Texas has a point system where multiple violations can result in license suspension and costly surcharges. Besides the legal repercussions, insurers consider repeated speeding offenses as high-risk behavior, often resulting in substantial increases in premiums or cancellations.

Accordingly, legal representation by a skilled lawyer can soften speeding tickets and, at times, may successfully reduce charges and negotiate other than monetary alternative penalties, with the added likelihood of citation dismissal upon an error by the issuing enforcement officer during booking. 

Texas Speeding Stats

Speeding is a leading cause of car accidents and fatalities in Texas, putting thousands of lives at risk every year. Statistics have continuously indicated that driving at high speeds raises the severity of the injury, besides increasing the likelihood of a crash. These statistics highlight the dangers of speeding and the importance of obeying speed limits:

• 2022 fatalities: Speeding contributed to 1,469 deaths in Texas, accounting for one-third of all traffic fatalities.
• 2023 crashes: In 2023, speeding was the leading cause of car accidents in Texas, with 138,927 crashes.
• Risk of death: The possibility of death in a crash doubles with every 10 mph increase in speed.
• Speed limits: Texas has some of the highest speed limits in the land, with rural interstates allowing 85 mph.
• Road conditions: Factors like construction, speed limits, and road designs contribute to high-speed crashes.
• Campaign efforts: The Texas Department of Transportation (TxDOT) and the Texas Department of Public Safety (DPS) are raising driver awareness on safe speed practices, even passing out tip cards during traffic stops.

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Injured in a Speed-Related Car Accident? Call Us Today!

Speeding isn’t just reckless—it’s dangerous and life-threatening. If you or a loved one has been injured because of a negligent driver, don’t wait to take action. At Armstrong Lee & Baker LLP, we relentlessly fight for victims of speed-related accidents. Our experienced Houston car accident lawyers are ready to fight for you and ensure you receive the full compensation you deserve. Call 832-402-6637 for a free consultation, and allow us to walk you through your legal options.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

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