Unsafe passing on 2 lane road

[Txhunter3000]

Looking for opinions, especially from LEO.
I have a friend that was lawfully passing a sheriff on a 2 lane road. Sheriff was doing 30 in a 70 and without warning or blinker turned into him as he was passing him. The Sheriff said in court that he was doing 30 in a 70 and doesn't remember using his blinker. My friend got the ticket from a DPS that did the accident. He lost his court case this morning for" unsafe passing ". This is southern Milam County on FM 908 just south of Rockdale.
How is this his fault?

[glen]

Because the way the law is written. There is no minimal speed limit in Tx. It is the passing drivers responsibility to overtake safely. An accident happened so it was not safe. I’m not saying it’s right but if I remember correctly that is how it is written

[Txhunter3000]

And if the roles were reversed the sheriff would have gotten the ticket?

[bowhunterhelm]

How did the court say it was his fault. They had to have explained it to him. From what you typed out, it seems it would be the deputies fault.

Did the deputy have his emergency lights on?

Your friend is telling you he passed in a passing zone and the deputy turned left into him without signaling. From this scenario it would be the deputies fault.

There are always two sides to every story though, not saying your friend is making things up but this went to court and he lost his case.

[Txhunter3000]

Deputy did not have lights on, wasn't going to any call and I believe my friend.

[jwo]

Never the officers fault worked for harris county for35 years. Seen it a hundred times.

[BrianL]

Doesn't matter if whet your friend said was 100% correct, law states that you must safely pass. if there was a collision, it wasn't safely.

Similar situation happened to my son. He was passing someone on the right, that was stopped in the middle of the highway turning left, with left blinker on. Driver decided to turn right because he got tired of waiting to turn across busy traffic and hit my son passing on the right (shoulder). My son got the ticket for the same reason as your friend.

[bowhunterhelm]

Never the officers fault worked for harris county for35 years. Seen it a hundred times.

I've seen it the cops fault plenty of times, it is what it is. Nobody is conspiring to cover up at fault collisions. Maybe I've just worked at professional agencies but that don't fly at agencies I've worked.

Also, I'm not a traffic cop, Glen pointed out a scenario that may make it the person passing fault. Maybe a Trooper or traffic cop will chime in.

[CEO]

Wasn't he passing safely until the other car decided to turn?

[justletmein]

Sounds like an unsafe lane change/turn by the LEO to me, need a blinker to safely make a turn.

This is why I have a dash cam now, no more he said/she said.

Doesn't matter if whet your friend said was 100% correct, law states that you must safely pass. if there was a collision, it wasn't safely.

Similar situation happened to my son. He was passing someone on the right, that was stopped in the middle of the highway turning left, with left blinker on. Driver decided to turn right because he got tired of waiting to turn across busy traffic and hit my son passing on the right (shoulder). My son got the ticket for the same reason as your friend.

That's not similar, you're not allowed to use the shoulder to pass (we all do it though).

[CWendling]

Sounds like an unsafe lane change/turn by the LEO to me, need a blinker to safely make a turn.

This is why I have a dash cam now, no more he said/she said.



That's not similar, you're not allowed to use the shoulder to pass (we all do it though).

And it is perfectly legal:

Texas transportation code 545.058

(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:

(1) to stop, stand, or park;

(2) to accelerate before entering the main traveled lane of traffic;

(3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device;  or

(7) to avoid a collision.

(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:

(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;

(2) as permitted or required by an official traffic-control device;  or

(3) to avoid a collision.

(c) A limitation in this section on driving on an improved shoulder does not apply to:

(1) an authorized emergency vehicle responding to a call;

(2) a police patrol;  

(3) a bicycle;  or

(4) a slow-moving vehicle, as defined by Section 547.001 .

[justletmein]

And it is perfectly legal:

Texas transportation code 545.058

(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:

(1) to stop, stand, or park;

(2) to accelerate before entering the main traveled lane of traffic;

(3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device;  or

(7) to avoid a collision.

(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:

(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;

(2) as permitted or required by an official traffic-control device;  or

(3) to avoid a collision.

(c) A limitation in this section on driving on an improved shoulder does not apply to:

(1) an authorized emergency vehicle responding to a call;

(2) a police patrol;  

(3) a bicycle;  or

(4) a slow-moving vehicle, as defined by Section 547.001 .

That's good to know, covered under #4, thanks for the correction.

[BrianL]

That's not similar, you're not allowed to use the shoulder to pass (we all do it though).

LEO said it was completely legal up until the point that he hit the car that changed their mind. Then he was no longer "safely" passing.

[S-3 Ranch]

I live on a two lane road 35 mph, it’s not uncommon for Kendall county sheriffs department
To run it 60-70 mph no lights , they have T-boned multiple people last couple years , seems unreasonable for them to not be accountable IMO

[SabineHunter]

LEO said it was completely legal up until the point that he hit the car that changed their mind. Then he was no longer "safely" passing.

The cop has to turn legally as well. Both or neither should have gotten tickets. Your buddy needs to appeal the decision.