Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR BUILDING. An operator emerging from an alley, driveway, or building in a business or residence district shall:
(1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway;
(2) yield the right-of-way to a pedestrian or sidewalk user to avoid collision; and
(3) on entering the roadway, yield the right-of-way to an approaching vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 207 (S.B. 2039), Sec. 3, eff. September 1, 2025.
SUBCHAPTER G. STOPPING, STANDING, AND PARKING
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2002–2024 · leading case:
Joubert v. State, 129 S.W.3d 686 (Tex. App.—Waco 2004).
Joubert v. State, 129 S.W.3d 686 (Tex. App.—Waco 2004).
· cites it 2× “Tex. Trans. Code Ann. § 545.256 (Vernon 1999).”
Throneberry v. State, 72 S.W.3d 389 (Tex. App.—Fort Worth 2002).
· cites it 2× “" Tex. Transp. Code Ann. § 545.256 (1) (Vernon 1999).”
Throneberry v. State, 109 S.W.3d 52 (Tex. App.—Fort Worth 2003).
“” Tex. Transp. Code Ann. § 545.256 (1) (Vernon 1999).”
Danny Eugene Ivie v. State, 407 S.W.3d 305 (Tex. App.—Eastland 2013).
“See Tex. Transp. Code Ann. § 545.256 (West 2011) (requiring operators emerging from a driveway to stop the vehicle before crossing a sidewalk); Id.”
Cnty. of Dallas v. Poston, 104 S.W.3d 719 (Tex. App.—Dallas 2003).
“Tex. TRAnsp. Code Ann. § 545.256 . However, when the driver exercises some degree of care, it becomes an issue of fact as to whether the driver’s conduct was negligent.”
State v. Brandon David Prince, No. 03-18-00456-CR (Tex. App.—Austin Dec. 4, 2018).
“” Tex. Transp. Code § 545.256. Second, Officer Weston testified that he observed Prince violate section 545.”
State v. Brandon David Prince, No. 03-18-00456-CR (Tex. App.—Austin May 1, 2019).
“” Tex. Transp. Code § 545.256. Second, Officer Weston testified that he observed Prince violate section 545.”
Castaneda v. Frausto-Recio, No. 5:24-cv-00718 (W.D. Tex. Oct. 3, 2024).
“” See Tex. Transp. Code § 545.256. Plaintiff makes no allegation that the driver failed with respect to the first element—from Plain- tiff’s alleged facts when he arrived at the driveway, the driver was already sitting there in his truck waiting for a chance to proceed.”
Shirley Harris v. Tomas Vazquez, No. 03-07-00245-CV, 2008 WL 2309179 (Tex. App.—Austin June 5, 2008).
“) (citing Tex. Transp. Code Ann. § 545.256 (3) (West 1999)) (explaining duty to yield right-of-way to oncoming vehicles when entering roadway).”
Shirley Harris v. Tomas Vazquez, No. 03-07-00245-CV (Tex. App.—Austin June 5, 2008).
“) (citing Tex. Transp. Code Ann. § 545.256 (3) (West 1999)) (explaining duty to yield right-of-way to oncoming vehicles when entering roadway).”
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