Is it illegal to drive barefoot in Texas? No, it is not illegal, but the choice to drive barefoot may not come without consequences.
Multiple factors may contribute to an accident, requiring a thorough investigation by an Arlington car accident lawyer.
Texas Laws on Driving Barefoot
No laws in Texas or any state prevent you from driving barefoot. However, driving barefoot can be a significant contributor to an accident. Presentation of the evidence is part of what to expect in a car accident trial process.
Working with an Arlington car accident attorney may allow you to increase your damages through a settlement with the insurance company without going to trial. Presenting facts that support your claim helps establish who is negligent in an accident. Even though driving barefoot is not illegal, it may impair a driver’s ability to operate a car safely.
Reducing your settlement amount becomes less of a possibility when you have someone advocating for your recovery. Should your case go to trial, then a driver’s choice to operate a vehicle while barefoot may be determined as a reckless act. Experience in applying Texas negligence laws to complex cases can benefit the outcome of your case.
Reasons Driving Barefoot Can be Unsafe
Each driver owes others on Texas highways a duty of care. This duty requires a driver to act reasonably to avoid harming others. Driving barefoot may result in the following:
- Shoe interference: A driver who kicks off their shoes in the car risks having their footgear interfere with the pedals.
- Slower response: Driving barefoot changes the perception of the location of the pedals and the amount of pressure necessary to brake or engage the gas pedal, which may create a slower response time.
- Slippery pedals: Most shoes have soles with some form of traction that engages better with the pedal, while a barefoot may more easily slide off a pedal.
- Reduced sensory perception: Driving barefoot is legal but provides less footbed structure, potentially decreasing a driver’s ability to sense the level of pedal engagement.
Just because driving barefoot is not illegal does not make it the best option. Driving barefoot, removing a shoe or shoes while operating a vehicle, or improperly wearing shoes may all contribute to an accident. The insurance company may assign a percentage of fault for negligence due to driving barefoot.
How Driving Barefoot Factors Into Texas Negligence Laws
Texas follows modified comparative negligence laws and determines proportionate responsibility in a car accident. Drivers whose fault in an accident is greater than 50% cannot seek damages in a claim or lawsuit. Driving barefoot may contribute to a driver committing the following actions:
- Failure to act with due care
- Negligent driving
- Reckless driving
In many car accidents in Texas, both drivers are partially responsible for an accident. A driver operating a vehicle barefoot may be attributed more fault in an accident when proof exists that being barefoot contributed to the accident. A car accident lawyer in Arlington can help protect your claim by striving to demonstrate the other driver’s degree of fault accurately.
Why Choosing the Best Footwear for Driving Matters
Not all shoes are created equal. No shoe is illegal to wear while operating an automobile. However, these types of shoes may be more dangerous to wear when driving:
- High heels
- Thick or rigid-soled shoes or boots
- Flip-flops or sandals
- Loose-fitting or oversized shoes
The potential for less compensation for your injuries, even in a motorcycle accident in Texas that is not your fault, is possible if you do not wear protective footwear. It is not illegal to drive barefoot on a motorcycle. However, a reduction or the loss of compensation for a foot injury may occur for failing to wear protective clothing, including footwear recommended by the Texas Department of Licensing & Regulation (TDLR) (Pg. 5).
Avoid these Mistakes in a Car Accident Involving a Barefoot Driver
Injured car accident survivors often assume the facts surrounding a car accident are straightforward. Even seasoned professionals like law enforcement may miss critical details about an accident. A car accident attorney in Arlington can explain this and other mistakes to avoid after a car accident, which may impact your compensation.
Cases involving extensive damage may require going to court. Expert witnesses can shed light on how a driver’s actions contribute to your injuries. An expert witness may demonstrate to a jury that driving barefoot increases accident potential.
Thinking outside of the box is one way our team will work to maximize your claim. We go the distance to prevent common mistakes after a car accident. Never assume that even though driving barefoot is legal, it is not a critical factor in causing an accident that results in injuries.
Other Considerations About Driving Barefoot in Texas
Even when you are the injured party in a car accident, driving or riding barefoot in a car is never your safest option. A car accident can be physically demanding. Driving barefoot in Texas is not recommended because of the following scenarios that may occur:
- You must wait barefoot on a hot highway for law enforcement or emergency medical services to arrive
- Walking through the brush to retrieve items lost from your car is necessary
- A loved one or an injured party requires your help at the scene of the accident covered in broken glass or wreckage
- Moving a car to the side of the road requires you to push it out of traffic while barefooted
The potential for highway accidents in Texas occurs every time you drive or are a passenger in an automobile. It is also a proactive measure to consider the best footwear for pedestrians in Texas to prevent injury and minimize damage should an accident occur. Driving barefoot may offer less safety for you and others.
Discuss Your Damages by a Barefoot Driver
Though driving barefoot is not illegal, choosing to do so may contribute to an accident.
Contact The Texas Law Dog and schedule a free consultation to discuss your case. Our team will relentlessly work to determine if a barefoot driver is responsible for your damages.
