Bicycle Austin forum

Hello,
If it's nighttime and you're driving 33 mph through an intersection (regardless of the posted speed limit) in a neighborhood that visibly has a high concentration of pedestrians and bicyclists and you hit a pedestrian or bicyclist, then it is arguable that you're both speeding and not following the due care statute (the latter only applies to pedestrians).  Again, see TX Sec. 545.351.(b)(1) and TX Sec. 552.008, especially note (3).  If, in addition, you're not paying attention to the road and had you been paying attention, would have had time to slow down at all, then you're failing to yield to another road user, regardless of whether that road user initially had right-of-way. See TX Sec. 545.151.
Regards,
Ali