Two Buddhist Monks hit by car during peace walk in Dayton
by Benjamin Treviño | November 21st, 2025 | Auto Padestrian, Pedestrian Accident, Personal Injury
Houston Area Personal Injury Attorney J. Gonzalez
Are Texas motorists immune from liability if their vehicle hits a protestor on a public roadway?
In Texas, there is no law that grants a motorist a general legal right or immunity to hit protestors on the street. Drivers are still expected to exercise “due care” and can be held both criminally and civilly liable for their actions, particularly if they act with negligence, recklessness, or intent to cause harm.
Key Legal Principles
A driver who hits a person in a roadway in Texas is subject to the standard laws of the road and the legal principles of negligence and criminal liability. The core principle is that a driver must act as a “reasonable person” would in the same situation.
A driver can be held civilly liable for injuries if their actions are deemed negligent (lacking reasonable care) and they are found to be at least 50% responsible for the incident. Criminal charges may apply if the actions are considered reckless or intentional.
Claims on social media that drivers have the right to “plow through” protesters are false. Intentional actions that result in injury or death can lead to severe criminal penalties.
Legislation Regarding Roadway Obstruction
While drivers do not have immunity, recent Texas legislation has increased penalties for individuals who block roadways during protests, particularly if they obstruct emergency vehicles.
A law was passed in 2021 (HB 9) that makes it a state jail felony for a person to knowingly obstruct an emergency vehicle that has its lights flashing and sirens on. This legislation focuses on deterring protesters from blocking traffic, not on protecting drivers who hit them.
Bills have been introduced in the Texas Legislature in past years (such as HB 250 in 2017 and HB 1561 in 2021) that aimed to limit the civil or criminal liability of drivers who unintentionally injure someone blocking a roadway. However, none of these specific driver immunity provisions were enacted into law in Texas.
Summary for Motorists
Motorists encountering a protest on a street are expected to follow traffic laws and prioritize safety. They should not use their vehicle to inflict harm, even if the protesters are breaking the law by obstructing traffic. The proper course of action is to contact law enforcement and allow them to manage the situation
Summary for accident victims
If you are struck by a vehicle on a public roadway, regardless of whether you were protesting or not, you may have a right to seek compensation for your injuries. As mentioned above, the motorist must have been at least 50% responsible for the incident.
The best thing you can do (after you get medical care) is contact the J. Gonzalez Law Firm. Our personal injury attorneys are well-versed in Texas criminal and civil law, and they are ready to discuss the details of your case with you.
To set up a free, no-obligation consultation, contact us right away via this website or by calling 1-800-CAR-CRASH. Don’t be fooled by misinformation on the internet. Trust the experts at the J. Gonzalez Law Firm. We’re ready to take your call.
Two Buddhist Monks hit by car during peace walk in Dayton
By: Benjamin Treviño
DAYTON — Two Buddhist monks were hospitalized after being hit by a pickup truck as they participated in a peace walk along US 90 in Dayton. The incident happened in the evening of November 19.
Dayton Police Chief Shane Burleigh told ABC13 the group of monks was walking along the eastbound shoulder of US 90 just off the tollway, followed by a pilot car with hazard lights. According to Burleigh, the pickup truck driver was trying to get around the pilot car, but struck the vehicle instead. The pilot car then struck two of the monks.
One of the victims suffered serious leg injuries, and was airlifted to a hospital. The second monk with less severe injuries was transported by ground ambulance, police said.
The driver was not expected to go to the hospital, according to Burleigh, but the chief said he left the scene before confirming whether the person was transported or not.
The driver of the pickup was not injured and is fully cooperating with investigators, police said.
As of this writing, investigators had not determined the cause of the accident, and no charges had been filed. Dayton is located in Liberty County about 40 miles northeast of Houston.