Car accident on a flooded road in Houston: the Texas barricade law, insurance and crash reports

The short answer

Texas law makes it an offense to drive around a barricade or to disobey a warning sign, and when the barricade or sign was placed because water is over any part of a road, street or highway, the offense is a Class B misdemeanor (Tex. Transp. Code §472.022). The Texas Department of Insurance says comprehensive auto coverage is the coverage that pays for flood damage to a car (TDI). A collision in high water carries the same reporting and information duties as any other Texas crash (Transp. Code ch. 550).

This guide provides general informational guidance and is not legal advice. It does not say who was responsible for any crash, whether any insurance applies to a particular loss, or which deadline applies to anyone; an attorney can tell you that.

Key facts (as of October 29, 2026)

• Driving around a barricade is an offense. Disobeying a warning sign or driving around a barricade is an offense under §472.022(a).
• High water raises the level of the offense. Where the sign or barricade was placed because water is over any portion of the road, the offense is a Class B misdemeanor (§472.022(d)(2)); the punishment range is in Penal Code §12.22.
• Each violation counts separately. "Each violation of this section is a separate offense" (§472.022(c)).
• Moving or damaging a barricade is a separate offense. Tampering with, damaging or removing a barricade or warning device is covered by §472.021.
• Speed must fit the conditions. Texas requires drivers to slow down when "a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions" (§545.351(c)(5)).
• Comprehensive coverage and flood damage. TDI says comprehensive coverage covers flood damage to a car (TDI).
• Houston 311 is available around the clock. Call 311 or 713.837.0311 from any Houston landline or mobile phone (Houston 311).

What the Texas barricade law says

Section 472.022 of the Transportation Code is the statewide rule behind the barricades and "road closed" signs that go up on flooded streets and low-water crossings. A person commits an offense if the person "disobeys the instructions, signals, warnings, or markings of a warning sign" or "drives around a barricade" (§472.022(a)).

The section defines its own terms:

• a barricade is an obstruction placed on or across a road, street or highway by TxDOT, a political subdivision, or a contractor or subcontractor working under their authority, "to prevent the passage of motor vehicles over the road, street, or highway during construction, repair, or dangerous conditions" (§472.022(e)(1)); and
• a warning sign is a signal, marking or device placed on a barricade or on the road during construction, repair or dangerous conditions to warn or regulate traffic, and the term includes a flagger directing traffic (§472.022(e)(3)).

The offense level depends on why the barricade is there. In general the offense is a misdemeanor punishable by a fine, with a higher fine range in a marked construction or maintenance work zone when workers are present. But "if a person commits an offense under Subsection (a) where a warning sign or barricade has been placed because water is over any portion of a road, street, or highway, the offense is a Class B misdemeanor" (§472.022(d)(2)). A Class B misdemeanor is punished by a fine, jail confinement, or both, within the limits in Penal Code §12.22. TxDOT's own flooded-roadway article describes the same rule for drivers who do not comply with barriers blocking low-water crossings or flooded roadways (TxDOT).

Two groups are excluded: a person following the directions of a police officer, and a person, such as an employee of TxDOT, a political subdivision or a contractor, "whose duties require the person to go beyond or around a barricade" (§472.022(b)).

A neighboring section covers the barricade itself. It is an offense to tamper with, damage or remove a barricade, flare pot, sign, flasher signal or other warning device placed on or next to a highway by the state, a political subdivision, a contractor or a public utility (§472.021).

These are criminal and traffic rules. Whether one was broken is decided by police, prosecutors and courts, and how a violation bears on a civil injury claim is a separate legal question this guide does not answer.

What the National Weather Service and TxDOT say about flood water

The National Weather Service runs a national flood-safety campaign about driving and walking into flood water (NWS). The NWS says that "a mere 6 inches of fast-moving flood water can knock over an adult," that "it takes just 12 inches of rushing water to carry away most cars," and that "just 2 feet of rushing water can carry away SUVs and trucks." It also says, "Never drive around the barriers blocking a flooded road. The road may have collapsed under that water" (NWS).

TxDOT lists hidden dangers behind a road closure: damaged bridges and roads, debris under the water, currents stronger than they appear, open storm drains whose covers were swept away, and fallen power lines. TxDOT says road closures and alternate routes are posted on DriveTexas.org (TxDOT).

Speed and driving rules in heavy rain

Texas does not set one speed for wet roads. Instead, a driver "may not drive at a speed greater than is reasonable and prudent under the circumstances then existing," must "control the speed of the vehicle as necessary to avoid colliding with another person or vehicle," and must drive at an appropriate reduced speed when "a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions" (§545.351).

Crashes in heavy rain take many forms: a vehicle that stalls in water and is struck, a rear-end collision when traffic stops at a flooded underpass, a vehicle that leaves the road, or a car driven past a barricade. Which rules matter, and how Texas divides responsibility when more than one driver is involved, depends on the facts. Our guide to the Texas 51% rule explains how Texas law generally shares responsibility.

What Texas law requires after a collision in high water

A crash on a flooded road carries the same duties as any other Texas crash. Under §550.023, the driver of a vehicle involved in a collision that injures or kills a person or damages a vehicle that is driven or attended by a person must:

• give their name and address, the registration number of the vehicle they were driving, and the name of their motor vehicle liability insurer to the other people involved;
• show their driver's license if asked and if it is available; and
• give any injured person reasonable assistance, including arranging transport to a physician or hospital if treatment is apparently necessary or the injured person asks.

Under §550.026, when a collision injures or kills a person, or damages a vehicle so that it cannot be normally and safely driven, the driver must immediately give notice of the collision to the local police department if the crash was in a city, or to the sheriff's office or the nearest Department of Public Safety office outside city limits. Our chapter 550 reference entry prints these duties, and our guide on getting a crash report in Houston explains how to request the report afterwards.

How TDI describes insurance for a flooded car

The Texas Department of Insurance publishes two consumer pages on flooded vehicles. They say:

• Comprehensive coverage. "If you have comprehensive auto coverage, you're covered for flood damage to your car." Coverage information is on the policy's declarations page, and the TDI Help Line at 800-252-3439 can give a contact number for an insurance company (TDI, Flooded cars).
• Photos. TDI suggests taking photos or video of the damage and, if it is safe, of the car in the water (TDI blog).
• Starting the car. TDI says to have a mechanic look at a flooded car before trying to start it, to avoid more damage (TDI, Flooded cars).
• Totaled cars. TDI explains how an insurance company decides whether a flooded car is totaled, and adds that a car may be totaled even if water did not get into the engine (TDI, Flooded cars).
• A car that floated away. TDI suggests contacting the police department's unclaimed autos department to see whether the car was recovered (TDI, Flooded cars).
• Timing. "Texas law requires companies to pay claims timely, but those deadlines can be extended for disasters" (TDI, Flooded cars).

Flood damage and a collision with another vehicle are handled under different parts of an auto policy and, when another driver is involved, possibly under that driver's liability coverage. Our guides on property damage and injury claims, uninsured and underinsured motorist coverage and talking to the insurance adjuster explain how those parts generally work.

Houston and Harris County flood resources

Houston 311. The City of Houston's 311 service says live assistance is available 24 hours a day, 7 days a week, by calling 311 or 713.837.0311 from any Houston landline or mobile phone, and that service requests can also be made online and through its smartphone app (Houston 311).

Harris County Flood Warning System. The Harris County Flood Control District runs the Harris County Flood Warning System, whose map includes an "Inundation Map to view current flooded roads, parks, and low-lying areas" and a channel status view of bayou levels. The site offers rainfall and water-level alerts by text message and email.

City streets and property damage. The City of Houston's Filing a Claim page says, in answer to a question about potholes and objects in the street, that "Under State law, the City is not liable for property damage caused by the condition of its streets."

When a government vehicle or road is involved

If the other vehicle belonged to a city, county, school district, METRO or a state agency, the Texas Tort Claims Act and, for the City of Houston, the City Charter's 90-day written-notice rule can apply (City of Houston, Filing a Claim). The Act covers harm that arises from a government employee's operation or use of a motor-driven vehicle, and treats a condition of real property, such as a road, differently: for that, it covers personal injury and death, not property damage (Civ. Prac. & Rem. Code §101.021).

Two more sections address roads and warning devices. The Act does not apply to a claim arising from the absence, condition or malfunction of a traffic or road sign, signal or warning device unless it is not corrected within a reasonable time after notice, among the other rules in §101.060. For a premise defect, the governmental unit generally owes only the duty a private person owes a licensee, but that limit does not apply to the duty to warn of special defects such as excavations or obstructions on roads (§101.022).

Our guide on crashes with a Texas government vehicle sets out each agency's notice rule, and our Tort Claims Act reference entry prints the statute. This guide does not say whether any of these rules applies to a particular crash; an attorney can.

The general filing period

Texas generally requires a personal injury suit to be brought not later than two years after the day the cause of action accrues, with exceptions the Code states (Civ. Prac. & Rem. Code §16.003). Our guide to the Texas statute of limitations for injury claims explains the general rule. A government notice period, where one applies, is a separate and shorter step.

Records people commonly keep after a crash in high water

It can help to keep these in one place:

• Photos or video of the vehicles, the water level and any barricade or warning sign, if it was safe to take them
• The date, time and exact place, including the street, the nearest cross street or underpass, and the direction of travel
• The crash report number and the agency that took the report
• The other driver's name, insurer and vehicle registration number, as exchanged under §550.023
• Names and contact details of any witnesses who spoke with you at the scene
• Towing and storage receipts, repair estimates or a total-loss letter
• Medical bills and records, and records of missed work and pay
• Your auto policy's declarations page and any claim numbers

Our guides on what evidence helps an injury claim and what to do after a car accident in Houston explain how records like these are commonly used.

Related guides

• Texas Transportation Code chapter 550: a driver's duties after a crash
• What to do after a car accident in Houston
• How to get a crash report in Houston
• Crash with a City of Houston, Harris County or other government vehicle
• Construction zone accident in Texas
• Texas property damage and injury claims

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

More guides

• Auto Accidents

  US-59/I-69 accidents in Houston: crash data by year (2018–2024)

  Official City of Houston and NHTSA crash counts for US-59/I-69 (Southwest and Eastex Freeway) by year, the rise in fatal crashes, the county-wide FARS count and how to get a crash report.

• Auto Accidents

  SH-288 accidents in Houston: crash data by year (2018–2024)

  Official City of Houston and NHTSA crash counts for SH-288 (the South Freeway) by year, the fatal share of serious crashes, the county-wide FARS count and how to get a crash report.

• Auto Accidents

  610 Loop accidents in Houston: crash data by year (2018–2024)

  Official City of Houston and NHTSA crash counts for the 610 Loop (I-610) by year, the fatal share of serious crashes, the county-wide FARS count and how to get a crash report.

• Auto Accidents

  When a family member dies in a Texas crash: what Houston families can expect

  A plain guide for Houston families after a fatal crash: the medical examiner, death certificates, the crash report, a criminal case, Texas wrongful death and estate rules, and the law that protects families from solicitation.

• Auto Accidents

  Texas seat belt law and injury claims: §545.413, child seats and the Nabors rule

  What Texas law says about seat belts and car seats, with official sources: who must buckle up, the child-seat rule, the fines and defenses, and how the Supreme Court of Texas treats seat-belt evidence in an injury lawsuit.

• Auto Accidents

  Texas Crime Victims' Compensation after a crash: DWI, hit-and-run and other crimes

  How the Texas Crime Victims' Compensation Program treats crashes, with official sources: which crash-related crimes the law covers, who may apply, the reporting rule and three-year filing period, what the program pays for, its limits and how insurance fits in.