While pedestrians often have the right of way in Texas, this is not always the case. Whether a pedestrian has the right of way depends on where they are crossing, traffic signals, and the circumstances outlined in Texas law.
If you’ve been in an accident while crossing a Texas road, a Houston pedestrian accident lawyer can help you understand your rights, legal options, and next steps.
When Do Pedestrians Have the Right of Way in Texas?
Texas Transportation Code Chapter 552 outlines the rights and responsibilities of both pedestrians and drivers. Understanding these rules can help prevent accidents and determine who may be at fault if a crash occurs.
In general, these are the circumstances in which pedestrians have the right of way:
In Marked Crosswalks
When pedestrians are walking at crosswalks, drivers must yield the right of way. This means motorists should slow down and stop if necessary to allow pedestrians to cross safely, even if there are no traffic lights and simply marked areas for pedestrian crossings.
In Unmarked Crosswalks at Intersections
Even if an intersection does not have painted crosswalk lines. Pedestrians crossing at these locations generally have the same right of way they would have in a marked crosswalk when no traffic signals control the intersection.
When a “Walk” Signal Is Displayed
When a pedestrian control signal displays a steady “Walk” indication, pedestrians have the right to begin crossing the street in the direction of the signal. Drivers turning through the intersection must yield.
When a Pedestrian Is Already Mid-Crossing
A pedestrian who starts crossing during a Walk signal does not lose the right of way if the signal changes to a flashing or steady Don’t Walk. They still have the right of way to get to the other side, and drivers must continue yielding until the pedestrian crosses.
Vehicles Leaving or Entering Certain Areas
When drivers are leaving or entering certain areas like a parking lot, driveway, or alley, they must yield to pedestrians who are crossing or walking. Vehicles should come to a stop, check for pedestrians, and ensure they are being safe.
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When Do Pedestrians Not Have the Right of Way in Texas?
Texas law also requires pedestrians to yield to vehicles in certain situations. If you are a pedestrian and violate these rules, you may share responsibility for an accident, which can affect your ability to recover compensation. Here is more information:
JayWalking
When a pedestrian crosses the street outside a marked or unmarked crosswalk between adjacent intersections with traffic signals, they must yield the right of way to vehicles. A pedestrian who crosses outside a crosswalk may still be found partially or fully at fault if an accident occurs.
Crossing Against a “Don’t Walk” Signal
Pedestrians should not begin crossing when a pedestrian signal displays a steady or flashing “Don’t Walk” indication. Entering the roadway against the signal may result in the pedestrian being considered negligent if an accident occurs. Drivers must still use reasonable care to avoid a collision, but pedestrians are expected to obey traffic signals.
Darting Into Traffic
A pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close the driver cannot reasonably stop in time. Even attentive drivers may be unable to avoid a collision in these situations.
What Are Drivers’ Responsibilities Toward Pedestrians in Texas?
Drivers have a duty to use reasonable care around pedestrians, even when the pedestrian does not technically have the right of way. Texas law requires motorists to exercise due care to avoid striking anyone on a roadway. Drivers should sound their horn when necessary to warn pedestrians of potential danger and remain alert in areas where people are likely to be walking.
Texas law, specifically Texas Transportation Code 552.010, provides extra protections for those who are considered vulnerable; this includes groups such as children, visually impaired people, and pedestrians who are using a service animal.
The Lisa Torry Smith Act also strengthened pedestrian safety laws by requiring drivers to come to a complete stop, not simply slow down or perform a rolling yield, for pedestrians in certain crosswalks. Drivers who fail to stop and cause bodily injury may face criminal penalties in addition to civil liability.
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How Does Right of Way Affect a Pedestrian Accident Claim in Texas?
Right-of-way laws often play a major role in determining who is responsible after a pedestrian accident.
Insurance companies and courts examine whether both the pedestrian and the driver followed Texas traffic laws. A driver who fails to yield when required may be found negligent, while a pedestrian who crosses unlawfully may share responsibility for the crash.
Even if a pedestrian made a mistake, they may still be able to recover compensation depending on how fault is divided.
Is Jaywalking Illegal in Texas?
Yes, jaywalking can be illegal in Texas in certain situations. For example, if you cross the street outside a marked crosswalk between two signalized intersections or ignore a pedestrian signal, you could receive a citation. However, the rules depend on where you’re crossing and the traffic conditions.
Texas Modified Comparative Negligence (The 51% Rule)
Texas follows a modified comparative negligence system. This means that an injured pedestrian can recover damages as long as they are 50% or less responsible for the accident. However, their compensation will be reduced by their percentage of fault. If the pedestrian is found 51% or more responsible, they cannot recover compensation from the other party.
How Fault Is Determined After a Pedestrian Accident
Determining fault requires a careful review of the evidence, like police accident records, witness statements, surveillance or dashcam footage, and even how traffic signals are operating.
Together, this evidence helps establish whether the driver, the pedestrian, or both contributed to the accident. A lawyer can help you do the work of collecting, going through evidence, and presenting it to insurance companies or anyone else who needs it.
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Contact a Texas Pedestrian Accident Lawyer Today
If you were injured in a pedestrian accident, you do not have to face the legal process alone. An experienced attorney can explain your rights, answer your questions, and help you pursue the compensation you may be entitled to for your injuries and losses.
At Haque Law, our team has 80 years of combined experience representing injured Texans. We understand the challenges that can follow a serious accident and are committed to providing the guidance and advocacy you need every step of the way.
Contact our firm today for a free consultation. You pay nothing unless we recover compensation for you. Call the Haque.
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