Pedestrian Laws and Rights in Texas

Pedestrians are Texas’s most vulnerable road users, as they are at the highest risk of injury in traffic accidents. For this reason, it is imperative that all drivers know, understand and obey Texas’s pedestrian laws. Drivers have the power to decrease the risk of pedestrian collisions by driving safely. Unfortunately, this is not always what happens.

Pedestrian Right-of-Way Laws in Texas

The right-of-way refers to the legal right of a driver, cyclist or pedestrian to proceed across a road ahead of others. At places where two or more directions of traffic cross, right-of-way laws determine who has priority of passage. Texas’s right-of-way rules for pedestrians are found mainly in Texas Transportation Code Chapter 552.

Crosswalks

Section 552.003 requires motor vehicle operators to stop and yield to pedestrians crossing a roadway in a crosswalk if they are on the half of the roadway in which the vehicle is traveling or approaching so closely from the other half as to be in immediate danger. Even at a crosswalk, pedestrians in Texas must remain at a curb or place of safety until it’s safe. Pedestrians must yield to vehicles that are driving so close that it is impossible for the driver to stop.

Intersections

A pedestrian who is approaching an intersection that has a stop sign must stop before entering the crosswalk (marked or unmarked) and yield the right-of-way to vehicles that have already entered the intersection, or vehicles that are approaching so closely as to be an immediate hazard to the sidewalk user.

Jaywalking

It is against the law for a pedestrian in Texas to cross the road anywhere between two adjacent, traffic-controlled intersections except at a marked crosswalk. This is also known as jaywalking. If a pedestrian chooses to jaywalk, he or she must yield to existing road traffic.

Responsibilities Drivers in Texas Owe to Pedestrians

According to § 552.008 of the Texas Transportation Code, motor vehicle drivers are legally required to exercise due care to avoid hitting pedestrians on the roadway. This responsibility can include the duty to:

• Pay attention to the road and avoid distractions
• Obey Texas’s cell phone laws (no texting while driving)
• Yield the right-of-way to pedestrians when legally required
• Yield to pedestrians on the sidewalk when exiting a driveway or parking lot
• Check for pedestrians crossing the road before proceeding
• Honk the horn, when necessary, to prevent a collision

Drivers must exercise extra caution when the pedestrian is a child or blind. If a driver is guilty of speeding, violating Texas’s pedestrian laws, driving under the influence or other acts of negligence, he or she can be held responsible for hitting a pedestrian.

Your Rights After Getting Hit By a Car in Texas

If you get struck by a motor vehicle in Texas, get to safety and check yourself for injuries. Call 911 to report the accident and request medical attention. While you’re still at the scene, collect information and evidence. This may include witness names and photographs. Once you’ve seen a doctor, ask for copies of your medical records. Then, bring all of the documents and information related to your claim to a free evaluation with an attorney.

A pedestrian accident lawyer in San Antonio can review your situation to inform you of your legal options. With an attorney’s representation, you can focus your attention on healing while a trained professional handles the rest for you.