Do Pedestrians Have the Right of Way?

While many believe that pedestrians always have the right of way, Texas law provides a more specific framework. Pedestrians are granted the right of way in marked and unmarked crosswalks at intersections, as well as when following pedestrian signals. However, beyond these circumstances, pedestrians must yield to vehicles on the road. Understanding these distinctions is vital for both drivers and pedestrians to ensure safety and prevent accidents.

Pedestrian Crosswalk Laws

According to Texas Transportation Code § 552.002 pedestrians have the right of way in marked crosswalks when they adhere to traffic signals. The responsibilities of both pedestrians and drivers in these areas are clearly outlined:

• “Walk” Signal: Pedestrians may proceed with crossing. Drivers are required to halt and give way to pedestrians, ensuring a safe crossing.
• Flashing “Don’t Walk” Signal: Pedestrians should not begin crossing. However, individuals already in the crosswalk can continue to cross safely. Drivers must remain stopped until the crosswalk is free of pedestrians.
• Steady “Don’t Walk” Signal: Crossing is not permitted. Pedestrians must wait until the “Walk” signal reappears before crossing.

Pedestrian Rights at Intersections Without Markings or Signals

• At Intersections Without Signals: Pedestrians have the right of way, but they should still be cautious. Drivers must yield to pedestrians.
• Crossing Outside Marked Crosswalks: Pedestrians must yield to traffic when crossing outside designated crosswalks.
• Pedestrians’ Responsibility: Even without signals, pedestrians should wait for a safe gap in traffic and cross carefully.

Other Situations Where Pedestrians Have the Right of Way

Pedestrians have specific rights and protections in various situations beyond crosswalks. Texas law outlines the following circumstances in which pedestrians must be given the right of way:

1. Exiting Private Property or Driveways: If a vehicle is exiting a driveway, alley, or private property, the driver is required to yield to pedestrians who are in the vicinity.
2. Pedestrians with Visual Impairments: Under Texas law, pedestrians who are blind or visually impaired are granted special protection. Under Texas Transportation Code § 552.010, pedestrians using a white cane or accompanied by a guide dog have the right of way. When a driver comes across a pedestrian using a white cane or accompanied by a guide dog, they must stop to protect the pedestrian’s safety while crossing.

When Should Pedestrians Yield to Drivers in Texas?

In certain situations, pedestrians in Texas are required to yield to vehicles. These scenarios include:

• Crossing with the Wrong Signal: If a pedestrian faces a steady red or yellow signal, they must wait and allow traffic to pass.
• Facing a “Don’t Walk” Signal: Pedestrians should not enter or continue crossing when a “Wait” or “Don’t Walk” signal is active.
• Crossing Outside of Crosswalks: Pedestrians must yield when crossing outside a marked or unmarked crosswalk at an intersection.
• Using Available Overpasses or Tunnels: If a pedestrian tunnel or overhead crossing is available, pedestrians must use these designated crossings rather than crossing at street level.
• Sudden Movement into Traffic: Pedestrians who suddenly step off the curb or leave a place of safety into a crosswalk in front of an oncoming vehicle, making it impossible for the driver to stop or yield.

Do Pedestrians Have to Use Sidewalks?

Texas law typically requires pedestrians to walk on available sidewalks. According to Texas Transportation Code § 552.006, if a sidewalk is present and accessible, pedestrians must walk on it and are prohibited from walking along the road. Sidewalks are specifically designed to keep pedestrians safe, separating them from vehicle traffic.

What Should a Pedestrian Do if There are No Sidewalks​?

Texas law states that when sidewalks are not available, pedestrians must walk on the left side of the road facing traffic.This increases visibility and helps prevent accidents. Pedestrians should keep as close to the edge of the roadway as they can and stay vigilant for oncoming traffic. Modern tools, such as safety apps and reflective gear, can further enhance pedestrian safety in such scenarios.

Driver Responsibilities in Pedestrian Zones

Texas Transportation Code § 552.008 specifies that drivers are required to take measures to avoid collisions with pedestrians. This includes:

• Exercising due care on the roadway to prevent accidents.
• Honking the horn when necessary to alert others about a potential hazard.
• Taking extra precautions when observing a child, or a confused or incapacitated individual on the road.

Pedestrian Safety Tips 

While drivers have a duty to exercise caution, pedestrians should also prioritize their own safety by:

• Using marked crosswalks whenever possible.
• Following traffic signals and signs.
• Refrain from distractions like using your phone while crossing.
• Wearing bright or reflective clothing at night.
• Planning routes with safe infrastructure, such as crosswalks and pedestrian signals.

Get Legal Support After a Pedestrian Accident

Pedestrian accidents can lead to serious injuries, leaving victims with medical bills, lost income, and emotional distress. If you’ve been injured, our Personal Injury Lawyers at Mokaram Law Firm can guide you through the legal process. Our experienced team understands the complexities of Texas pedestrian laws and will fight to secure compensation for your medical expenses, rehabilitation costs, pain and suffering, and other damages. Don’t navigate this challenging time alone—contact us today for a free consultation and personalized legal support.