In Texas, pedestrian accidents can lead to serious injuries or even fatalities, especially in busy urban areas like San Antonio. Many pedestrians believe they automatically have the right of way in all situations, but Texas law is more nuanced. Understanding when pedestrians have the right of way and when they don’t can help both drivers and walkers avoid potentially catastrophic collisions. This blog will explore the legal framework surrounding pedestrian rights, the responsibilities of drivers, and how fault is determined when accidents happen.
Table of Contents
- Introduction
- Texas Law: The Basics of Pedestrian Right of Way
- Common Situations: When Pedestrians Have the Right of Way
- Crosswalks and Intersections
- Sidewalks and Driveways
- School Zones and Bus Stops
- When Pedestrians Do Not Have the Right of Way
- Jaywalking
- Crossing Against Traffic Lights
- Highways and Other Restricted Areas
- The Responsibilities of Drivers
- Shared Responsibility: Comparative Fault in Texas
- How Right of Way Affects Personal Injury Claims
- What to Do After a Pedestrian Accident
- Conclusion
1. Introduction
Pedestrian accidents account for a significant portion of traffic fatalities in Texas. In 2022, the Texas Department of Transportation (TxDOT) reported over 5,000 pedestrian accidents, resulting in hundreds of deaths and even more serious injuries. While many people assume that pedestrians always have the right of way, the truth is more complex. Both pedestrians and drivers must follow specific rules to ensure safety on the road.
This blog aims to clarify when pedestrians do or do not have the right of way, how Texas law handles pedestrian accidents, and what steps to take if you are involved in one. By understanding the laws governing pedestrian right of way, you can help protect yourself, whether you’re a driver or a pedestrian.
2. Texas Law: The Basics of Pedestrian Right of Way
In Texas, pedestrian right-of-way laws are governed by the Texas Transportation Code. The law specifies when pedestrians have the right of way and the duties of both pedestrians and drivers in various traffic situations.
According to Texas Transportation Code Section 552, pedestrians must obey traffic signals, just like drivers. However, the code also outlines several instances in which pedestrians do have the right of way, especially when they are in crosswalks or other designated areas.
3. Common Situations: When Pedestrians Have the Right of Way
Pedestrians generally have the right of way in specific situations. Here’s a breakdown of the most common ones:
Crosswalks and Intersections
When a pedestrian is in a marked or unmarked crosswalk at an intersection, Texas law requires drivers to yield. This is especially important at intersections where traffic signals or stop signs are present. Drivers must stop and allow pedestrians to cross before proceeding. Even at intersections without signals, pedestrians still have the right of way if they are in a crosswalk.
Pedestrians in crosswalks are protected by Texas Transportation Code Section 552.003, which mandates that vehicles stop and allow the pedestrian to pass safely. This protection applies whether the crosswalk is marked by painted lines or not.
Sidewalks and Driveways
Drivers entering or exiting driveways, parking lots, or alleys must yield to pedestrians on the sidewalk. The law treats sidewalks as safe zones where pedestrians have the right to pass without interruption from vehicular traffic.
School Zones and Bus Stops
In school zones, drivers must be particularly cautious. Pedestrians, especially children, have the right of way, and vehicles must stop when pedestrians are crossing the road. Additionally, drivers are required to stop when school buses are loading or unloading students, allowing children to cross the street safely.
4. When Pedestrians Do Not Have the Right of Way
While pedestrians are afforded significant protections under Texas law, there are situations where they do not have the right of way. In these cases, pedestrians can be held responsible for causing accidents.
Jaywalking
One of the most common scenarios where pedestrians do not have the right of way is jaywalking—crossing the street outside of a designated crosswalk or crossing against traffic lights. When a pedestrian crosses in the middle of the street or at an unmarked location, they do not have the legal right of way, and drivers are not required to yield. However, drivers still have a duty to avoid collisions, even with jaywalking pedestrians.
Crossing Against Traffic Lights
If a pedestrian crosses the street when the traffic light is red or “Do Not Walk” signal is illuminated, they are violating the law and do not have the right of way. In these cases, drivers are not required to stop for the pedestrian.
Highways and Other Restricted Areas
Pedestrians are generally prohibited from walking on highways and freeways in Texas. If a pedestrian is found walking in these areas, they are considered to be trespassing and do not have the right of way. Walking in such restricted zones is not only illegal but also extremely dangerous.
5. The Responsibilities of Drivers
Even though pedestrians do not always have the right of way, Texas law requires drivers to exercise caution to prevent accidents. This means that even if a pedestrian is jaywalking or crossing against a light, the driver must make every effort to avoid hitting them.
Texas Transportation Code Section 552.008 emphasizes the responsibility of drivers to exercise due care when they see a pedestrian on the road. This may include honking to warn the pedestrian or slowing down to prevent a collision. In any case, if a driver fails to take these precautions, they may still be found partially at fault for an accident.
6. Shared Responsibility: Comparative Fault in Texas
Texas operates under a comparative fault system, which means that more than one party can share responsibility for an accident. In pedestrian accidents, both the pedestrian and the driver can be found partially at fault. For example, if a pedestrian jaywalks and a speeding driver fails to stop in time, both could be assigned a percentage of fault.
If the pedestrian is found to be more than 50% at fault for the accident, they may be barred from recovering compensation for their injuries. However, if they are less than 50% at fault, they can still recover damages, although their award may be reduced by their percentage of fault.
7. How Right of Way Affects Personal Injury Claims
In personal injury claims, determining who had the right of way is crucial in establishing fault. Pedestrians who were crossing legally at a crosswalk or had the right of way under Texas law may have a strong case for recovering compensation if they were injured in an accident.
On the other hand, if the pedestrian was not following the law—such as by jaywalking or crossing against a signal—their ability to recover damages may be limited. In these cases, insurance companies and courts will consider the concept of comparative fault to determine how much compensation, if any, the pedestrian is entitled to.
8. What to Do After a Pedestrian Accident
If you are involved in a pedestrian accident, whether as the driver or the pedestrian, there are specific steps you should take:
- Seek Medical Attention: If you are injured, get medical help immediately. Even if you feel fine, some injuries may not be immediately apparent.
- Call the Police: A police report will be essential in determining fault and may be used as evidence in any subsequent claims or lawsuits.
- Document the Scene: Take pictures of the accident scene, any visible injuries, and damage to vehicles or property. Also, collect contact information from witnesses.
- Contact an Attorney: A personal injury attorney can help you understand your rights and guide you through the legal process. They will also help in negotiating with insurance companies to ensure you get the compensation you deserve.
9. Conclusion
While pedestrians are often afforded the right of way under Texas law, there are situations where they must yield to vehicles. Knowing when pedestrians have the right of way and when they don’t is essential for both walkers and drivers to avoid accidents. Drivers must always remain cautious, and pedestrians must be mindful of their responsibilities on the road.
If you or a loved one has been involved in a pedestrian accident, it’s important to seek legal help to ensure your rights are protected. The experienced personal injury attorneys at Ryan Orsatti Law can help you navigate the complexities of pedestrian accident cases, whether you’re seeking compensation for injuries or defending against a claim. Contact us today for a free consultation.
