Does a Car or Pedestrian Have the Right-of-Way in Texas?

Key Takeaways

• Pedestrians have right-of-way in marked and unmarked crosswalks at intersections, and drivers must yield to them in these situations.
• Drivers must yield when turning at intersections, crossing sidewalks, or exiting driveways and alleys, even if no crosswalk is present.
• Pedestrians must yield to vehicles when crossing outside designated crosswalks, jaywalking, or crossing against traffic signals.
• Texas follows modified comparative negligence under the 51% rule, meaning injured pedestrians can recover damages only if they are 50% or less at fault.
• Both drivers and pedestrians have a “duty to avoid” collisions, meaning they must take reasonable steps to prevent accidents regardless of who technically has right-of-way.
• Pedestrian fatalities in Texas are rising, with 845 pedestrian deaths in 2022, making it critical to understand right-of-way rules.
• An experienced attorney can help determine fault and pursue compensation after a pedestrian accident, especially when liability is disputed.

It’s commonly believed that pedestrians always have the right-of-way in every situation. The reality is that this is not the case. In Texas, there are specific circumstances where drivers have the right-of-way over pedestrians, and understanding these rules can help prevent accidents and clarify liability when collisions occur.

Whether you’re a driver or a pedestrian, knowing when you have the right-of-way can protect you from harm and legal consequences. This guide explains Texas pedestrian laws, right-of-way rules, and what to do if you’re involved in a pedestrian accident.

When Pedestrians Have the Right-of-Way in Texas

Under Texas law, pedestrians have the right-of-way in several situations. Understanding these rules helps drivers know when they must yield and helps pedestrians know when they can safely cross.

At Marked and Unmarked Crosswalks: Pedestrians have the right-of-way in both marked and unmarked crosswalks at intersections. An unmarked crosswalk exists at any intersection where sidewalks meet, even if there are no painted lines. Drivers approaching these crosswalks must yield to pedestrians who are crossing or about to enter the crosswalk.

When Drivers Are Turning: Vehicles turning at an intersection must yield to pedestrians in the crosswalk. This applies whether the driver is turning right or left. The pedestrian’s right-of-way continues even if the driver has a green light.

At Sidewalk Crossings: Drivers must yield to pedestrians when crossing a sidewalk to enter or exit a driveway, alley, or parking lot. The pedestrian using the sidewalk has the right-of-way over vehicles entering or leaving private property.

With Pedestrian Signals: When a “Walk” signal is displayed at a controlled intersection, pedestrians have the right-of-way to cross in the direction indicated by the signal.

When Drivers Have the Right-of-Way Over Pedestrians

There are specific situations where Texas law gives drivers the right-of-way, and pedestrians must yield to vehicle traffic.

Crossing Outside Crosswalks: When a pedestrian crosses a roadway at any point other than a marked or unmarked crosswalk, they must yield the right-of-way to all vehicles. This includes crossing mid-block or at locations away from intersections.

Against Traffic Signals: If a pedestrian crosses against a “Don’t Walk” or “Wait” signal, they must yield to vehicles. Drivers have the right-of-way when pedestrians cross against the signal.

On Roads Without Sidewalks: When walking along a roadway where sidewalks are not provided, pedestrians must walk on the left side of the road facing oncoming traffic. While this doesn’t explicitly give drivers the right-of-way, it places responsibility on pedestrians to watch for and avoid vehicles.

Between Adjacent Intersections: Texas law prohibits crossing between adjacent intersections where traffic control signals are in operation. Pedestrians who cross at these locations do not have the right-of-way.

Understanding Texas Jaywalking Laws

Jaywalking refers to crossing a street illegally or unsafely. In Texas, jaywalking typically involves crossing outside of a designated crosswalk or against traffic signals.

While jaywalking itself may result in a citation, it also affects liability in pedestrian accidents. If a pedestrian is jaywalking when struck by a vehicle, they may be found partially or entirely at fault for the collision. This can reduce or eliminate their ability to recover compensation for injuries.

However, even when a pedestrian is jaywalking, drivers still have a duty to exercise reasonable care to avoid hitting them. A driver who sees a jaywalking pedestrian and could have stopped but didn’t may still share fault for the accident.

The “Duty to Avoid” Rule in Texas

Both drivers and pedestrians in Texas have what’s known as a “duty to avoid” collisions. This means that even if you technically have the right-of-way, you’re still required to take reasonable steps to prevent an accident.

For Drivers: Even if a pedestrian is crossing illegally, drivers must use due care to avoid hitting them. If a driver sees a pedestrian in the roadway and has time to stop or swerve safely but fails to do so, they may be held liable for the collision.

For Pedestrians: Similarly, pedestrians cannot suddenly leave a curb or other safe place and walk into the path of a vehicle that’s so close it’s impossible for the driver to yield. Pedestrians must also exercise reasonable care for their own safety.

This duty to avoid rule means that having the legal right-of-way doesn’t automatically absolve you of all responsibility. Both parties must act reasonably to prevent accidents.

Common Locations for Pedestrian Accidents in Texas

Certain locations see higher rates of pedestrian accidents due to increased foot traffic, confusing traffic patterns, or poor infrastructure. Understanding these high-risk areas can help both drivers and pedestrians exercise extra caution.

Busy intersections in urban areas like San Antonio, Houston, Dallas, and Austin see frequent pedestrian collisions. Poor signal timing, distracted drivers, and high vehicle speeds contribute to these accidents.

Parking lots and shopping centers are common accident sites because drivers may not expect pedestrians and often back out of spaces without checking carefully.

Residential areas see pedestrian accidents when drivers fail to slow down in neighborhoods where children may be playing or people are walking to and from their homes.

Highway frontage roads and access roads can be particularly dangerous because vehicles travel at higher speeds and pedestrian crossings may not be clearly marked.

If you’ve been injured in a pedestrian accident at any of these locations, you may have grounds for a personal injury claim. The specific circumstances of your accident will determine who was at fault and what compensation you may be entitled to receive.

What to Do After a Pedestrian Accident

If you’re involved in a pedestrian accident, taking the right steps immediately afterward can protect your health and your legal rights.

1. Call 911 immediately. Even if injuries seem minor, you need medical attention and an official police report documenting the accident.
2. Stay at the scene if you’re able. Leaving the scene of an accident can result in criminal charges and complicate your ability to pursue compensation.
3. Gather evidence if possible. Take photos of the accident scene, your injuries, vehicle damage, traffic signals, crosswalks, and any other relevant details. Get contact information from witnesses.
4. Seek medical treatment right away, even if you don’t think you’re seriously hurt. Some injuries don’t show symptoms immediately, and delaying treatment can harm both your health and your claim.
5. Contact an attorney before speaking with insurance companies. Insurance adjusters often try to get recorded statements that can be used against you later. An attorney can handle communications and protect your interests.

Contact The Law Giant for a Free Consultation

If you or a loved one has been injured in a pedestrian accident, you don’t have to face the aftermath alone. Understanding right-of-way rules is important, but what matters most after an accident is protecting your health and your right to compensation.

The Law Giant, Personal Injury & Accident Lawyers offers free case consultations to discuss your accident, answer your questions, and explain your legal options. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Don’t let insurance companies take advantage of you or let time run out on your claim. Call (956) 982-1800 today to schedule your free consultation. We’re ready to fight for the justice and compensation you deserve.

Frequently Asked Questions

Do pedestrians always have the right-of-way in Texas?

No, pedestrians do not always have the right-of-way in Texas. Pedestrians have the right-of-way in marked and unmarked crosswalks at intersections and when drivers are crossing sidewalks. However, pedestrians must yield to vehicles when crossing outside designated crosswalks, jaywalking, or crossing against traffic signals.

What is the 51% rule in Texas?

The 51% rule refers to Texas’s modified comparative negligence law. An injured party can recover compensation only if they are 50% or less at fault for the accident. If you’re found 51% or more responsible, you cannot recover any damages. Your compensation is also reduced by your percentage of fault.