Thousands of pedestrian accidents are reported across Texas every year. In 2024, there was an average of 16.6 pedestrian-involved accidents on Texas roads and intersections every day.
Many of these car-and-pedestrian accidents are entirely avoidable, but happen because someone is negligent. Often, these accidents stem from ignorance or violation of Texas pedestrian laws.
Pedestrian laws in Texas are designed to protect the most vulnerable road users from foreseeable harm. They instruct on how pedestrians and vehicles can share the road safely, how they should interact at intersections, and when one has the right of way over the other.
When drivers or pedestrians themselves aren’t familiar with the rules that govern pedestrian travel, serious accidents, injuries, and deaths can occur.
Here, our experienced Georgetown pedestrian accident attorneys break down the most important rules and regulations to know.
When Does the Pedestrian Have the Right of Way?
Generally speaking, pedestrians have the right of way more often than not. However, it depends on (a) where the pedestrian is attempting to cross the road and (b) the type of crosswalk they’re using.
Pedestrians are encouraged to cross the road at crosswalks. Crosswalks are designated spots on the road, typically (but not always) at an intersection, where pedestrians can safely cross from one side of a street to the other without fear of getting hit by oncoming traffic.
The following types of crosswalks are located in Texas: marked, unmarked, controlled, and uncontrolled.
- Marked crosswalks are marked by paint. The painted lines designate a certain area in which pedestrians can cross the road.
- Unmarked crosswalks don’t have specific painted designations. Instead, these are implied crossings at intersections.
The rules for crossing marked and unmarked crosswalks are the same. Marked crosswalks simply make it easier for pedestrians and motorists to identify and be aware of potential crossing areas.
- Controlled crosswalks are often found at busy intersections controlled by traffic signals. Pedestrians are expected to cross controlled crosswalks only when the light facing them is green. Sometimes these traffic lights incorporate pedestrian-specific signals, too. Pedestrians must obey these pedestrian lights and only cross when presented with a “walk” signal.
- Uncontrolled crosswalks can be found at intersections that aren’t controlled by traffic lights. They might be present at intersections with two-way or four-way stops, or at intersections without any control devices. Pedestrians have to exercise more caution when crossing on an uncontrolled crosswalk, especially if it’s also unmarked.
In Texas, pedestrians have the right of way when they (a) have a traffic signal telling them it’s safe to cross a controlled crosswalk (b) can enter an uncontrolled crosswalk at an intersection without impeding the path of an oncoming vehicle. If a vehicle is approaching, pedestrians can’t just jump out in front of them to cross the road. The vehicle must have time to stop safely.
If a driver fails to yield in these scenarios and causes a collision, consulting a pedestrian accident lawyer can help you understand your legal options.
When Do Cars Have the Right of Way?
There are two main situations when motorists have the right of way over pedestrians in Texas.
The first occurs at intersections with controlled crosswalks. Pedestrians are required to comply with pedestrian signals. When a pedestrian is presented with a “don’t walk” signal, motorists have the right of way. If a pedestrian crosses against a “don’t walk” sign or red traffic light and is hit by a car, the motorist may not be liable for the crash.
It would depend on the specific circumstances of the case and whether the driver was in any way negligent (e.g., speeding, distracted by their phone).
The second occurs when a pedestrian attempts to cross the road at any point other than a marked crosswalk or intersection. When a pedestrian crosses in the middle of a street block, they have an obligation to yield the right of way to oncoming traffic. In these scenarios, drivers have the right of way.
In any case, a knowledgeable pedestrian accident attorney will examine traffic logs and physical evidence to establish liability.
What Is Considered Jaywalking?
Jaywalking occurs when a pedestrian crosses the street outside of a designated or implied crosswalk. If you’re walking down the street and decide to cross halfway down the block and there’s no crosswalk, that’s jaywalking.
Pedestrians can also be considered jaywalkers if they cross a controlled intersection illegally. For example, crossing against a “no walking” sign is considered jaywalking.
Jaywalking isn’t always illegal, and it’s not always unsafe. However, it does significantly increase the chances of getting hit by a car, especially if a driver is distracted, fatigued, or having difficulty seeing because of subpar weather conditions.
If you get hit by a car while jaywalking, it can potentially affect your ability to recover compensation from the driver.
The issue of liability and shared fault is something that’s evaluated on a case-by-case basis. In cases involving jaywalking, negligent motorists and insurance companies are sure to lean on those arguments heavily to avoid liability.
Having a skilled Georgetown pedestrian accident lawyer on your side ensures your rights are protected against unfair blame.
What Happens If There Aren’t Any Sidewalks?
Pedestrians are expected to use sidewalks whenever they’re available. However, there are times when certain roads don’t have sidewalks, sidewalks are under construction, or they’re simply not safe to travel.
In these situations, Texas law says that pedestrians are permitted to walk in the roadway facing oncoming traffic. Motorists approaching you should be able to see your face, not your back.
Steps to Take After a Pedestrian Accident in Texas
If you’re struck by a car as a pedestrian in Texas, it’s important to:
- Call 911 and report the accident immediately
- Document the scene of the accident by taking pictures of sidewalks, traffic signals, crosswalks, intersections, visual or physical obstructions, tire tracks, and anything else that might help to support a claim for damages
- Get the names of eyewitnesses to the crash
- Seek medical attention immediately
- Refuse to provide a recorded statement to the at-fault driver’s insurance company or answer questions without consulting an accident attorney first
- Call an experienced pedestrian accident lawyer for help
Dow Law Firm is available to take your call 24 hours a day, 7 days a week. We’re top-rated Texas trial attorneys with decades of combined experience fighting for the injured. Our pedestrian accident lawyers help clients recover millions of dollars in settlements and jury awards every year.
Your first consultation is free, so contact a pedestrian accident attorney in Georgetown, or one that serves in our other locations, at (512) 240-9951 for help today.