Civil Justice Warriors

Do Pedestrians Always Have The Right Of Way in Texas?

Texas has clear laws regarding pedestrian right of way on state roads and highways. However, these laws do not prevent pedestrian accidents from happening. In fact, more than 5,000 pedestrian accidents occur each year in Texas.

Generally, pedestrians have the right of way in Texas. There are specific circumstances, explained in this article, where pedestrians must yield to vehicle traffic.

If you or a loved one suffered a pedestrian accident through no fault of your own, an experienced Dallas personal injury attorney may be able to help you recover compensation for medical expenses, pain and suffering, and more. Contact an attorney in your area for a thorough claim review.

Pedestrian Right Of Way Laws in Texas

Texas pedestrian right of way laws may be found in Texas Transportation Code §552.008. Texas code details situations in which vehicles must yield to pedestrians.

These include:

  • When a pedestrian is in a crosswalk and the crosswalk sign indicates a pedestrian may “WALK.”;
  • When a pedestrian is in a crosswalk and going in the direction of a green light;
  • When a vehicle is exiting a building, alley, or drive;
  • When a pedestrian is blind, seemingly incapacitated, or “obviously confused”; and
  • When a second vehicle approaches a yielding vehicle, the driver of the second vehicle must also yield.

Drivers must stop and give a pedestrian the right of way whether a crosswalk is marked or unmarked whenever a pedestrian has a green signal or WALK indicator. Pedestrians have the right of way at stop signs.

Above all, drivers must “exercise due care to avoid colliding with a pedestrian on a roadway.”

When Pedestrians Must Yield to Motor Vehicle Drivers

There are times when pedestrians must yield to motor vehicle drivers. Texas code notes these as when a pedestrian:

  • Approaches an intersection with a steady red or yellow signal;
  • Has a “WAIT” or “DON’T WALK” indicator at an intersection;
  • Crosses the street where a pedestrian tunnel or overhead crossing is available; and
  • Suddenly leaves a curb or another place of safety and proceeds into a crosswalk or path of a vehicle so closely that a driver cannot yield.

It is important to note that pedestrians may only cross diagonally when authorized to do so by a traffic control device. Also, pedestrians can only walk on the side of the road when no sidewalk is available.

Can I Recover Compensation for Injuries If I Was Partially Responsible for the Accident?

Even if a pedestrian did not have the right of way in Texas, they may still qualify for compensation for their accident-related injuries. Texas follows the modified comparative negligence system.

This system of negligence permits accident victims to recover for medical bills and damages so long as they are found less than 51% responsible for the accident.

Contact an Experienced Dallas Pedestrian Accident Attorney Today

To learn more about right of way laws in Texas and find out if you qualify for accident-related compensation, call Mathias Raphael PLLC Accident & Injury Lawyers. Our skilled Dallas pedestrian accident attorneys have more than a decade of experience fighting for injury victims and putting their best interests first.

At Mathias Raphael PLLC Accident & Injury Lawyers, there is no cost for your initial consultation, and we handle cases on a contingency fee basis. This means there are no fees for our services until we win compensation for you.

Schedule your complimentary consultation with an experienced Dallas personal injury lawyer today!