Do Pedestrians Have the Right of Way in Texas?

Many people ask, “Do pedestrians have the right of way in Texas?” The answer is yes, but only in certain situations. When obeying traffic signals, pedestrians have the right of way at marked or unmarked crosswalks. However, they must yield to vehicles when crossing outside of crosswalks or disobeying signals.

As a personal injury law firm serving Austin, TX, we help clients involved in pedestrian accidents. Below, we explain key pedestrian laws, recent updates, and ways to stay safe.

Understanding Pedestrian Right of Way in Texas

Texas law protects pedestrians under specific circumstances. Drivers are required to yield to pedestrians in marked or unmarked crosswalks at intersections. According to the Texas Transportation Code §552.002, drivers must stop when pedestrians are crossing on a “Walk” signal or at intersections without traffic signals if the pedestrian is in their half of the road. These protections are designed to prevent accidents and clarify when drivers must give the right of way.

Still, the law does not grant unlimited rights to pedestrians. Crossing outside of crosswalks or against traffic signals can shift responsibility in an accident. Understanding these nuances is crucial, especially in high-traffic areas like downtown Austin.

Do Pedestrians Always Have the Right of Way in Texas?

No, pedestrians do not always have the right of way in Texas. While state laws prioritize pedestrian safety in marked crosswalks and intersections, there are exceptions. Pedestrians must yield to vehicles when crossing roads outside of a crosswalk or when traffic signals indicate “Do Not Walk.”

For instance, if someone crosses Guadalupe Street in Austin outside of a crosswalk, they are legally required to yield to oncoming traffic. Pedestrians who violate these laws may share fault in an accident under Texas’ comparative negligence rule.

What Responsibilities Do Drivers Have Regarding Pedestrians?

Drivers in Texas are legally obligated to prioritize pedestrian safety by taking specific precautions, including:

• Yielding at crosswalks, even when turning left or right.
• Stopping for pedestrians when entering or exiting driveways and alleys.
• Never pass another vehicle that has stopped for a pedestrian crossing the road.

According to the City of Austin’s pedestrian safety guide, drivers must remain vigilant, especially in areas with heavy foot traffic. These measures aim to prevent injuries and protect pedestrians’ rights. Failing to follow these laws not only increases the risk of accidents but can also lead to significant legal and financial consequences for negligent drivers.

What Is the New Law in Texas About Crosswalks?

In recent years, Texas lawmakers have implemented stricter pedestrian safety measures. The updated law requires drivers to yield to pedestrians at ALL marked crosswalks, regardless of whether there are traffic signals, as long as the pedestrian has started crossing.

This law, outlined in the Texas Transportation Code §552.002, closes gaps in previous legislation and ensures greater clarity in pedestrian protection. Violations of this rule now carry harsher penalties to emphasize safety and prevent accidents. Drivers are encouraged to remain cautious and always anticipate pedestrian activity at crosswalks to comply with the law and reduce risks.

How Pedestrians Can Stay Safe and Avoid Accidents in Austin

Pedestrians can minimize risks by following safety practices:

• Cross at designated crosswalks: Avoid jaywalking and use marked crossings, especially on busy streets like South Congress Avenue or Lamar Boulevard.
• Follow traffic signals: Never cross during a “Do Not Walk” sign.
• Stay visible: Wear bright clothing, particularly at night or in low-light conditions.
• Avoid distractions: Keep phones and headphones aside while crossing streets.

By following these steps, pedestrians can significantly reduce their chances of accidents in Austin’s bustling streets.

FAQs About Pedestrian Right of Way in Texas

Do pedestrians always have the right of way in Texas?

No. Pedestrians have the right of way only in crosswalks or intersections when following traffic signals. Outside of these conditions, they must yield to vehicles.

What is the new law in Texas about crosswalks?

The updated law clarifies that drivers must yield to pedestrians at all marked crosswalks, even if there are no traffic signals.

Do jaywalkers have the right of way in Texas?

No. Jaywalking is illegal in Texas. Pedestrians who cross streets outside of crosswalks or against signals do not have the right of way.

Who has the right of way in Texas?

It depends on the situation. Pedestrians generally have the right of way at crosswalks and intersections, but drivers have the right of way when pedestrians cross outside of those areas.

Contact Our Austin Pedestrian Accident Lawyers for a Free Consultation

Injured in a pedestrian accident in Austin? TK Injury Lawyers can help you understand your rights and pursue the compensation you deserve. Call (512) 910-2000 or schedule a free consultation today to speak with an experienced pedestrian accident attorney.