The assumption that pedestrians always have the right of way is a misconception in Texas. Pedestrian right-of-way laws in Texas explain when pedestrians have the right of way. They also show when pedestrians must yield to cars. A comprehensive understanding of these regulations is essential for drivers and pedestrians to ensure safety and legal compliance.
Texas law requires pedestrians to adhere to the designated signals at intersections equipped with traffic control signals. When a “Walk” signal is on, pedestrians can cross the road in that direction. Drivers must yield to them. Conversely, when a “Don’t Walk” or “Wait” signal is illuminated, pedestrians are prohibited from entering the roadway. If a pedestrian starts crossing when the “Walk” signal is on, they should continue to the other side. If the signal changes to “Don’t Walk” or “Wait,” they should go to a sidewalk or safety island. See Tex.Transp. Code Section 552.003.
In places without traffic signals, drivers must give the right of way to pedestrians in crosswalks. This applies when the pedestrian is on the same side of the road as the vehicle. It also applies if the pedestrian is coming from the other side and is close enough to be in danger. However, pedestrians should not suddenly leave a curb or safe area. They should not step into the path of a vehicle that is too close for the driver to yield safely. Drivers coming up behind a vehicle that has stopped at a crosswalk for a pedestrian cannot pass that vehicle.
Pedestrians intending to cross a roadway anywhere other than within a marked or unmarked crosswalk at an intersection must yield the right of way to all vehicles. Pedestrians can only cross in marked crosswalks between adjacent intersections equipped with traffic control signals. Diagonal crossing at intersections is only allowed if authorized by traffic control devices.
When sidewalks are available and easy to use, pedestrians must walk on them. They cannot walk on the road. If there are no sidewalks, pedestrians should walk on the left side of the road. They should face oncoming traffic unless it is blocked or unsafe. Drivers coming out of or going into an alley, building, private road, or driveway must stop. They must give the right of way to pedestrians who are near a sidewalk that crosses these entrances.
Regardless of the specific right-of-way rules, drivers must exercise due care to avoid colliding with pedestrians. This includes giving warnings by sounding the horn when necessary and taking proper precautions upon observing any child or confused or incapacitated person on the roadway.
Local authorities like Houston in Texas have the power to enact ordinances that require pedestrians to comply strictly with official traffic control signals and can prohibit pedestrians from crossing roadways in business districts or designated highways except in crosswalks. Therefore, pedestrians must be aware of and adhere to local regulations and state laws.
To enhance safety, pedestrians should:
By following these laws and safety practices, both pedestrians and drivers can help make Texas roads safer.
Our Houston pedestrian accident lawyer offers free consultations on injury cases.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
(281) 587-1111
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