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.
Pedestrian Right-of-Way at Controlled Intersections and Crosswalks
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. Transportation Code Section 552.003.
Pedestrian Right-of-Way at Uncontrolled Crosswalks
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 approaching from the opposite direction 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.
Crossing at Locations Other Than Crosswalks
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.
Use of Sidewalks and Roadways
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 entering or exiting 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.
Driver Responsibilities Toward Pedestrians in Texas
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 person who is confused, incapacitated, or otherwise in danger on the roadway.
Local Ordinances and Pedestrian Regulations
Local authorities, such as those in Houston, Texas, have the power to enact ordinances that require pedestrians to strictly comply 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.
Safety Recommendations for Pedestrians
To enhance safety, pedestrians should:
- Always use sidewalks when available. If there is no sidewalk, walk on the left side of the road facing traffic.
- Cross streets at marked crosswalks and obey pedestrian signals.
- Remain vigilant and avoid distractions, such as using mobile devices, while crossing streets.
- Wear bright or reflective clothing to increase visibility, especially during low-light conditions.
- Make eye contact with drivers before crossing to ensure they are aware of your presence.
- Be extra cautious at yellow lights.
By following these laws and safety practices, both pedestrians and drivers can contribute to making Texas roads safer.
If You Have Questions about Pedestrian Right-of-Way Laws in Texas After an Injury Accident, Contact US!
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Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
(281) 587-1111
