Texas Pedestrian Laws: Right of Way Explained

Every day in Texas, thousands of pedestrians share the roads with vehicles, creating countless opportunities for confusion about who has the right to proceed. Whether you're walking to work in downtown Austin or crossing a neighborhood street, knowing Texas pedestrian laws could mean the difference between a safe journey and a devastating accident.

I'm Ashley Applewhite, an Austin pedestrian accident attorney who has represented injured pedestrians throughout their recovery process. The reality is that most people don't think about pedestrian laws until something goes wrong — but by then, it's often too late. Let me guide you through what every Texan needs to know about pedestrian rights and responsibilities.

Do Pedestrians Always Have the Right of Way in Texas?

Contrary to popular belief, pedestrians don't automatically have the right of way in every situation under Texas traffic laws. While drivers must yield to pedestrians in many circumstances, both parties share responsibilities for safety on our roads as outlined in the Texas Transportation Code Chapter 552.

Pedestrians have the right of way in these specific situations:

• Within marked crosswalks when traffic control signals indicate they may cross.
• At marked or unmarked crosswalk locations at intersections without traffic signals.
• On sidewalks when vehicles are exiting driveways or alleys.
• In pedestrian-only zones designated by the local authority.
• When already lawfully within a crosswalk, even if the signal changes.

However, pedestrians must also follow traffic signals and cannot suddenly leave a curb and walk into the path of a vehicle that cannot safely stop. This shared responsibility forms the foundation of pedestrian safety in Texas. Courts often consider whether pedestrians followed these rules when determining who was at fault, making compliance with traffic laws financially significant beyond just safety concerns.

Pedestrian Rights and Responsibilities at Crosswalks

Texas law distinguishes between different types of crosswalks, each with specific rules that regulate pedestrian traffic. Whether you're at a busy intersection with pedestrian signals or crossing at an unmarked crosswalk, knowing these distinctions matters.

At regulated crosswalks with traffic lights and pedestrian control signal devices, you must:

• Wait for proper signals: Stay on the curb until the walk signal appears.
• Complete your crossing: Continue through if already in the crosswalk when the signal changes.
• Respect "don't walk" signs: Remain on the sidewalk or safety island when facing a "Don't Walk" signal.
• Follow all posted signals: Obey pedestrian signals even if no vehicles appear to be coming.

At uncontrolled crosswalks without signals, different rules apply:

• Drivers must yield to pedestrians already in the crosswalk.
• Pedestrians should ensure that oncoming traffic has adequate time to stop.
• Both pedestrians and drivers share responsibility for preventing collisions.
• Pedestrians cannot suddenly enter the path of nearby vehicles.

These regulations exist to protect everyone sharing the road. Even when you have the legal right to cross, staying alert remains your best defense against negligent drivers.

Pedestrian Rights and Responsibilities on Sidewalks

Sidewalks provide designated safe spaces for pedestrian traffic, but specific rules still apply. Texas law generally gives pedestrians priority on sidewalks, though certain situations require extra caution.

When using sidewalks, pedestrians should be aware that vehicles crossing sidewalks to enter or exit driveways, alleys, or parking areas must yield to pedestrian traffic. However, pedestrians should still watch for vehicles, especially in areas with limited visibility. If no sidewalk exists, Texas law requires pedestrians to walk on the left side of the road or highway facing oncoming traffic, allowing them to see approaching vehicles and react accordingly.

Property owners and local regulations may also impose additional requirements for sidewalk use, particularly in business districts or near schools where pedestrian safety receives special attention.

What Are the Jaywalking Laws in Texas?

While Texas doesn't use the term "jaywalking" in its statutes, the state does prohibit pedestrians from crossing streets outside of designated crosswalks when those crosswalks are available at adjacent intersections. This means if you're between two intersections that both have crosswalks, you must use one of them rather than crossing mid-block.

Texas law specifically addresses several scenarios:

• Diagonal crossing: Prohibited unless authorized by traffic control signals.
• Mid-block crossing: Pedestrians must yield right of way to vehicles when crossing outside marked crosswalks.
• Walking on roadways: Generally prohibited where sidewalks are provided.
• Highway solicitation: Soliciting rides or business on highways is illegal.

The local authority may establish additional restrictions in specific areas, particularly in downtown districts or near schools where pedestrian accident rates historically run higher.

Driver Responsibilities Toward Pedestrians

While pedestrians must follow traffic laws, drivers bear significant responsibilities to ensure pedestrian safety. Texas law places numerous obligations on motorists to prevent accidents involving pedestrians.

Drivers must:

• Yield in crosswalks: Give right of way to pedestrians in crosswalks, whether marked or unmarked.
• Exercise due care: Take all reasonable steps to avoid colliding with any pedestrian.
• Provide warnings: Honk when necessary to alert pedestrians of danger.
• Show extra caution: Be especially careful around children or individuals who appear confused or incapacitated.
• Stop completely: Stop and remain stopped when pedestrians are in the half of the roadway the vehicle is traveling on.
• Never pass stopped vehicles: Avoid passing vehicles stopped at crosswalks to allow pedestrians to cross.

These requirements recognize that vehicles pose far greater danger to pedestrians than vice versa. Even when pedestrians violate traffic rules, drivers must still take reasonable steps to prevent accidents.

Safety Practices to Prevent Pedestrian Accidents

While Texas state laws provide a framework for pedestrian safety, your personal habits and choices play an equally important role in avoiding accidents. Even in situations where you have the legal right of way, taking proactive safety measures can mean the difference between reaching your destination safely and becoming another statistic.

Make Yourself Visible

Wear bright or reflective clothing, especially during dawn, dusk, or nighttime hours. Carry a flashlight when walking in areas without adequate street lighting. Position yourself where drivers expect to see pedestrians — at corners and in crosswalks rather than between parked cars.

Avoid Distractions While Walking

Put away your phone when crossing streets or navigating busy areas. Remove headphones or keep volume low enough to hear approaching vehicles. Save texts and calls for when you're safely on the sidewalk away from traffic.

Cross at Safe Locations

Use designated crosswalks whenever available, even if it means walking an extra distance. Look for gaps in traffic that provide ample time to cross safely. Make eye contact with drivers before stepping into their path to ensure they see you.

Follow Established Safety Rules

Obey all traffic signals and pedestrian signals without exception. Look left, right, and left again before crossing any street. Walk facing traffic when no sidewalk exists, staying as far from vehicles as possible.

What to Do When a Pedestrian Accident Occurs in TX?

Despite following all safety practices, accidents can still happen. Knowing how to respond protects both your health and your legal rights.

• Seek immediate medical attention: Even if injuries seem minor, get examined by medical professionals who can identify hidden trauma.
• Report the accident: Call 911 to ensure proper documentation and investigation by law enforcement.
• Gather evidence: Take photos of the scene, your injuries, and any property damage if you're able.
• Collect witness information: Get names and contact details from anyone who saw the accident.
• Avoid admitting fault: Stick to facts when speaking with police or insurance representatives.
• Document everything: Keep records of medical treatment, missed work, and accident-related expenses.
• Contact an attorney: Consult with a lawyer experienced in pedestrian accidents before accepting any settlement offers.

Quick action after an accident helps preserve critical evidence and strengthens your potential claim. Remember that Texas state laws include specific deadlines (2 years) for filing pedestrian injury claims, making immediately contacting an experienced pedestrian accident lawyer essential.

Protecting Your Rights After a Pedestrian Accident

Walking should never put your life at risk, yet pedestrian accidents remain all too common on Texas roads. The gap between what the law says and what actually happens on our streets can be overwhelming. Insurance companies know this and use it to their advantage to try to pay you as little as possible, or nothing at all.

At Applewhite Law Firm, I focus on protecting injured pedestrians and ensuring they receive fair compensation for their injuries. Contact my office today for your free consultation, and let's discuss how we can move forward with your case!