Is Jaywalking Legal in Texas?
You may have heard people use the word “jaywalking” to describe crossing the street outside of a designated crosswalk. While most people are familiar with the term, many do not realize that Texas does not actually have a law called “jaywalking.” Instead, the state regulates how and where pedestrians can cross the road through the Texas Transportation Code.
Learning about these rules matters beyond just avoiding a ticket. If you are injured by a vehicle while crossing the street in a pedestrian accident, the specifics of where you were walking could directly affect your ability to recover financial compensation. Below, we break down what the law says and what it means for your rights as a pedestrian.
How Does Texas Regulate Pedestrian Crossings?
Texas Transportation Code Section 552.005 sets the standard for pedestrian behavior when crossing a road outside of a crosswalk. Under this law, a pedestrian who crosses at a location other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles on the road.
Texas law also places additional restrictions on pedestrian crossings under Transportation Code §§ 552.005 and 552.006, including:
- If traffic control signals are in operation at adjacent intersections, pedestrians may only cross between those intersections using a marked crosswalk.
- A pedestrian may not cross an intersection diagonally unless a traffic control device specifically allows it.
Violating these rules is classified as a misdemeanor. Fines typically range from $1 to $200, depending on the circumstances. On top of state law, many Texas cities have the authority to pass their own local pedestrian ordinances that may impose further requirements.
Can I Still Recover Compensation if I Was Jaywalking When Injured?
This is where the law gets particularly important for personal injury purposes. Many people assume that if they were crossing outside of a crosswalk when a car hit them, they have no legal options. That is not necessarily true.
Texas follows what is known as modified comparative negligence. This means your compensation is reduced by your percentage of fault in the accident. However, you are only barred from recovering damages entirely if you are found to be 51% or more responsible for what happened.
So even if you were technically violating Section 552.005 at the time of the accident, you may still have a valid claim. That is because Texas Transportation Code Section 552.008 requires drivers to exercise due care to avoid hitting pedestrians at all times.
What Kinds of Damages Could I Be Entitled to?
If you were injured by a vehicle while crossing the street, even outside of a crosswalk, you may be able to pursue both economic and non-economic damages.
Economic damages cover your measurable financial losses, such as:
- Hospital bills and ongoing medical treatment costs
- Lost income from missed time at work
- Out-of-pocket expenses tied to your recovery
Non-economic damages address the personal toll the injury has taken on your life, such as pain and suffering and loss of quality of life. In limited cases involving gross negligence or other qualifying misconduct, exemplary damages may also be available.
Contact the Dallas Pedestrian Accident Attorneys at Benton Accident & Injury Lawyers for Help Today
Insurance companies may try to use jaywalking as a reason to blame you for an accident. However, crossing outside a designated crosswalk does not automatically prevent you from recovering compensation. The driver’s actions and the circumstances of the collision also matter.
At Benton Accident & Injury Lawyers, our Dallas pedestrian accident lawyers can investigate your accident, evaluate the evidence, and help determine how Texas’s comparative negligence laws may affect your claim. We can also help you pursue compensation for medical bills, lost wages, pain and suffering, and other qualifying losses.
Contact us today to schedule a free consultation and learn more about your legal options.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861