Pedestrian accidents can cause devastating injuries. If a vehicle strikes a pedestrian in Texas, one of the first legal questions that may arise is who had the right of way. The answer is not always as simple as it seems.
Texas law assigns responsibilities to both drivers and pedestrians. The rules can change depending on where the pedestrian was crossing and what traffic signals were in place at the time. These details can have a major impact on a personal injury claim.
If you have been hit by a vehicle while walking, determining which laws apply to your situation can be an important step toward understanding your legal rights.
What Are the Crosswalk Laws in Texas?
Chapter 552 of the Texas Transportation Code contains many of the state’s rules for pedestrians.
Under Section 552.003, a driver must stop and yield to a pedestrian crossing in a crosswalk when no traffic control signal is in place or operating if the pedestrian is on the driver’s half of the roadway. The same rule applies when the pedestrian is approaching closely enough from the other half of the road to be in danger.
A driver approaching from behind another vehicle that has stopped at a crosswalk to allow a pedestrian to cross also may not pass the stopped vehicle.
What Happens When a Pedestrian Signal Is Present?
When a pedestrian control signal is present, Section 552.002 applies.
A pedestrian facing a “Walk” signal may cross the roadway in the direction of the signal, and drivers must stop and yield. A pedestrian may not begin crossing when facing a “Don’t Walk” or “Wait” signal.
If the signal changes after a pedestrian has already started crossing during a “Walk” signal, the pedestrian should continue to a sidewalk or safety island.
Texas law also addresses regular traffic lights. A pedestrian facing a green signal may generally cross within a marked or unmarked crosswalk unless the only green signal is a turn arrow.
What Duties Do Pedestrians Have at Texas Crosswalks?
Having the right of way does not remove every responsibility from a pedestrian. Section 552.003 states that a pedestrian may not suddenly leave a curb or other place of safety and enter a crosswalk in the path of a vehicle that is too close for the driver to stop and yield.
Texas law also states that pedestrians should proceed on the right half of a crosswalk when possible.
These rules can become important after an accident because investigators, insurers, and attorneys may examine the actions of both the pedestrian and the driver when determining responsibility.
What Are the Rules for Crossing Outside of a Crosswalk?
Pedestrians do not always cross at marked or unmarked crosswalks, and Texas law addresses these situations. Under Section 552.005, a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to vehicles on the highway.
Other rules include:
- Between adjacent intersections with operating traffic control signals, pedestrians may cross only in a marked crosswalk
- Pedestrians may cross an intersection diagonally only when a traffic control device permits it
- When a pedestrian tunnel or overhead crossing is available, a pedestrian who crosses the roadway instead must yield to vehicles
Crossing outside a crosswalk does not automatically prevent an injured pedestrian from pursuing a claim. However, the pedestrian’s actions may affect how responsibility is divided.
What Duty of Care Do Texas Drivers Owe Pedestrians?
Even when a pedestrian does not have the right of way, drivers still have legal responsibilities.
Section 552.008 requires drivers to exercise due care to avoid hitting pedestrians on a roadway. Drivers must also sound their horns when necessary and use proper precautions when they see a child or an obviously confused or incapacitated person on the roadway.
This duty can be important in a negligence claim. A pedestrian’s failure to follow a right-of-way rule does not automatically excuse careless conduct by a driver. The actions of both parties may need to be considered when determining responsibility.
Can a Pedestrian Be Partly at Fault for an Accident?
Yes. Texas uses a proportionate responsibility system. Under Section 33.001 of the Texas Civil Practice and Remedies Code, an injured person cannot recover damages if their percentage of responsibility is greater than 50%.
If the pedestrian is 50% or less responsible, compensation may still be available, but the amount of recoverable damages is reduced according to the person’s percentage of responsibility.
For example, if a pedestrian is found 20% responsible for an accident, the damages that person can recover would generally be reduced by 20%. This makes evidence of how the collision happened especially important.
How Can Right-of-Way Evidence Affect a Pedestrian Accident Claim?
Texas crosswalk laws can play an important role in determining liability. Evidence may help show where the pedestrian was walking, which signals were operating, and whether the driver had enough time to stop.
Relevant evidence may include:
- Traffic or surveillance camera footage
- Photographs of the accident scene
- Witness statements
- Vehicle damage
- Police reports
- Traffic signal information
This evidence can help determine whether the pedestrian followed applicable crossing rules and whether the driver met their duty of care. The facts of the accident ultimately determine how Texas right-of-way laws may affect a claim.
Contact the Dallas Pedestrian Accident Attorneys at Benton Accident & Injury Lawyers for Help Today
Pedestrian accident cases in Texas often depend on details such as where the pedestrian was crossing, which traffic signals were present, and whether the driver exercised reasonable care. Evidence from the accident can help determine how these rules apply.
Benton Accident & Injury Lawyers has recovered millions of dollars for injured clients. Our team can investigate the circumstances of a pedestrian accident, evaluate evidence of fault, and explain how Texas law may affect your claim.
Contact us today at (214) 556-8321 to schedule a free consultation with a Dallas pedestrian accident attorney and discuss your legal options.
