Do Pedestrians Have the Right of Way in Texas?
It’s easy to assume that pedestrians always have the right-of-way regardless of where they cross the street, but Texas law is actually much more nuanced. Pedestrians do have protections, but their rights depend entirely on where they are crossing and what the traffic signals indicate at that moment. Texas Transportation Code Chapter 552, which comes into play in pedestrian accident cases, outlines the specific rules that determine who is required to yield in any given situation.
Pedestrian Right-of-Way Scenarios (When the Vehicle MUST Yield)
Drivers are required to stop and let people cross the street in several specific circumstances defined by state statutes.
Crosswalks with Traffic Control Signals
When a traffic signal is present, the lights dictate the rules. Texas Transportation Code § 552.002 states that a pedestrian facing a “Walk” signal may proceed across the roadway. Drivers have to stop and yield the right-of-way to the person crossing.
The situation changes if the signal changes while you are in the middle of the street. If a pedestrian has partially crossed the roadway when the “Don’t Walk” or “Wait” signal begins to flash or becomes steady, they should proceed to the nearest sidewalk or safety island. They are still protected during this time, and drivers are required to allow them to finish crossing.
Crosswalks WITHOUT Traffic Control Signals
Intersections without special pedestrian signals rely on different rules found in Texas Transportation Code § 552.003.
- Marked Crosswalks: Drivers have to stop and yield to a pedestrian crossing the roadway within a marked crosswalk if the person is on the half of the road the vehicle is traveling on. They also need to stop and yield if the pedestrian is approaching so closely from the opposite half of the roadway that they are in danger.
- Unmarked Crosswalks: An unmarked crosswalk is the portion of the roadway at an intersection that connects the lateral lines of the sidewalks on opposite sides of the street. Even without painted lines, these are legal crosswalks where drivers are required to yield.
Turning Vehicles at Intersections
Drivers turning at an intersection have to give the right of way to any pedestrian who has already entered a marked or unmarked crosswalk, and crashes in this setting usually come from a driver watching for gaps in traffic instead of checking the crossing first.
Exiting/Entering Driveways and Alleys
Pedestrians on sidewalks have priority over vehicles entering or leaving private property. Texas Transportation Code § 552.006 requires the operator of a vehicle emerging from or entering an alley, building, or private driveway to stop and yield the right-of-way to a pedestrian approaching on a sidewalk that extends across that entrance.
Parking Lots and Private Property
Parking lots create steady foot traffic between vehicles, and drivers are required to watch for people walking behind parked cars or across travel lanes. Even though the right-of-way rules in Chapter 552 apply to roadways, the expectation in a lot stays the same: a driver checks the area before reversing or turning through a lane, and a failure to do so is a common cause of injuries. Note that although civil liability applies, police generally cannot enforce Chapter 552 right-of-way rules on private property.
High-Speed Roads Without Crosswalks
Pedestrians who walk near high-speed roads face added danger because vehicles move with limited time to react, and any attempt to cross outside a marked or unmarked crosswalk can place a large share of responsibility on the person on foot. A driver can still be held accountable for speeding or looking away from the road, but the case will likely consider whether the pedestrian stepped into a live lane at a point where drivers had no realistic chance to slow down.
Special Circumstances
Certain situations impose stricter requirements on drivers regardless of traffic signals.
- Visually Impaired Persons: Drivers are always required to exercise full caution and stop if a pedestrian is using a white cane or is guided by a service animal.
- Lisa Torry Smith Act: A 2021 update to the law strengthened protections for crosswalk users. It requires drivers to come to a complete stop—not just a rolling yield—for pedestrians and cyclists lawfully in a crosswalk. Failure to stop can result in criminal penalties if the driver causes bodily injury.
Pedestrian Yielding Scenarios (When the Pedestrian MUST Yield)
The law imposes duties on walkers as well, and failing to follow them can lead to a greater share of responsibility for the pedestrian.
Crossing Outside a Crosswalk
Crossing the street at a point other than a marked or unmarked crosswalk is commonly referred to as jaywalking. Texas Transportation Code § 552.005 states that a pedestrian crossing a roadway at any point other than a crosswalk has to yield the right-of-way to a vehicle on the highway.
A strict prohibition applies between adjacent intersections that both have traffic control signals. In specific zones like this, pedestrians may cross only in a marked crosswalk.
Darting into Traffic
Even if a crosswalk exists, a pedestrian cannot act unpredictably. The law states that a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle that is so close that it is impossible for the vehicle operator to yield.
Availability of Sidewalks
Texas Transportation Code § 552.006 dictates where people should walk.
- Sidewalks: If a sidewalk is provided and accessible, a pedestrian may not walk along and on the roadway.
- No Sidewalks: If no sidewalk is provided, a pedestrian walking along a highway has to walk on the left side of the roadway or the shoulder, facing oncoming traffic. This allows the pedestrian to see approaching vehicles and react if necessary.
Driver’s General Duty of Care
A driver can still be held responsible for a car accident even if the pedestrian was technically in the wrong. Texas Transportation Code § 552.008 imposes a general duty of care on all vehicle operators. Drivers are required to exercise due care to avoid colliding with a pedestrian on any roadway.
The statute also requires drivers to give a warning by sounding their horn when necessary. Additionally, drivers are prohibited from passing another vehicle that has stopped at a crosswalk to permit a pedestrian to cross, as the passing driver may not see the person in the road.
How Right-of-Way Affects Injury Claims
Right-of-way rules in Texas give structure to a pedestrian case because they show who had priority in the moments leading up to the impact. A driver who enters a crosswalk that already has a pedestrian moving through it becomes the primary focus of the investigation, while a pedestrian who crosses outside a marked or unmarked crosswalk takes on a larger share of responsibility. Each side’s actions get compared against the rule that applied at that point in the road, and that comparison drives how fault is assigned.
Evidence That Shows Who Had the Right of Way
Right-of-way disputes depend on what the scene reveals, and the clearest picture comes from the signals, the layout of the crossing, as well as any video that captured the moments before impact. Signal data can show whether a walk light was active, and footage from nearby businesses or dashcams shows where each person was standing or moving as the vehicle approached. Photos from the scene can fill in details about lane lines, crosswalk markings, and the position of the vehicles, which helps explain how the collision unfolded.
Legal and Financial Implications
Determining who had the right-of-way is the primary factor in establishing fault after an accident.
Determining Fault
Liability for a pedestrian accident usually comes down to who had the statutory right-of-way at the moment of impact. Police reports, witness statements, and camera footage can be used to piece together whether the driver failed to yield or if the pedestrian crossed illegally.
Role of Comparative Fault
Texas follows a “modified comparative negligence” rule with a 51% bar. A pedestrian can recover compensation for their injuries only if they were 50% or less at fault for the accident. If a jury finds that the pedestrian was 51% or more responsible—perhaps because they darted into traffic mid-block at night—they are barred from recovering any money from the driver.
Penalties for Violations
Drivers who fail to yield can face fines and court costs. The penalties increase significantly if the violation results in serious bodily injury to a visually impaired or disabled person, or if the driver is charged under the provisions of the Lisa Torry Smith Act.
Conclusion and Safety Tips
The right-of-way in Texas is situational rather than absolute. It shifts between the driver and the pedestrian based on the presence of crosswalks, the status of traffic signals, and the location of the crossing.
Practical Safety Advice:
- Drivers: Always stop completely at crosswalks and look for pedestrians before turning. Be prepared to yield even if the person is crossing where they shouldn’t be.
- Pedestrians: Make eye contact with drivers before stepping off the curb to confirm they see you. Always use the sidewalk when one is available and cross at intersections whenever possible.
Pedestrian accidents can result in severe injuries and complex legal battles. If you or a loved one has been injured, contact Loewy Law Firm and let us evaluate the specific facts of your case and help you determine the best path forward. Call us at (512) 280-0800 for a free consultation.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.