Texas Right of Way Laws

Texas right of way laws dictate who has the legal right to move first in different traffic scenarios. Drivers and pedestrians must yield as required by law to prevent accidents, maintain safety, and avoid penalties.

What is ‘Right of Way’?

In Texas, “right of way” refers to the legal authority that determines which driver or pedestrian has the priority to proceed in a given traffic situation. Right of way laws exist to regulate the flow of traffic, reduce confusion, and make sure that vehicles and pedestrians can safely navigate roadways and intersections.

For example, at intersections with stop signs or traffic signals, the right of way dictates who must wait and who is allowed to move. Drivers are required to yield to others when the law specifies, such as when turning left at an intersection or when pedestrians are crossing at designated crosswalks.

Right of Way at Intersections

Stop Sign Intersections

At stop sign intersections, the right of way follows a simple order. The driver who arrives at the stop sign first has the right of way and can proceed. If two vehicles arrive at the same time, the driver on the right moves first. In scenarios where three or more vehicles arrive simultaneously, the order of movement follows a clockwise pattern, starting with the driver on the farthest right.

If four drivers arrive at a four-way stop intersection at the same time, they may need to communicate through gestures (such as hand waves) or proceed with caution based on who appears to move first. It’s important to be patient and avoid assuming the right of way in these situations to prevent accidents.

In Texas, drivers must come to a complete stop at all stop signs and yield to pedestrians in the crosswalk before proceeding.

Traffic Light Intersections

At intersections controlled by traffic lights, the color of the light dictates who has the right of way. Drivers facing a green light can proceed straight or turn right, while those making left turns must yield to oncoming traffic unless a green arrow is shown.

When the light turns yellow, drivers should prepare to stop, unless it’s unsafe to do so. A red light requires drivers to come to a complete stop before proceeding when the light changes or when turning right (if permitted).

Special rules apply for flashing lights:

  • Flashing red lights: Treat these as a stop sign—come to a full stop, then proceed when safe.
  • Flashing yellow lights: Slow down, proceed with caution, and yield to pedestrians or other vehicles.

Uncontrolled Intersections

Uncontrolled intersections, which lack stop signs, traffic lights, or other signals, require extra caution. At uncontrolled intersections, drivers must yield to traffic approaching from the right. This rule is especially relevant in rural areas or small neighborhoods where signage may be limited. Pedestrians always have the right of way at any intersection, controlled or not, when crossing legally.

Drivers are required to approach these intersections slowly and scan for other vehicles and pedestrians. It can be difficult to predict who will move first without clear traffic controls.

Pedestrian Right of Way

In Texas, pedestrians have specific rights when crossing streets, and drivers must yield to prioritize their safety. At marked crosswalks, whether at intersections or mid-block, pedestrians always have the right of way. Drivers are required to stop and allow pedestrians to cross, even if there are no traffic signals or stop signs.

At intersections with traffic signals, pedestrians must cross only when the “walk” signal is illuminated. Even when the signal indicates it’s safe to walk, pedestrians should still exercise caution, as drivers may fail to yield, particularly during right turns on red lights. Pedestrians should avoid entering the crosswalk when the “don’t walk” signal is flashing or lit.

In unmarked crosswalks, typically found at intersections without specific pedestrian markings, pedestrians still have the right of way. Drivers must yield and allow them to cross safely.

However, pedestrians are also required to exercise responsibility. They should avoid crossing streets diagonally or outside of designated crosswalks (commonly known as jaywalking). Crossing against a signal or outside of a crosswalk can result in citations and can also lead to dangerous situations where drivers do not expect pedestrians.

Emergency Vehicles and Right of Way

When emergency vehicles, such as ambulances, fire trucks, or police cars, are approaching with sirens or flashing lights, Texas law requires all other drivers to yield the right of way immediately. Drivers must pull over to the right side of the road and stop until the emergency vehicle has passed. If it’s impossible to pull over, such as in heavy traffic or on a one-way street, drivers should stop and remain in place to allow the emergency vehicle to navigate around them.

If you are at an intersection, do not enter the intersection when an emergency vehicle is approaching. Whether you are facing a green light or a stop sign, you must wait until the emergency vehicle passes before proceeding. Emergency vehicles always have the right of way, regardless of the traffic signals.

Drivers should also avoid following closely behind emergency vehicles. Texas law prohibits trailing within 500 feet of any emergency vehicle with active lights and sirens.

Not yielding to emergency vehicles can delay emergency responders and create dangerous situations on the road as well as lead to traffic citations and fines.

Right of Way for Different Types of Vehicles

Texas right of way laws apply not only to standard passenger vehicles but also to bicycles, motorcycles, and large commercial trucks. Each vehicle type comes with specific considerations for both yielding and being yielded to.

Bicycles

Bicycles are considered vehicles under Texas law, and cyclists have the same rights and responsibilities as drivers. This means that at intersections, cyclists must obey traffic signals and signs just like cars. However, drivers of larger vehicles should exercise extra caution when approaching or passing cyclists, particularly at intersections or when making turns. Cyclists are more vulnerable in collisions, so it’s important for drivers to allow them the appropriate space and always yield when required.

Motorcycles

Motorcycles follow the same right of way laws as cars but are often less visible on the road. Drivers should always check for motorcycles at intersections, particularly when turning left or changing lanes. Motorcycles are legally entitled to the entire lane, and drivers must yield appropriately to avoid collisions.

Commercial Trucks

Commercial trucks, such as semis and delivery vehicles, require additional space to maneuver as a result of their size and slower stopping times. At intersections, drivers should avoid cutting off large trucks or pulling in front of them abruptly. Trucks may also need more time and space to make turns, so yielding is necessary to prevent accidents. If a truck is turning at an intersection, especially a right turn, give it plenty of room to complete the maneuver.

School Buses

In Texas, drivers must always yield to school buses when their red lights are flashing and the stop sign is extended. This applies to all directions of traffic, except for the opposite side of a divided highway. Failure to stop for a school bus can lead to severe penalties, including hefty fines and points on your driving record.

Common Misconceptions About Right of Way

Despite clear laws, many drivers misunderstand how right of way works, which can lead to accidents. Here are some common misconceptions that can create confusion on the road:

1. “Whoever is in the biggest vehicle has the right of way.” Right of way is determined by traffic laws, not the size of the vehicle. Whether driving a large truck or a small car, everyone must follow the same rules. Large vehicles may need extra space and time to maneuver, but they don’t automatically have the right to proceed first.

2. “If I’m already moving, I don’t have to yield. Many drivers assume that if they’re already in motion, especially at an intersection or when merging, they don’t have to yield. However, right of way rules apply at all times, and being in motion doesn’t give you the right to ignore yield signs or traffic signals.

3. “I always have the right of way in parking lots.” A common misconception is that drivers have the right of way in parking lots, particularly if they are driving in the “main lanes” of the lot. However, this is not always the case. Pedestrians and vehicles leaving parking spots often have the right of way, and drivers should be prepared to yield, especially in areas with heavy foot traffic or limited visibility.

4. “Pedestrians only have the right of way in marked crosswalks.” Pedestrians have the right of way at both marked and unmarked crosswalks. Drivers must yield to pedestrians at any intersection, even if the crosswalk isn’t painted. This misconception can put pedestrians in danger, especially in areas without marked crossings.

5. “I can follow an emergency vehicle through traffic.” Some drivers believe they can take advantage of an emergency vehicle’s path through traffic. Texas law specifically prohibits this, and following too closely behind an emergency vehicle can lead to fines and traffic violations.

6. “At four-way stops, I can just wave someone through.” While it’s common courtesy to gesture another driver through at a four-way stop, this can cause confusion and accidents if not done carefully. The law dictates who has the right of way, and while gestures can help, drivers should follow the legal order established.

Importance of Yielding in Ambiguous Situations

In situations where the law seems unclear or signage is absent, it’s important to prioritize safety by yielding when unsure. For example, in parking lots, rural areas, or unfamiliar intersections, yielding to other drivers and pedestrians can help avoid potential accidents. The safest approach in these scenarios is to let others proceed first, reducing the risk of collisions. Choosing to yield, even when the rules aren’t clear, protects you and others from harm while minimizing the chance of legal complications.

General Principles of Right of Way

Yielding the right of way requires both knowledge of traffic laws and the ability to make smart decisions in real-time. Here are some practical tips to help you understand how to yield properly:

1. Prioritize Pedestrian Safety: Pedestrians always have the right of way at marked and unmarked crosswalks. Be prepared to stop whenever approaching an intersection or crosswalk, and remain vigilant for people stepping into the roadway, even when you might not expect them.

2. Stay Alert and Anticipate: Proper yielding requires awareness of the entire road, not merely adherence to the letter of the law. Stay mindful of vehicles, cyclists, and pedestrians, especially in complex or ambiguous situations. When uncertain, it’s safer to yield than to proceed and risk a collision.

3. Don’t Assume Others Will Follow the Rules: Even if you technically have the right of way, other drivers might not follow the rules. Be cautious in busy areas, during rush hour, or when visibility is low. Choosing to yield in certain situations, even when not required by law, can prevent dangerous accidents.

4. Use Caution at Unfamiliar or Uncontrolled Intersections: Approach intersections without traffic controls or unfamiliar roads with extra care. Always reduce speed and be prepared to yield to other vehicles or pedestrians. In these scenarios, yielding helps prevent confusion and minimizes the risk of accidents.

5. Defensive Driving Saves Lives: Defensive driving means being prepared to yield even when you have the legal right of way. If another driver appears distracted, aggressive, or speeding, it’s often safer to let them pass. Staying cautious and anticipating potential hazards, defensive driving reduces the likelihood of accidents.

Summary of Key Right of Way Laws in Texas

  • At stop signs, drivers must proceed in the order of arrival, yielding to the vehicle on the right if multiple arrive at the same time.
  • Pedestrians have the right of way at all crosswalks, marked or unmarked.
  • When making left turns, drivers must yield to oncoming traffic as well as pedestrians.
  • In the absence of traffic signs or signals, drivers should yield to vehicles approaching from the right.
  • Drivers must stop for school buses with flashing red lights and extended stop signs.
  • Emergency vehicles with lights or sirens always have the right of way; drivers must pull over and stop to allow them to pass.
  • Commercial trucks need additional space for turns and stops, so drivers should yield and avoid cutting them off.

Loewy Law Firm is Here to Help

If you’ve been involved in an accident or dispute where right of way was a factor, attorney guidance and representation may be needed. The experienced attorneys at Loewy Law Firm can help you manage your case and fight for the compensation you deserve. Contact us today at (512) 280-0800 or online for a free consultation.

Additional Reading:

https://statutes.capitol.texas.gov/docs/tn/htm/tn.545.htm
https://statutes.capitol.texas.gov/docs/tn/htm/tn.552.htm