Bicycle & PedestrianDo Pedestrians Always Have the Right-of-Way in Texas?

June 28, 2023by kelleyfirm0

Texas law requires motorists to use all reasonable measures to avoid collisions with pedestrians. However, this does not mean that pedestrians always have the right of way. In fact, there are several instances in which pedestrians must yield to oncoming traffic on Texas roadways.

Texas pedestrian laws require you to yield to vehicles in the following situations: 

  • When coming upon an intersection with pedestrian signals or other traffic control devices in operation that are displaying yellow or red lights or “do not walk/wait” signals
  • When attempting to cross or actually crossing a street or roadway outside of a marked or unmarked crosswalk at an intersection
  • When crossing a roadway where designated pedestrian crossings, such as pedestrian tunnels or bridges, are present and available
  • When suddenly leaving a curb, sidewalk, or similar place of safety and entering a roadway when oncoming vehicles cannot reasonably stop or yield

That being said, Texas motorists must always yield to pedestrians who are crossing in marked or unmarked crosswalks at intersections. Additionally, motorists should use extreme caution when driving near pedestrians who appear obviously impaired, confused, disorientated, lost, or intoxicated.

Pedestrians, meanwhile, should always use marked and unmarked crosswalks, as well as sidewalks when they are present and available. If there is no sidewalk, and a pedestrian must walk along a roadway, they should do so as far to the side of the road or on the shoulder as possible, facing oncoming traffic. Pedestrians are also prohibited from “jaywalking” in Texas. Jaywalking refers to crossing a roadway outside of a marked or unmarked crosswalk between two adjacent intersections where marked or unmarked crosswalks are present, and traffic control devices are in operation.

If a pedestrian is found to have violated state or municipal law, they may be found partly at fault for the accident. It’s important that you work with a skilled Dallas pedestrian accident lawyer, like ours at Kelley Law Firm, who can help protect your rights and fight for the maximum compensation you are owed.

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