Crosswalks and intersections present some of the greatest dangers to pedestrians. While motorists are required to yield to pedestrians in crosswalks, accidents still frequently occur when drivers fail to yield the right-of-way. Understanding pedestrian right-of-way laws is crucial for advocating for pedestrian safety and determining fault when accidents occur. This article will explain Texas laws regarding pedestrian right-of-way and provide tips for safely navigating crosswalks and intersections as a pedestrian.
Right-of-Way Laws in Texas
In Texas, pedestrians have the legal right-of-way when crossing the street in a marked crosswalk or unmarked intersection. This means drivers are required to yield to pedestrians by stopping and allowing them to cross safely. Specific laws include:
Marked Crosswalks
- Vehicles must yield to pedestrians in marked crosswalks, whether the crosswalk is at an intersection or mid-block crossing. Drivers cannot pass vehicles that are stopped for pedestrians in crosswalks.
- Pedestrians must not suddenly leave a curb or another place of safety and walk or run into the path of a vehicle so close that it is impossible for the driver to yield.
- Pedestrians cannot unnecessarily stop or delay traffic while in a crosswalk.
Unmarked Intersections
- At intersections where there are no marked crosswalks, pedestrians still have the right-of-way when crossing. Vehicles turning left or right must give way to pedestrians.
- Pedestrians must yield to vehicles when crossing outside of intersections without crosswalks.
- Pedestrians crossing at unmarked intersections must yield to drivers when vehicles are so close that it is impossible for the driver to yield.
Other Right-of-Way Laws
- Drivers must exercise due care to avoid colliding with pedestrians, even if they are crossing outside of a crosswalk.
- Pedestrians must obey pedestrian control signals at intersections.
- Blind or hearing impaired pedestrians carrying a white cane or accompanied by a guide dog have right-of-way on the street or highway. Drivers must take precautions to avoid injury to those pedestrians.
Penalties for Drivers
- Failing to yield the right-of-way to a pedestrian in a crosswalk is punishable by a fine up to $500 in Texas.
- If failure to yield causes an accident resulting in injury or death, the driver faces a traffic violation and criminal charges like reckless driving or negligent homicide.
Contributory Negligence
- Texas follows contributory negligence rules, meaning a pedestrian’s own negligence can potentially reduce compensation in injury claims. Pedestrians must exercise reasonable care when crossing streets and intersections.
Safely Crossing at Intersections
While the law clearly gives pedestrians the right-of-way in crosswalks, defensive techniques can help prevent collisions with inattentive drivers. Follow these tips when crossing intersections:
Make Eye Contact
- Before stepping into the crosswalk, make eye contact with drivers to ensure they see you and are stopped. Don’t assume drivers are paying attention.
Cross in Designated Areas
- Use marked crosswalks or unmarked intersection corners. Avoid crossing mid-block, even if legal. Drivers don’t expect pedestrians to be crossing there.
Look Before Crossing
- Look left, right, and left again before beginning to cross. Check for turning vehicles in all directions.
Be Visible
- Wear brightly colored clothes in the daytime. At nighttime, wear hi-vis clothing or use a flashlight.
Watch for Turn Signals
- Don’t begin crossing if an approaching vehicle has a turn signal on. They may be turning into your path.
Use Traffic Signals
- Obey Walk signals at intersections. Don’t begin crossing on a Don’t Walk signal.
Avoid Distractions
- Don’t use your phone or listen to music while crossing. Stay alert to your surroundings.
Be Predictable
- Cross in a straight, direct path. Don’t dart out suddenly. Driver’s expect pedestrians to cross straight.
Watch Speed
- Don’t run or rush while crossing. Move at a steady, normal walking pace.
Make Your Intentions Clear
- Make eye contact with waiting drivers and extend your arm in a stopping motion if needed. This helps communicate your intention to cross.
Keep Children Close
- Hold children’s hands firmly when crossing and keep them directly next to you. Don’t let them run ahead.
Be Cautious at Night
- At night, only cross intersections with street lighting. Wear reflective clothing or lights to stand out.
Avoid Road Hazards
- Watch for hazards like potholes, debris, or water that could cause slips or falls in the crosswalk.
Handling Right-of-Way Violations
Even when pedestrians follow safety precautions, drivers sometimes fail to yield the right-of-way. If you are hit by a vehicle in a crosswalk, here are steps to take:
Seek Medical Attention
- Immediately call 911 and get medical assistance if you are injured. Don’t delay care, even for minor injuries.
Document the Scene
- Take photos of the intersection showing the point of impact. Get witness names and contact info.
Get Driver’s Information
- Ask to see the driver’s license and insurance card and take a photo. Note the license plate.
File a Police Report
- When officers arrive, provide details of what occurred and request they document it. Get a copy of the report.
Contact an Attorney
- To protect your rights, consult a personal injury attorney as soon as possible. They can conduct an investigation, preserve evidence, establish fault, and pursue compensation for your injuries and damages.
Seek Medical Records
- Request copies of all medical records related to your injuries. These help verify treatment costs and impacts.
Document the Recovery Process
- Keep detailed records of how the accident affects your life during recovery. Note lost wages, transportation costs, home assistance, pain levels, and medication needs.
Photograph Injuries
- Take dated photos over the course of treatment to document visible injuries like cuts, bruises, and casts.
Save Related Receipts
- Keep receipts for any accident-related costs like prescriptions, medical equipment, taxis, etc. Don’t throw out any potential proof of expenses.
Protect Your Rights After an Accident
Being hit as a pedestrian can cause life-altering injuries like brain and spinal cord trauma, broken bones, and disability. Don’t assume the at-fault driver’s insurance company will fairly cover your losses. Contact Karns & Karns Personal Injury and Accident Attorneys for dedicated representation from a pedestrian injury attorney Texas on 800-4THE-WIN (800-484-3946). Our pedestrian injury lawyer Texas will provide a free consultation on recovering the compensation you deserve. We are committed to protecting the rights of injured pedestrians in Texas.
