Do Pedestrians Have The Right Of Way In Texas?

Pedestrian accidents can lead to life-altering injuries, medical bills, and a complex legal battle over who was at fault. While many people believe pedestrians always have the right of way, the truth under Texas law is more nuanced. Understanding when pedestrians legally have the right of way—and when they don’t—can help injury victims protect their rights and strengthen their personal injury claims.

Call Allbee Law Firm at (972) 848-4848 to speak with a pedestrian accident lawyer who understands Texas right-of-way laws and knows how to fight for your compensation.

Understanding Pedestrian Right-of-Way Laws In Texas

What Does “Right Of Way” Mean Legally?

“Right of way” refers to the legal right to proceed first in traffic situations. It establishes who must yield when paths cross—especially at intersections, crosswalks, and other shared road spaces. In pedestrian-related incidents, right-of-way laws determine when a driver must stop or slow down to allow someone on foot to safely cross the street.

Failing to yield the right of way can result in citations, civil liability, and even criminal penalties if the accident results in serious injuries or fatalities.

How Texas Law Defines Pedestrian Rights In Crosswalks And Intersections

Under Texas law, pedestrians have the right of way in several specific scenarios. These include:

When crossing at a marked crosswalk
When using an unmarked crosswalk at an intersection
When traffic signals indicate a “walk” phase

At the same time, pedestrians must follow signals and avoid entering the roadway when it is unsafe to do so. If the pedestrian and driver made errors, shared fault in accidents may affect the outcome of any injury claim, especially under Texas’s comparative negligence rules.

Do Pedestrians Always Have The Right Of Way?

Exceptions To The Rule

The idea that pedestrians always have the right is widespread, but it’s not always true. There are legal exceptions when pedestrians do not have the right of way, such as:

Ignoring a “Don’t Walk” traffic signal
Walking into the street suddenly and unpredictably
Entering highways or areas where pedestrian access is restricted

In these cases, a pedestrian’s failure to follow the law could limit their ability to recover damages, especially if their actions contributed significantly to the accident.

Common Situations Where Pedestrians Must Yield

Texas law requires pedestrians to yield:

When crossing outside of a marked crosswalk in the middle of a block
If they attempt to cross where signs prohibit pedestrian crossings
When vehicles are lawfully proceeding through a green light

However, even in these scenarios, drivers can still be held accountable for negligent actions, especially if they were distracted, speeding, or failed to act with reasonable care.

When Drivers Must Yield To Pedestrians

Stopping At Marked And Unmarked Crosswalks

Drivers must yield the right-of-way. To ensure safety, motorists must give way to pedestrians who are crossing in marked crosswalks, regardless of whether a traffic signal is present. This duty also applies to unmarked crosswalks at intersections where there are no signals or stop signs.

In these areas, Texas law places the burden on drivers to watch for pedestrians and stop as necessary to avoid a collision.

Responsibilities At Traffic Signals And Stop Signs

At intersections with lights or signs, a driver must yield to a pedestrian who is:

Crossing on a green light or “walk” signal
Already in the crosswalk when the signal changes
Following the rules of the road as a pedestrian

Failure to yield at traffic-controlled intersections is a leading cause of accidents at intersections, and those responsible may be held liable in court or through an insurance claim if pedestrian deaths occur due to negligence.

High-Risk Locations For Pedestrian Accidents In Texas

Urban Crosswalks, Parking Lots, And Driveways

Pedestrian accidents are especially common in urban areas with heavy foot traffic and a high volume of vehicles. Crosswalks near schools, retail centers, and office buildings see frequent pedestrian crossings—and unfortunately, frequent collisions.

Parking Lots and Driveways

Suburban and rural roads are often overlooked as dangerous zones, but they’re hotspots for pedestrian injuries, particularly when motorists fail to take necessary precautions. Drivers backing out of parking spaces or turning into alleys often fail to see pedestrians until it’s too late. If you were injured in one of these collisions in parking areas, it’s crucial to document the scene and consult a personal injury attorney immediately.

Suburban And Rural Roads Without Sidewalks

The absence of sidewalks or marked crosswalks on suburban and rural roads creates additional risks. Drivers may not expect pedestrians to be walking along these roads, especially at night or in poorly lit areas. These conditions increase the odds of a vehicle striking a pedestrian, often with devastating consequences.

Drivers in these areas may not anticipate encountering pedestrians, which increases the risk of vehicle-pedestrian collisions—especially at night or in low-visibility conditions. These environments contribute significantly to the number of serious or fatal pedestrian accidents in Texas each year.

What Happens If A Pedestrian Is Jaywalking?

Legal Consequences and Impact On Liability

Jaywalking—crossing the street outside of a marked or unmarked crosswalk—is against the law in Texas. While this doesn’t automatically mean the pedestrian is at fault for an accident, it complicates the legal landscape.

If a pedestrian is jaywalking and gets hit by a car, they may still pursue a personal injury claim. However, any compensation they’re awarded can be reduced if their actions are found to have contributed to the accident. Texas applies a modified comparative negligence rule, which means that if pedestrians are more than 50% at fault, they will be barred from compensation.

Can You Still File a Claim If You Were Jaywalking?

Yes, pedestrian accident claims can still be filed even if you were jaywalking, as long as the driver is partially at fault. For instance, if the driver was speeding, distracted, or intoxicated, they might bear a larger share of the responsibility.

In these situations, it’s important to have a legal team that understands how to analyze liability and argue for a fair settlement. Allbee Law Firm can help navigate these complexities and protect your rights, even when the facts aren’t in your favor.

Common Injuries From Pedestrian Accidents

Medical Consequences of Being Hit By A Car

When a pedestrian is hit by a motor vehicle, the injuries are often catastrophic. The lack of protection means even low-speed impacts can result in:

Serious brain trauma, including concussions or permanent cognitive impairments
Spinal injuries, such as herniated discs, fractures, or paralysis
Severe burn injuries from contact with engine components or being dragged

These injuries may require extensive medical treatment, multiple surgeries, and months—or years—of physical therapy.

How Injuries Affect Compensation and Recovery

The severity of your injuries plays a significant role in determining what kind of compensation you’re entitled to. You may be eligible to recover money for:

Emergency room and hospital bills
Ongoing medical care and rehabilitation
Lost wages and future loss of earning capacity
Pain and suffering or emotional trauma

Because these damages can be extensive, working with a legal team that can accurately calculate your losses and fight to maximize your compensation is critical.

Proving Liability In A Pedestrian Accident Case

What Evidence Can Help Your Case?

Establishing who is at fault is essential for a successful personal injury claim. Pedestrian accident cases often hinge on the quality and availability of evidence, which should be collected as soon as possible.

Key types of evidence include:

Photos or video footage of the accident scene
Statements from eyewitnesses
A detailed police report documenting the collision
Medical records showing the extent of your injuries
Skid marks or debris that indicate vehicle movement and impact point

The sooner this information is gathered, the easier it becomes to build a solid case and demonstrate that the driver failed to yield the right-of-way as required.

The Role Of Traffic Cameras, Eyewitnesses, And Police Reports

Traffic and surveillance cameras can be pivotal in proving who was at fault, particularly at intersections or near commercial buildings. These videos can show:

Whether the driver ran a red light or a stop sign
The pedestrian’s position in the crosswalk
Vehicle speed and response time before the impact

Eyewitness accounts and police reports also carry significant weight. The officer’s observations, citations, and fault determination may influence settlement negotiations and trial outcomes.

How Comparative Negligence Affects Compensation

Can You Recover Compensation If You Were Partially at Fault?

Yes—Texas law allows injured pedestrians to receive compensation as long as they were not more than 50% responsible for the accident. This system, known as modified comparative negligence, reduces your compensation in proportion to your share of fault.

For example:

If you’re awarded $100,000 but found 25% at fault, you would receive $75,000
If you’re found 51% or more at fault, you would be ineligible for any compensation

Working with a legal team skilled in presenting strong evidence that accurately reflects each party’s responsibility is essential.

How Insurance Companies Use This Rule to Reduce Payouts

Insurance adjusters often try to increase the pedestrian’s percentage of fault to lower the payout. They may argue that:

You were distracted or not paying attention
You crossed outside a designated area
You ignored traffic signals or warnings

To protect your rights and ensure you can file a personal injury claim with the best chance of success, speak to an attorney before giving a recorded statement or signing any documents.

Steps To Take After a Pedestrian Accident

Get Medical Help, Call the Police, Document The Scene

Immediately after being hit by a car, take the following steps if you’re physically able:

Call 911 to report the accident and get medical help
Document the scene with photos of injuries, crosswalks, and vehicles
Gather witness contact information
Request a copy of the police report

Even if you feel okay, get a full medical evaluation. Some injuries, such as internal bleeding or concussions, may not show symptoms right away.

Talk To A Pedestrian Accident Attorney Before The Insurance Company

Insurance companies may contact you quickly, hoping you’ll accept a low offer or admit fault. Before responding:

Consult with a pedestrian accident attorney
Avoid giving a recorded statement
Don’t accept or negotiate a settlement on your own

If you’re unsure about what steps to take after being hit, speaking with an experienced pedestrian accident lawyer can provide the clarity you need. And if you’re worried about legal fees, rest assured—we offer legal help without upfront costs through our contingency fee model.

How Allbee Law Firm Helps Pedestrian Accident Victims

We Build Strong Cases And Deal With Insurance Companies

At Allbee Law Firm, we take care of the details so you can focus on recovery. Our legal team will:

Investigate the accident and gather critical evidence
Work with medical experts to understand your injuries
Handle all communication with the insurance company
Pursue full compensation through settlement or trial

You only pay if we win. It’s that simple.

Why Experience Matters In Proving Pedestrian Right-Of-Way Violations

Navigating pedestrian right-of-way laws in Texas takes knowledge, strategy, and courtroom experience. We know how to challenge unfair assumptions about pedestrian fault and present evidence that shows the driver’s negligence.

If you’re looking for an experienced legal team to stand up for your rights, Allbee Law Firm is here to help every step of the way.

Get Help From Allbee Law Firm Today

Contact Allbee Law Firm today if you or a loved one has been injured in a pedestrian accident. We offer a free case evaluation and will help you understand your legal rights and options. Call us at (972) 848-4848 or fill out our contact form to get started. Don’t navigate the legal process alone—let us help you get the justice and compensation you deserve.

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CONTACT INFO

Address

5787 S. Hampton Rd.

Ste. 445

Dallas TX 75232

Phone

(972) 848-4848

Hours

Calls are answered 24/7

Office hours are 8 am – 5 pm

Monday – Friday

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One West Hills Building

(Near Hampton Road and Marvin

D. Love Freeway / U.S. Highway 67)