Do Pedestrians Have the Right of Way in Texas?

Do Pedestrians Have the Right of Way in Texas?

Most licensed drivers have heard about pedestrians having the right of way. But is this true 100% of the time? What if a pedestrian jaywalks and the driver doesn’t have enough time to stop? Is the driver still liable for the pedestrian’s injuries and other damages?

We’ve all heard something to the effect of, “Pedestrians always have the right of way,” but then again, state laws vary and in some countries, drivers have the right of way! To help you better understand Texas’ pedestrian right of way laws, we are dedicating this article to the topic. If you have questions about a pedestrian accident case, please give us a call.

Texas’ Pedestrian Right of Way Laws

According to the Texas Department of Transportation (TxDOT), when there is a sidewalk, pedestrians should use it! This is because most pedestrian accidents occur when someone is walking in the road as opposed to in a crosswalk.

When a pedestrian is abiding by the law and walking in a crosswalk, drivers must yield the right of way to pedestrians. Pedestrians are supposed to cross at intersections and crosswalks only because if they cross in the middle of the road, they are putting their lives at stake. “What if the road does not have a sidewalk?” In that case, pedestrians are supposed to walk on the left side of the road where they are facing traffic.

What About Jaywalking?

It’s no secret that pedestrians are in the habit of jaywalking. They are supposed to cross in crosswalks only, but all too often they don’t want to walk that far to get where they’re going. If a pedestrian crosses someplace else other than a marked crosswalk or pedestrian tunnel and they’re hit by a car while jaywalking, the driver may NOT be liable. If the driver is not found liable, the driver’s auto insurance may not cover the pedestrian’s injuries.

We hope this clears up any questions that you had about Texas’ pedestrian right of way laws. If you were injured while walking through a marked crosswalk, contact our firm to meet with a Plano car accident lawyer.

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