Do Pedestrians Have the Right of Way in Texas?

In Texas, pedestrians do not always have the right of way. Under Texas Transportation Code Chapter 552, pedestrians have the right of way in marked crosswalks, unmarked crosswalks at intersections, and when following pedestrian control signals. Outside these situations, pedestrians must yield to vehicles. Both drivers and pedestrians share responsibility for preventing accidents.

Do Pedestrians Always Have the Right of Way in Texas?

No. Pedestrians in Texas have the right of way only in specific situations defined by Texas Transportation Code Chapter 552. Outside those situations, pedestrians must yield to vehicles, and a failure to do so can affect both fault and the value of an injury claim.

When Do Pedestrians Have the Right of Way in Texas?

Pedestrians have the right of way in Texas in five specific situations under Chapter 552 of the Transportation Code. Drivers must yield in each of these scenarios, and a failure to do so creates fault for any resulting crash.

The five situations where pedestrians have the right of way:

• Marked crosswalks: §552.003 requires drivers to yield to any pedestrian in a painted or signed crosswalk, including at intersections and mid-block crossings.
• Unmarked crosswalks at intersections: an unmarked crosswalk is the legal extension of the sidewalk across the street at any intersection, and drivers must yield to pedestrians using it as if it were painted.
• A Walk signal at a controlled intersection: when the pedestrian signal shows Walk or a steady walking person symbol, pedestrians have the right of way to cross and finish crossing.
• A flashing Don’t Walk signal if already in the crosswalk: pedestrians who entered the crosswalk on a Walk signal keep the right of way until they reach the other side, even if the signal changes to flashing Don’t Walk.
• Sidewalks: §552.006 gives pedestrians the right of way over vehicles entering or exiting driveways, alleys, and parking lots that cross the sidewalk.

Drivers cannot wave a pedestrian into a crosswalk and then claim surprise when a crash follows. The right of way is set by the code, not by gestures between drivers and pedestrians.

When Must Pedestrians Yield to Vehicles in Texas?

Pedestrians must yield to vehicles in three situations under Chapter 552. A pedestrian who fails to yield in any of these can be assigned partial or full fault for a crash, even if they suffered serious injuries.

House Bill 1277, effective September 1, 2023, removed criminal penalties for jaywalking at the state level in Texas, but it did not change the right of way rules. A pedestrian who jaywalks can still be assigned fault for a crash, even though they cannot be ticketed under state law in most situations. 

What Rights Do Pedestrians Have at Crosswalks in Texas?

Pedestrians at crosswalks in Texas have the right of way over all approaching vehicles when no traffic signal controls the intersection, and over turning vehicles even when a signal is present. Texas Transportation Code §552.003 sets this rule at marked crosswalks, and §552.001 extends the same protection to unmarked crosswalks at any intersection.

The crosswalk protection covers two distinct scenarios. At an uncontrolled intersection with no signal or stop sign, drivers must yield to any pedestrian already in the crosswalk or close enough to be in immediate danger. At a controlled intersection with a green light, a driver turning right or left must still yield to pedestrians legally crossing on a Walk signal.

A crosswalk does not exist only where paint is on the asphalt. Every intersection in Texas has an unmarked crosswalk at the legal extension of each sidewalk across the road, and drivers are required to treat it as if it were painted.

What Rights Do Pedestrians Have at Intersections Without Signals?

At an intersection without traffic signals in Texas, pedestrians have the right of way to cross in the unmarked crosswalk, and drivers must yield to anyone already crossing or close enough to be in danger. The absence of a signal shifts the duty to the driver to watch for people on foot.

Three rules govern who proceeds at an uncontrolled intersection:

• The pedestrian in the crosswalk has the right of way: the driver must yield to anyone already crossing or close enough to be in immediate danger, marked crosswalk or not.
• The pedestrian cannot dart into traffic: you cannot step off the curb directly in front of a vehicle that has no time to stop, even with the right of way.
• The first to enter generally proceeds: when two crossings face each other, the pedestrian who entered the crosswalk first holds the right of way until clear.

The driver’s duty to yield and the pedestrian’s duty of reasonable care exist at the same time. Fault after a crash depends on which duty was breached first.

Do Pedestrians Have to Use Sidewalks in Texas?

Yes, pedestrians in Texas must use a sidewalk when one is available and may not walk in the roadway alongside it. Texas Transportation Code §552.006 requires pedestrians to use an adjacent sidewalk and reserves roadway walking for situations where no sidewalk exists.

When there is no sidewalk, you must walk on the left shoulder facing oncoming traffic, so you can see and react to approaching vehicles. A pedestrian who walks with traffic, or in the roadway when a sidewalk was available, can be assigned fault for a crash.

The full rules on where pedestrians should walk if there are no sidewalks cover the shoulder and roadway requirements in Texas.

What Are Driver Responsibilities Toward Pedestrians in Texas?

Drivers in Texas have five core responsibilities toward pedestrians under Chapter 552, and a breach of any one can establish negligence after a crash. These duties apply whether or not the pedestrian had the right of way.

The five driver responsibilities toward pedestrians:

• Yield to pedestrians in any crosswalk: §552.003 requires drivers to stop and yield to pedestrians in marked and unmarked crosswalks, not merely slow down.
• Yield when turning at a signal: a driver turning right or left on a green light must yield to pedestrians legally crossing with a Walk signal.
• Exercise due care to avoid hitting any pedestrian: §552.008 requires every driver to exercise due care, sound the horn when needed, and avoid hitting any pedestrian regardless of right of way.
• Take extra care with children and incapacitated pedestrians: §552.008 imposes a heightened duty when a driver sees a child or an obviously confused or disabled person on the roadway.
• Never pass a vehicle stopped for a pedestrian: when a vehicle is stopped at a crosswalk to let a pedestrian cross, drivers behind cannot overtake and pass it.

The number of pedestrian accident deaths in Texas keeps these duties under constant legal scrutiny. A driver who breaches any of them after striking a pedestrian faces a strong negligence claim, even when the pedestrian was partly at fault.

What Rights Do Blind Pedestrians Have in Texas?

Blind pedestrians in Texas have an absolute right of way under Texas Transportation Code §552.010 whenever they are using a white cane or guided by an assistance animal. Drivers must come to a complete stop and yield, regardless of crosswalks, signals, or location.

The protection is stricter than the general pedestrian right of way. A driver who fails to stop for a blind pedestrian using a white cane or service animal can face penalties beyond ordinary negligence, and the violation weighs heavily in any injury claim. The white cane and the assistance animal are legal signals the driver must recognize and respond to.

What Is Contributory Negligence in a Texas Pedestrian Accident?

Contributory negligence in a Texas pedestrian accident means a pedestrian who was partly at fault has their compensation reduced by their share of the blame. Texas follows a modified comparative fault rule, so you can still recover damages as long as you were 50% or less responsible for the crash.

If a jury finds you 30% at fault for stepping outside a crosswalk, your compensation drops by 30%. If your share crosses 51%, you recover nothing. This is why insurers push hard to pin fault on the injured pedestrian, even in cases where the driver clearly failed to yield.

A pedestrian’s traffic violation does not automatically bar a claim. Jaywalking, crossing against a signal, or walking outside a crosswalk are factors a jury weighs, not automatic defeats. We handle these claims under Texas personal injury laws, and the driver’s own conduct (speeding, distraction, failure to yield) often weighs more than the pedestrian’s violation.

What to Do If You Are Hit by a Car as a Pedestrian in Texas

If you are hit by a car as a pedestrian in Texas, get to safety and call 911 first, then start protecting your claim before the driver’s insurer starts building theirs. Pedestrian injuries are often more severe than they feel in the first minutes, and the evidence at the scene fades fast.

Take these steps after a pedestrian accident:

1. Call 911 and report injuries even if you feel fine: adrenaline masks pain, and a same-scene medical record ties your injuries to the crash. Ask for both police and EMS.
2. Get the driver’s information and stay at the scene: collect the driver’s name, license, insurance, and plate number, and do not let them talk you out of involving the police.
3. Photograph the scene from your crossing position: capture the crosswalk, signals, the vehicle’s position, and the point of impact from where you were walking.
4. Identify witnesses before they leave: anyone who saw whether you had a Walk signal or were in the crosswalk can confirm the right of way, and their memory fades within days.
5. Get a full medical evaluation the same day: pedestrian crashes cause internal injuries, fractures, and head trauma that may not show symptoms for hours, and a same-day exam protects both your health and your claim.
6. Decline to give the driver’s insurer a recorded statement: their adjuster will call within 48 hours and will press you on where you were walking, which can be used to assign you fault.

The actions you take in the first 72 hours after being hit by a car shape the strength of your claim. Texas also sets filing deadlines and documentation rules among the steps to take after a pedestrian accident in Texas, and missing them can bar a claim no matter how clear the fault. 

When to Contact a Texas Pedestrian Accident Lawyer

Call a Texas pedestrian accident lawyer before you speak with the driver’s insurer about where you were walking. Pedestrian claims rise or fall on right of way, and the insurer’s first move is to argue you stepped outside the crosswalk or against the signal.

A pedestrian crash is worth a same-week call if any of these describe your situation:

• You were hospitalized or needed surgery: pedestrian crashes cause fractures, head trauma, and internal injuries that drive high medical bills and long recoveries, which raise the value and complexity of the claim.
• The insurer is already blaming you for the crossing: if the adjuster claims you jaywalked or crossed against the signal, contributory negligence is in play and your compensation is at risk.
• The driver says they never saw you: failure to keep a proper lookout is a driver duty under §552.008, and an attorney can turn that admission into evidence of negligence.
• There is no police report or it omits the signal status: missing details about the Walk signal or crosswalk position weaken your right of way argument and need outside documentation now.
• The crash happened at a downtown Arlington intersection or another DFW crossing: Arlington personal injury claims often involve dense urban crossings and high pedestrian traffic, which produce frequent right of way disputes that benefit from local knowledge. 

Our personal injury lawyers handle pedestrian cases across Texas. Contact us for a free consultation. We’ll review the police report, the signals, and the witness accounts, and tell you straight whether you have a claim. There’s no fee unless we win your case.

Frequently Asked Questions

Do pedestrians always have the right of way at a green light?

No. A pedestrian has the right of way to cross only when the pedestrian signal shows Walk, not merely because cars have a green light. If you cross against a Don’t Walk signal while traffic has the green, you do not have the right of way and can be assigned fault for a resulting crash.

Is jaywalking illegal in Texas?

Not at the state level since September 1, 2023, when House Bill 1277 removed criminal penalties for jaywalking statewide. You cannot be ticketed for it under state law in most situations, but jaywalking can still make you partly at fault for a crash and reduce your compensation, because crossing outside a crosswalk means you did not have the right of way.

Who is at fault if a pedestrian is hit outside a crosswalk in Texas?

It depends on both parties. A pedestrian crossing outside a crosswalk must yield to vehicles under §552.005 and can be assigned fault, but the driver still has a duty of due care under §552.008. If the driver was speeding or distracted, fault can be split, and the pedestrian may still recover reduced compensation under Texas comparative fault.

Can a pedestrian be ticketed in Texas?

Yes, in some situations. Although jaywalking is no longer a state crime, local ordinances in some Texas cities still regulate pedestrian conduct, and pedestrians can be cited for entering a roadway against a Don’t Walk signal or failing to yield when required. A citation can also be used as evidence of fault in an injury claim.

Does a pedestrian’s fault completely block their injury claim in Texas?

No, unless the pedestrian was more than 50% at fault. Texas follows a modified comparative fault rule, so a pedestrian who is 50% or less responsible can still recover compensation, reduced by their percentage of fault. A pedestrian found 51% or more at fault recovers nothing.

¿Atienden casos de accidentes de peatones en español?

Sí. En Thompson Law atendemos casos de accidentes de peatones en todo Texas y hablamos español. Si te atropelló un carro mientras caminabas, podemos revisar el reporte policial, las señales del cruce y los testimonios para determinar quién tuvo la culpa. Ofrecemos una consulta gratuita y no cobramos a menos que ganemos tu caso.