Where Should Pedestrians Go If There Are No Sidewalks? The Laws in Texas Law

Getting around on foot is usually pretty straightforward: pedestrians walk on the sidewalk and use crosswalks to navigate roadways. But where should pedestrians go if there are no sidewalks? Is it illegal to walk in the street instead of the crosswalk? What happens if you are hit by a car while walking off the sidewalk? Below, we discuss everything you need to know to stay safe as a pedestrian in Texas and protect your rights.

What Does the Law Say About Pedestrian Safety on Sidewalks?

In the United States, most legislation related to pedestrian safety is handled at the state level. Generally speaking, pedestrians are required by law to walk on the sidewalk instead of the road – however, there are exceptions to this rule, just as there are instances where a sidewalk is not available. Before we analyze where to walk when there are no sidewalks, let’s first examine some key pieces of information that apply to Texas pedestrians regardless of where they are. First, it’s important to understand when you, as a pedestrian, are required by law to use a crosswalk. According to Texas Transportation Code §552.003:

• Pedestrians have the right-of-way in the crosswalk. This applies so long as no traffic control signal is in place or in operation and the pedestrian is on the half of the roadway in which the vehicle is traveling or is approaching so closely from the opposite half as to be in danger.
• Pedestrians may not suddenly leave the curb or another place of safety and proceed into a crosswalk in front of a vehicle that is so close that it is impossible for the vehicle operator to stop and yield.

Some more general rules can be found in Texas Transportation Code §552.006, which explains that:

• Vehicle operators emerging from a private road, driveway, alley, etc., must yield the right-of-way to pedestrians approaching on a sidewalk that extends across an alley, road, or driveway.
• A pedestrian may not walk along or on a roadway if an adjacent sidewalk is provided and accessible.

But what happens when there are no sidewalks for pedestrians to use or when all available sidewalks are closed or inaccessible?

Where Should Pedestrians Go if There Are No Sidewalks?

In general, if no sidewalks exist or are accessible, pedestrians are required by law to walk on the left side of the road, facing oncoming traffic. More specific instructions about what to do when there are no sidewalks for pedestrians can be found in both federal and state laws.

According to Federal Law

While the federal government doesn’t directly regulate pedestrian use of sidewalks and roadways in the US, federal law does offer some guidelines for pedestrian behavior that many states have adopted.  The Uniform Vehicle Code (UVC), for example, is a model code that several states have chosen to use as a framework for their own legislation. Provision §11-506 of the UVC provides some guidance for where pedestrians should go if there are no sidewalks:

• §11-506(a): Where sidewalks are provided, it is unlawful for any pedestrian to walk along or upon an adjacent roadway.
• §11-506(b): Where sidewalks are not provided, any pedestrian walking along or upon a roadway should, when practical, walk only on the left side of the roadway or its shoulder and face oncoming traffic that may approach from the opposite direction.

According to Texas State Law

In addition to the basic pedestrian safety rules outlined by Texas law, there also exists language in the state’s Transportation Code that explicitly outlines what to do in the case of no sidewalks. According to Texas Transportation Code §552.006, if a sidewalk is not provided, a pedestrian walking along or on a highway should walk on:

• The left side of the road or;
• The shoulder of the roadway that is facing oncoming traffic, unless the left side of the road or the shoulder that is facing oncoming traffic is obstructed or otherwise unsafe.

So, whether we consult federal or state law, it’s clear that pedestrians should walk on the side of the road that faces oncoming traffic.

More Key Texas Laws for Pedestrians

Type According to Texas Transportation Code §552.008, drivers of motor vehicles must:

• Exercise due care to avoid colliding with a pedestrian on a roadway
• Give a warning by sounding the horn

According to Texas Transportation Code §552.002, pedestrians must also:

• Obey traffic control signals (“Walk,” “Don’t Walk,” or “Wait”)
• Proceed across a roadway ONLY when facing a “Walk” or green signal
• Avoid crossing a roadway in the direction of a “Don’t Walk” or a “Wait” signal, except to finish crossing if they have already begun to do so.

What Happens if a Pedestrian is Hit by a Motor Vehicle?

Whether a pedestrian is walking on the sidewalk, crosswalk, or roadway, they may be at risk of being struck by a motor vehicle. What happens after the car accident, in this case, depends on the circumstances. Texas applies comparative fault and the doctrine of negligence in these circumstances, meaning that liability for the accident is determined based on the actions of both the pedestrian and the driver.

On the Sidewalk

If a pedestrian is hit by a motor vehicle while they are on the sidewalk, the driver of that vehicle is typically presumed to be at fault.  Unless there are extenuating circumstances – such as a medical emergency that caused the driver to lose control of their vehicle – the driver will likely be found completely liable. When this is true, pedestrians may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages either through the driver’s insurance or a lawsuit.

Off the Sidewalk

Things get a bit more complicated when a pedestrian is hit while they are not on the sidewalk. Liability in these cases depends on where the pedestrian was walking and whether they were following the applicable rules of the road. If a pedestrian is struck while walking in a crosswalk, marked or unmarked:

• The driver is typically at fault unless the pedestrian entered the crosswalk so suddenly that the driver did not have time to yield

If a pedestrian is hit while walking along the roadway in cases where no sidewalk is available:

• The driver is likely to be held liable as long as the pedestrian is walking on the left side of the road, facing traffic, as required by Texas law.
• The pedestrian is likely to be held liable if they were walking on the right side of the road or walking without facing oncoming traffic.

And finally, if a pedestrian is hit while jaywalking:

• The pedestrian may be considered at least partially at fault. Texas law requires all pedestrians to yield the right-of-way to vehicles when crossing the road outside a crosswalk.

Regardless of the circumstances, though, if the pedestrian is found to be more than 50% at fault, they may not recover damages. Otherwise, pedestrians may be entitled to compensation from the driver.

Stay Safe as a Pedestrian & Know Your Rights

If you are a Texas resident who often travels by foot, it’s important to understand your rights and the laws that apply to you as a pedestrian. Be sure to walk on the left side of the road whenever possible, and remember that you may be held liable for accidents that are caused by failing to follow Texas pedestrian laws.  Should you ever find yourself in a situation where you are hit by a motor vehicle while walking off the sidewalk or hit another pedestrian walking off the sidewalk, seek legal advice sooner rather than later so that you can receive any compensation that you are entitled to. If you liked this article, you may also enjoy:

• Do Pedestrians Always Have the Right of Way in Texas?
• What to Do After a Car Accident in Texas
• When to Get a Car Wreck Lawyer