In Texas, many places have walkable areas, making it a lovely way to see the sights, get some exercise, or simply not have to move your car several times while enjoying the area. However, Texas pedestrian laws, or right-of-way rules in Texas, should be fully understood by pedestrians as well as vehicle operators of motor vehicles to uphold pedestrian safety. If a car accident results in a pedestrian being hit by a car, personal injury law allows victims to seek compensation.
Devastating consequences are often the result of these scenarios, and the person who caused the accident should be held responsible. The experienced litigators at Angel Reyes & Associates are here to help with your pedestrian accident case. If you’re an injured pedestrian, contact a Texas pedestrian accident attorney at our law firm, serving Austin, Dallas, Fort Worth, and Houston. Read on to learn more about who must yield the right of way as well as what to do when a car accident occurs that involves a pedestrian.
Pedestrian Rights in Texas
Right of Way in a Marked or Unmarked Crosswalk
Whether in a marked or unmarked crosswalk, pedestrians have the right of way. Drivers must yield to a pedestrian crossing the road, though pedestrians must follow traffic control signals at a pedestrian crossing.
While pedestrians should be cautious when they cross any road, as a driver approaches an intersection, they must watch for anyone attempting to cross the road.
Right of Way at Intersections Without a Pedestrian Control Signal
Even at an intersection without a signal, pedestrians still have the right to cross. However, they must yield to vehicles on the road if they’re crossing where there’s no marked crosswalk or at an intersection without traffic control signals.
Driver Responsibilities in Texas
Drivers must exercise due care to avoid colliding with pedestrians on the roadway. Every time you get behind the wheel, you should make sure you yield whether they’re in marked crosswalks or not.
This applies to intersections that don’t have traffic signals for pedestrians. If there’s a pedestrian control signal, then drivers must come to a complete stop and allow the pedestrian to cross safely. Any driver who tries to pass a stopped vehicle that’s yielding for this reason can be held liable for an accident they cause.
Texas Transportation Code § 552.008 places the duty on drivers to always use due care to avoid accidents with pedestrians. This may include taking actions such as honking their horns to warn pedestrians. The law also addresses that pedestrians should use the adjacent sidewalk if it’s available. If there’s no sidewalk, then pedestrians must walk along the highway facing oncoming traffic to watch for any imminent danger.
Causes and Consequences of Pedestrian Accidents
Since motor vehicles greatly outweigh human beings, pedestrian accidents can result in serious injuries, and often, fatalities. What causes pedestrian accidents?
Driver negligence is one of the most common causes of any car accident, especially one that results in an injured pedestrian. Drivers must always yield to pedestrians, but if they’re distracted by something else, such as their phones, the GPS, their passengers, or even eating, they may suddenly leave the roadway and their vehicle may collide with a pedestrian.
Others fail to yield to pedestrians at a traffic control device or other crossing. Some think that when pedestrians cross the opposite half of the roadway, they aren’t obligated to stop. Others may be speeding, which causes a danger to everyone on the road.
Since vehicles must yield to those on foot, victims may be entitled to compensation for their injuries and damages.
What to Do If You’re Involved in a Pedestrian Accident
If you’re involved in a pedestrian accident, seek medical attention immediately. Call 911 or have any witnesses who stopped to check on you make that call.
Only those who are capable should worry about exchanging insurance company information with the driver. A personal injury attorney can help you conduct a thorough investigation, gather evidence, and negotiate for fair compensation if your injuries were so severe that you couldn’t take these actions on the scene.
Special Considerations for Pedestrians in Texas
Blind pedestrians always have the right of way and are protected by Texas law. While every driver must yield to pedestrians, they must take extra caution when they see impaired persons.
Pedestrians have the right of way, though care for other vulnerable groups requires that drivers do their part to watch for children, senior citizens, and any type of incapacitated person when they cross the road.
How Local Ordinances Affect Pedestrian Rights
Local ordinances can affect pedestrian rights, including mandating the use of sidewalks and crosswalks. They can establish pedestrian-only zones, prohibit pedestrians in certain areas, create a safety island in a busy intersection, erect a pedestrian tunnel that allows walkers to cross heavy traffic safely, and take other necessary precautions to help protect them.
However, pedestrians must also be aware of their responsibilities.
Seeking Compensation After a Pedestrian Accident
All drivers must take proper precautions while behind the wheel to avoid injuring those on foot. Pedestrian accident victims in these scenarios may be entitled to compensation, which will generally include medical expenses, lost wages, pain and suffering, mental anguish, and loss of enjoyment of life.
One thing that you should do if you’re in this situation is consult with a personal injury attorney. While it may be the driver’s fault, you may be partially blamed in some way due to the modified comparative negligence rule in Texas.
Even if it’s determined that the driver was completely at fault, the insurer may offer too low a settlement in the claims process. You should be given full and fair compensation to make your life as whole again as possible after this accident.
Understanding Pedestrian Crossing Laws in Texas
To avoid hitting pedestrians—whether in a business district or neighborhood—all drivers must do their part to pay attention. If you’re on foot, you must also stay aware and watch out for all vehicles. The right-of-way laws are in place to protect you from harm, though standing out with visible clothing and ensuring that drivers are slowing to a stop can prevent you from being involved in a traumatic accident.
Drivers may bear the brunt of avoiding these accidents, though, in the end, pedestrians are no match for any vehicle. If you were doing everything properly such as crossing where indicated on the road and checking to make sure it was clear before you crossed, then you deserve compensation for your injuries.
Additionally, if the local authority hasn’t provided reasonable accommodations in the roadway for pedestrians, they may share some of the fault. Before you file an injury claim with the insurer, schedule a free initial consultation with Angel Reyes & Associates. We can help you determine the full amount of compensation for your damages and fight for what’s fair on your behalf.
