Pedestrians generally have the right of way in Texas, but there are exceptions. Even if a pedestrian is partially at fault, they may still recover damages for injuries under Texas’ comparative negligence laws. Knowing your rights and seeking an experienced Dallas pedestrian accident attorney can help protect your claim.
Understanding Texas Pedestrian Right-of-Way Laws
Pedestrian right of way in Texas is governed by Texas Transportation Code §552.008. Drivers are required to yield to pedestrians in most crosswalks and intersections, but pedestrians also have responsibilities to avoid accidents.
Drivers must yield when:
- Pedestrians are in a crosswalk, and the signal indicates “WALK.”
- Pedestrians cross with a green light.
- A vehicle is exiting a building, alley, or driveway.
- Pedestrians are blind, incapacitated, or obviously confused.
- A second vehicle approaches a yielding vehicle—the second driver must also yield.
Drivers are expected to exercise due care to avoid colliding with a pedestrian, whether the crosswalk is marked or unmarked.
When Pedestrians Must Yield to Vehicles
Pedestrians must also follow certain rules to avoid accidents:
- Yield at a red or yellow traffic signal.
- Follow “WAIT” or “DON’T WALK” signals.
- Use pedestrian tunnels or overhead crossings when available.
- Avoid entering a crosswalk too quickly, leaving the curb in a way that prevents drivers from yielding.
Additional rules include:
- Diagonal crossings are allowed only when traffic devices authorize them.
- Walk on the side of the road only if no sidewalk is available.
Can I Recover Damages if I Was Partially at Fault?
Yes. Texas uses a modified comparative negligence system, which means a pedestrian can recover compensation as long as they are less than 51% responsible for the accident.
Damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Why You Need an Experienced Dallas Pedestrian Accident Attorney
Navigating pedestrian accident claims can be complex, especially when liability is shared. An experienced attorney can:
- Investigate your accident and gather evidence
- Determine fault and calculate damages
- Handle communications with insurance companies
- Represent you in court if necessary
At MR.LAW Accident & Injury Attorneys, we work on a contingency fee basis—you pay nothing unless we win your case.
Call (469) 689-0200 or schedule a free consultation online to discuss your pedestrian accident claim today.
Frequently Asked Questions (FAQ)
Q: Do pedestrians always have the right of way in Texas?
A: No. Pedestrians generally have the right of way, but they must follow traffic signals and yield when required.
Q: Can I still get compensation if I wasn’t fully obeying pedestrian rules?
A: Yes. As long as you are less than 51% at fault, you may still recover damages under Texas’ comparative negligence law.
Q: What damages can I recover as a pedestrian accident victim?
A: You may recover medical expenses, lost income, pain and suffering, and property damage.
Q: How soon should I contact an attorney after a pedestrian accident?
A: Immediately. Early legal guidance helps preserve evidence, strengthens your claim, and ensures you are fully compensated.