You should feel safe when crossing the road on a marked crosswalk. After all, these designated areas exist to protect pedestrians and organize traffic flow. However, the harsh reality in Texas shows a different picture.
The number of pedestrian crosswalk accidents Texas records annually is higher than you might expect, with these accidents often leaving victims with serious injuries, emotional trauma, and complex legal battles.
Whether you’re a pedestrian, a driver, or the family member of someone hurt in a crosswalk accident, it’s critical to understand who is liable and why. Misunderstanding the law could mean missing out on compensation, or worse, facing serious legal consequences, even though you were not responsible for the accident.
This post will discuss everything you need to know about liability in pedestrian crosswalk accidents in Texas.
Specifically, we’ll explain Texas crosswalk laws, right-of-way rules, common causes of pedestrian crosswalk accidents, how fault is determined in these accidents, and what steps to take when involved in these accidents.
Pedestrian Crosswalk Rules and Regulations in Texas
Texas has specific laws governing street crossings, designed to protect pedestrians crossing the street and manage the interaction with motor vehicles. These rules apply to both marked crosswalks (which are often indicated with painted lines and signage) and unmarked crosswalks at intersections.
What You Should Know About Jaywalking in Texas
Jaywalking refers to crossing a street outside a marked or unmarked crosswalk or against a pedestrian signal. Under Texas pedestrian safety laws, jaywalking is illegal, and pedestrians who do so may be partially or fully liable if involved in a traffic accident.
For example, if a pedestrian steps into oncoming traffic where there’s no crosswalk and gets hit, they likely bear fault for not yielding to vehicles. This can affect the success of any personal injury claim or pedestrian accident injury claims they pursue later.
Drivers are generally not expected to anticipate pedestrians suddenly entering the roadway outside of designated crosswalks. As such, negligent drivers may argue that the pedestrian failed to use reasonable care for their own safety.
Additional Pedestrian Traffic Laws in Texas
Texas law requires drivers to yield to pedestrians legally crossing in marked crosswalks or at intersections, especially when traffic control signals such as traffic lights, pedestrian signals, or traffic control devices are present.
- Yield to pedestrians: Drivers must stop and yield to pedestrians crossing in a marked crosswalk or at intersections with functioning traffic control signals.
- Pedestrians’ duties: Pedestrians must use sidewalks where available. If none exist, pedestrians should walk facing traffic on the left side of the road.
- Crossing with signals: Pedestrians must obey pedestrian signals, such as walk signals, and wait for their turn to cross safely.
- School zones: Extra caution is required when driving in school zones with posted speed limits and heavy foot traffic of children and parents.
Violating any of these regulations can result in serious legal consequences for either party, depending on fault.
Understanding House Bill 1277 – The Lisa Torry Smith Act
Passed in 2021, House Bill 1277, known as the Lisa Torry Smith Act, was introduced to strengthen legal protections for pedestrians crossing in marked crosswalks, especially in areas prone to heavy foot traffic, such as school zones and urban intersections.
The law was named in honor of Lisa Torry Smith, a Texas mother who tragically lost her life after being struck by a car while lawfully crossing the street with her child in a crosswalk.
Her death shed light on the lack of serious criminal penalties for drivers who failed to yield to pedestrians in situations where pedestrians clearly had the right of way.
Key Highlights of the Law:
- Drivers who hit pedestrians in marked crosswalks and do not yield as traffic signals require now face criminal penalties. Charges can range from Class A misdemeanors to state jail felonies, depending on the severity of the incident (and particularly when serious injuries or fatalities occur).
- The law applies universally, including in school zones, where pedestrian safety is of heightened concern due to the presence of children and reduced posted speed limits.
- By establishing harsher penalties, the act serves as a clear deterrent to reckless or negligent behaviors behind the wheel, such as ignoring traffic lights, speeding through designated crosswalks, or failing to observe a pedestrian signal.
- Notably, House Bill 1277 recognizes shared responsibility on the road. It includes an affirmative defense for drivers if the pedestrian was violating traffic laws, such as jaywalking, crossing outside a marked or unmarked crosswalk, or disobeying a walk signal.
This legislation reflects evolving pedestrian rights in Texas and underscores the growing recognition that drivers' negligence in crosswalk accidents must be met with accountability.
However, it also reinforces the need for pedestrians to exercise caution and comply with all traffic control rules to prevent accidents and uphold their legal rights.
If a negligent driver has harmed you or your family, Walker Texas Lawyer fights tirelessly for justice and maximum compensation. Call now to speak with a tough Texas attorney who stands on your side.
Do Pedestrians Always Have the Right of Way in Texas?
Not always. While pedestrians are given important protections under Texas law, they don’t automatically have the right of way in every situation. The state’s transportation code has rules for drivers and pedestrians. These rules help keep everyone safe.
For example, pedestrians do generally have the right of way:
- When using a marked crosswalk at an intersection with a traffic signal, the walk signal is illuminated.
- When crossing at an intersection without traffic signals, as long as they're on the same half of the roadway as the vehicle or close enough to be in danger.
- When walking on sidewalks or designated pedestrian paths, drivers must yield when entering or exiting driveways or alleys.
However, pedestrians do not have the right of way in these situations:
- When crossing outside a marked crosswalk or jaywalking.
- When crossing against a traffic signal, such as walking during a red light or “Don’t Walk” signal.
- When suddenly leaving the curb or sidewalk into the path of a moving vehicle in a way that doesn't give the driver enough time to stop.
How Right of Way Is Determined
Right of way in Texas is determined based on location, signage, traffic signals, and the actions of both the pedestrian and the driver. Investigators or insurers will look at:
When a pedestrian accident occurs, investigators, insurers, and legal professionals look at the following:
1. Location of the Pedestrian
If the pedestrian was within a marked crosswalk, especially at an intersection, they are typically given the right of way under Texas law. However, if they were crossing mid-block or outside a designated crosswalk, they may share in the fault, depending on how and when they entered the roadway. Pedestrians walking on sidewalks or across driveways also have certain protections, and drivers are expected to yield in those areas.
2. Signage and Road Markings
The presence of clearly marked crosswalks, pedestrian crossing signs, or flashing beacons can support a claim that the driver should have anticipated foot traffic and yielded accordingly. On the other hand, if signage was missing or unclear, that could influence how liability is assigned.
3. Traffic Signals
Investigators will look at whether the pedestrian crossed during a “Walk” signal or ignored a “Don’t Walk” sign. Likewise, a driver who ran a red light or failed to yield when turning at a signalized intersection may be found at fault. The timing and visibility of these signals can have a major impact on determining liability.
4. Actions of Both the Pedestrian and Driver
If the pedestrian was distracted, using a phone, wearing headphones, or suddenly stepping into traffic, that behavior may contribute to fault.
Similarly, a driver who was speeding, texting, or failed to notice a pedestrian due to poor visibility could be held responsible. Investigators will look at whether either party could have reasonably avoided the collision based on the circumstances.
Ultimately, fault is not automatic. It depends on the specific facts of the case. In some situations, both the vehicle driver and the pedestrian may share liability, especially if neither followed the law exactly.
However, Texas follows a comparative fault system, meaning a pedestrian can still recover compensation even if they were partially at fault, so long as their share of the blame doesn’t exceed 50%.
What Are the Common Causes of Pedestrian Accidents in Texas?
Common causes of pedestrian accidents in Texas are:
- Distracted driving: The leading cause of accidents involving pedestrians is distracted driving. Drivers texting, talking on phones, or otherwise inattentive can miss seeing pedestrians crossing even in marked crosswalks.
- Failure to yield: Even with the right of way, many vehicle drivers fail to yield to pedestrians, either due to negligence, aggressive driving, or lack of attention.
- Speeding and posted speed limits: Speeding reduces a vehicle driver’s reaction time and increases the severity of injuries in a collision. Texas has specific posted speed limits in areas like school zones and urban centers, but violations remain common.
- Poor visibility and infrastructure issues: Accidents often happen at intersections or adjacent intersections where traffic control signals or traffic lights may be malfunctioning or obscured. Poor lighting conditions and inadequate designated crosswalks also contribute.
- Pedestrian behavior: Pedestrians distracted by phones, headphones, or impaired by alcohol/drugs can contribute to accidents by failing to notice oncoming vehicles or ignoring traffic control devices.
Typical Injuries Sustained in Pedestrian Accidents
- Traumatic brain injury (often from head impacts)
- Spinal cord injuries (often leading to paralysis).
- Fractures and broken bones (Common in legs, arms, and ribs)
- Internal injuries (damage to organs, which can be life-threatening)
- Emotional distress (including physical pain and psychological trauma)
- Wrongful death (tragically common in severe accidents)
The combination of these injuries leads to lost wages, significant medical expenses, and long-term care needs.
How Fault Is Determined in Pedestrian Crosswalk Accidents in Texas
Fault in Texas pedestrian crosswalk accidents is primarily based on right-of-way laws, but investigators also consider traffic signals, road conditions, witness accounts, and the behavior of both the vehicle driver and the pedestrian at the time of the accident.
What Are the Circumstances Under Which a Pedestrian May Be Responsible for an Accident?
- Pedestrians might be found liable if they:
- Cross outside designated crosswalks
- Ignore pedestrian signals or traffic control signals
- Step suddenly into oncoming vehicles
- Cross during a DON’T WALK signal
- Are intoxicated or distracted
How Much Time Do I Have to File a Pedestrian Accident Claim?
Under Texas law, the statute of limitations for personal injury claims from a pedestrian accident is two (2) years from the date the accident occurs. This deadline is similar for wrongful death claims.
But if suing a government entity (e.g., for poor maintenance of a traffic control device or unsafe infrastructure), a notice of claim must be filed within six months, as required by the Texas Tort Claims Act.
However, you should file as soon as possible because evidence can be lost, witnesses may forget key details, and delays can weaken your claim.
What Legal Rights Do Pedestrians Have in Texas?
- To seek fair compensation for medical expenses, emotional distress, and lost wages
- To file a personal injury claim with the assistance of a Texas crosswalk accident attorney
- To demand accountability from negligent drivers or government bodies responsible for unsafe road conditions
- To receive emergency care and undergo a thorough medical examination immediately after the accident
Steps to Take After a Pedestrian Crosswalk Accident
Being hit while using a crosswalk can be overwhelming, but the steps you take afterward can significantly impact your health, your legal rights, and your ability to recover compensation. Here's what to do:
Seek Medical Attention
Your safety should be your priority. Seek medical attention even if injuries seem minor. Some symptoms may appear later, and complete medical records will support your claim. Call 911 to report the accident and request emergency services. A timely report ensures help arrives quickly and begins the documentation process.
Report the Accident
Make sure a police report is filed. It should include details about the scene, involved parties, traffic control, signals, weather, and road conditions. While at it, avoid admitting fault or making statements that could be used against you. Even casual remarks might impact your case later.
Gather Evidence
Take photos of the crosswalk, painted lines, traffic lights, vehicles, visible injuries, and the surrounding area. This helps establish how the accident happened. Also, collect witness contact information and brief statements. Witnesses can provide critical, unbiased accounts.
Keep Records
Keep detailed records of medical expenses, lost wages, and ongoing physical or emotional impacts, including pain, anxiety, or reduced quality of life.
Contact a Trusted Texas Pedestrian Accident Lawyer
Contact a trusted Texas pedestrian accident lawyer as soon as possible to protect your rights, gather critical evidence, and avoid costly mistakes that could weaken your claim.
Why Hiring a Texas Pedestrian Accident Attorney Is Important
Navigating the aftermath of a pedestrian crosswalk accident in Texas is complex. A knowledgeable Texas pedestrian accident attorney can:
- Investigate the accident thoroughly, identifying key evidence such as traffic control devices and witness statements
- Determine liability considering Texas pedestrian accident liability
- Handle negotiations with insurance companies to avoid lowball settlements
- Fight for your legal rights to fair compensation for personal injury, medical expenses, lost wages, and emotional distress
- Guide you through the legal process so you understand every step
- Help prevent serious legal consequences by ensuring deadlines like the statute of limitations are met
Tips for Pedestrian Safety on Texas Roads
Staying safe as a pedestrian requires awareness and caution. These practical tips can help you navigate Texas roads more securely and reduce the risk of accidents:
- Always use designated crosswalks and obey pedestrian signals
- Look both ways, even if you have the right of way
- Make eye contact with drivers before crossing
- Avoid distractions like phones or headphones while crossing
- Wear bright or reflective clothing at night
- Exercise caution in school zones and areas with heavy foot traffic
- Be aware of oncoming vehicles that may run red lights or fail to yield
- Report any malfunctioning traffic control signals or unsafe crosswalks to local authorities
Takeaway: Protect Yourself and Know Your Rights
Pedestrian crosswalk accidents in Texas can cause devastating injuries and legal headaches. Understanding Texas pedestrian safety laws, your legal rights, and what to do in the event of an accident empowers you to protect yourself and your loved ones.
Whether you’re a pedestrian or a driver, always respect right-of-way laws and traffic control devices to avoid accidents. If the worst happens, act swiftly. Seek medical attention, gather evidence, and contact a skilled Texas pedestrian accident attorney. Your safety and fair compensation depend on it.
When you need a fierce advocate on your side, Walker Texas Lawyer is ready to fight for you. Our firm stands tough against insurance companies and negligent parties. We deliver personalized service, aggressive representation, and operate on a no-win-no-fee basis, so you don’t pay unless we win.
From car and truck accidents to defective products and workplace injuries, Walker Texas Lawyer has the grit and expertise to secure the maximum compensation you deserve. Don’t settle for less. Contact Walker Texas Lawyer today and put Texas justice on your side.
