How does Texas law protect pedestrians at crosswalks?
Preventing an auto-pedestrian accident caused by a negligent driver or by a distracted driver in Austin and other communities in Texas is the reason behind laws establishing rules of the road that drivers and pedestrians are expected to obey.
Pedestrians are required to observe certain rules pertaining to how and where they may cross streets and highways. Motorists are required to grant the right of way to pedestrians who are following the rules.
The law gives pedestrians the right of way over motor vehicles when they cross streets at intersections controlled by a traffic light or by an electronic pedestrian crossing signal. A pedestrian crossing when facing a green traffic light or a “Walk” sign has the right of way over vehicle traffic.
If an intersection is not controlled by a traffic signal, then a motorist must yield the right of way to a pedestrian in a crosswalk. A driver involved in a crosswalk accident that causes serious injuries, or results in the death of a blind or visually impaired individual can be charged with committing a crime.
A person crossing a roadway at a place other than an intersection or a designated crosswalk must yield the right of way to approaching vehicles. A pedestrian’s failure to yield to a motor vehicle does not absolve a driver from responsibility in the event of a pedestrian accident.
Texas law imposes a duty on drivers to exercise care and caution to avoid hitting a pedestrian. This includes the duty to sound a horn to give warning to a person crossing the street.
This post is an overview of a complex area of the law relating to the obligations of a pedestrian and driver in avoiding an auto-pedestrian accident. It is not offered as, or intended to be, relied upon, as legal advice; legal advice concerning the liability of a negligent driver in the event of auto accident resulting in pedestrian injuries should only be given by a qualified attorney.