Do Pedestrians Always Have the Right of Way?

Many people are opting to walk rather than drive for work and pleasure. Unfortunately, due to automotive traffic, it can be risky. Pedestrian deaths accounted for 14% of all traffic fatalities in 2015, and the number continues to rise every year. Pedestrian injuries are also rising, with a reported increase of 10% from 2006 to 2011.

In most cases, pedestrians believe they have the right of way. In response to increasing pedestrian injuries and fatalities, many states have strengthened the laws that govern when a vehicle is required to stop for a pedestrian, but the laws are not always as straightforward as they appear. Anyone who regularly walks should be aware of the laws in his or her area and should be prepared to retain legal representation to protect his or her rights in the event of an accident.

Pedestrian Right of Way

At a marked, controlled crosswalk, when crossing in accordance with traffic signals or other directions, a pedestrian has the right of way. Most states also require a vehicle to yield to a pedestrian in an uncontrolled crosswalk, which is a crosswalk that does not have a traffic light or other traffic control device. Although vehicles may be obligated to yield, they are not always required to stop, which can increase the chances that vehicles may accidentally injure pedestrians.

In nineteen states, vehicles must yield to pedestrians when the pedestrian is in any part of the road. Other states only require that vehicles yield to pedestrians when pedestrians are within a certain distance of the vehicle, such as the same half of the roadway or a particular number of feet from the vehicle.

Vehicle Right of Way

There are certain circumstances, though, in which pedestrians are required to yield to vehicles. In most states, pedestrians must yield to vehicles when crossing outside of a marked crosswalk. In these cases, drivers are still obligated to take precautions when they observe a pedestrian in the roadway, such as using a horn to alert the pedestrian of the vehicle’s approach. Additionally, pedestrians must be aware of how quickly a vehicle can stop and avoid entering an uncontrolled crosswalk when a vehicle does not have enough space to safely yield to the pedestrian.

Pedestrian Laws in Texas

Texas law requires that drivers yield the right of way to pedestrians in all marked crosswalks on the same half of the road as the vehicle. This applies for both controlled and uncontrolled crosswalks. Drivers must also yield when pedestrians are close enough to the halfway point to be in danger from the passing vehicle.

In the case where a vehicle is already too close for the driver to reasonably stop, however, pedestrians are required to refrain from entering the crosswalk until the vehicle has passed. Additionally, pedestrians attempting to cross roadways anywhere other than a marked crosswalk are required to yield to vehicles.

At controlled intersections where traffic signals provide signals or directions such as “Walk” or “Don’t Walk,” pedestrians must comply with the traffic signals.

What to Do If You Have Been Injured in a Pedestrian Accident

If you have been injured in a pedestrian accident, seek immediate medical attention for your injuries. Along with receiving medical care to treat your injury, official documentation of your injuries can help any future legal action by support your injury claims.

It is also a good idea to retain a Houston personal injury attorney as soon as possible. Gordon, Elias, and Seely LLP offers complimentary consultations. Call us toll free at (800) 773-6770, or request a free consultation online for more information and to discuss your pedestrian accident case.