Many Texans assume that drivers must always yield to pedestrians. However, this is a dangerous misconception. Failing to understand right-of-way laws can increase your risk of severe accidents. Understanding the Texas Transportation Code is essential for your safety and your legal rights as a resident.
What Texas law says
The Texas Transportation Code Section 552.005 states that pedestrians only have the right of way under specific circumstances. As a pedestrian, you must yield to vehicles when crossing outside of a marked crosswalk or intersection. Drivers must be cautious around pedestrians, but you have a responsibility too. If a car strikes you while jaywalking or crossing mid-block, you may share fault for the accident.
Legal distinctions in injury claims
Where and when you walked can affect your injury claim. If a driver fails to yield when pedestrians are lawfully in a crosswalk, that can strongly support your injury case. On the other hand, crossing outside designated areas can weaken your claim Here are some important distinctions to note:
- Marked crosswalks and intersections: When you cross in a marked crosswalk or at an intersection, you generally have the right of way. Drivers must yield to you while you cross.
- Outside designated crosswalks: If you cross outside a crosswalk or intersection, you must yield to oncoming traffic. Under Texas law, failing to yield establishes comparative negligence on the part of the pedestrian.
Texas follows a standard called modified comparative negligence. Under Texas’s modified comparative fault system, you can still recover damages if you are 50% or less responsible. However, you cannot recover any compensation if you are 51% or more responsible for the accident.
Partial fault can lower the amount of compensation you receive. It always pays to mind the right-of-way laws in the state.
Establishing your case
While right-of-way laws can affect your claim, not being in a crosswalk does not mean you have no claim. Drivers still have a duty to exercise reasonable care and watch for pedestrians. Factors like distracted driving, speeding or failure to maintain proper lookout can establish driver negligence even when you share fault.
Documentation is crucial for your case. An experienced Texas personal injury legal professional can evaluate how pedestrian right-of-way laws apply to your specific situation.