Texas laws require drivers to stop and yield the right-of-way to pedestrians who are crossing in marked or unmarked crosswalks, while pedestrians must ensure they don’t suddenly enter traffic when vehicles cannot safely stop.
The basic rule is simple: if you’re driving and see someone in a crosswalk on your side of the road or approaching from the other side, you must stop. If you’re walking, you need to make sure it’s safe before stepping into the street.
Here’s what Texas crosswalk laws cover:
- Stop and yield requirement: Drivers must completely stop for pedestrians already in crosswalks or approaching closely enough to be in danger.
- Pedestrian responsibility: You can’t suddenly enter a crosswalk if vehicles don’t have time to stop safely.
- Criminal penalties: The Lisa Torry Smith Act makes it a crime to injure pedestrians in crosswalks through negligent driving.
- Jaywalking rules: Crossing outside designated crosswalks is illegal, and pedestrians must yield to traffic when doing so.
Under Texas Transportation Code § 552.003, drivers face both civil liability and criminal penalties under the Lisa Torry Smith Act if they injure someone in a crosswalk through negligence.
These laws create shared responsibilities between drivers and pedestrians, with specific rules varying based on whether the crosswalk is marked, unmarked, controlled by signals, or uncontrolled.
Crosswalk Types and Right-of-Way Rules
Not all crosswalks work the same way under Texas law. Understanding the different types helps you know exactly who has the right-of-way in each situation.
Marked Crosswalks
A marked crosswalk is the type you probably picture first, white painted lines across the street, usually at intersections. These are the most obvious crosswalks, and the rules are straightforward.
Drivers must stop and yield to any pedestrian in a marked crosswalk. This applies whether the person is on your half of the road or approaching closely from the other side.
Unmarked Crosswalks
An unmarked crosswalk exists at every intersection where sidewalks would naturally extend across the street, even without painted lines. Many people don’t realize these invisible crosswalks have the same legal protections as marked ones.
If you’re walking across an intersection and there’s no painted crosswalk, you still have the right of way. Drivers must yield to you just like they would at a marked crosswalk.
Controlled Crosswalks
Controlled crosswalks have traffic signals or pedestrian signals like “Walk” and “Don’t Walk” signs. Both pedestrians and drivers must follow these signals.
Even when your light turns green, you must still yield to pedestrians who are already lawfully in the crosswalk. The signal doesn’t override your duty to avoid hitting someone.
Uncontrolled Crosswalks
Uncontrolled crosswalks have no traffic lights or stop signs directing traffic. Here, both sides share responsibility for safety.
Drivers must yield to pedestrians already crossing, but pedestrians must make sure vehicles have enough time to stop before entering the crosswalk.
Who Has the Right-of-Way at a Crosswalk in Texas
Pedestrians generally have the right of way in Texas crosswalks, according to Transportation Code § 552.003. However, this right isn’t absolute and depends on the specific circumstances of each situation.
The law protects pedestrians who are already crossing or who are close enough that continuing would put them in danger. It doesn’t protect pedestrians who suddenly dart into traffic without giving drivers time to react.
Do Drivers Have to Stop or Yield at Crosswalks?
Yes, drivers must both stop and yield, depending on the situation. “Yielding” means slowing down and preparing to stop, while “stopping” means coming to a complete halt.
You must come to a complete stop if a pedestrian is in the crosswalk on your half of the road or approaching so closely that they’d be in danger if you continued. Simply slowing down isn’t enough when someone’s safety is at risk.
Can You Pass a Vehicle Stopped at a Crosswalk?
No, passing a stopped vehicle at a crosswalk is illegal and extremely dangerous. That driver stopped for a reason, there’s likely a pedestrian you can’t see.
Passing puts you at risk of striking someone who was safely crossing until you came along. This violation can result in serious criminal charges if you hit someone.
Is Jaywalking Illegal in Texas?
Yes, jaywalking remains illegal throughout Texas. Jaywalking means crossing the street outside of designated crosswalks or against traffic signals.
When you jaywalk, you must yield the right of way to all vehicle traffic. The law doesn’t protect you the same way it does when you’re in a proper crosswalk.
Common jaywalking violations include:
- Mid-block crossing: Walking across a street between intersections where no crosswalk exists.
- Signal violations: Crossing against a “Don’t Walk” signal or red light.
- Diagonal crossing: Walking diagonally across intersections unless specifically permitted by signals.
- Controlled intersection violations: Crossing outside the crosswalk when you’re between two signalized intersections.
Where Must Pedestrians Walk if There Is No Sidewalk?
When no sidewalk exists, Texas law requires you to walk on the left side of the road facing oncoming traffic. This positioning lets you see approaching vehicles and gives you time to get out of the way.
If no sidewalk exists, you may walk on the right side when the left side is blocked or unsafe. The key is choosing the side that gives you the best chance of staying safe.
Walking against traffic is much safer than walking with traffic behind you. You can see what’s coming and react accordingly, rather than hoping drivers see you from behind.
What Is the Lisa Torry Smith Act
The Lisa Torry Smith Act is a 2021 Texas law that established serious criminal penalties for drivers who injure or kill pedestrians in crosswalks. It was named after a mother killed while walking her son to school, after which the driver received only a small fine.
This law shows Texas takes crosswalk safety seriously. It applies to both marked and unmarked crosswalks at intersections.
The penalties are significant:
- Class A misdemeanor: For causing bodily injury to a pedestrian in a crosswalk, punishable by up to one year in jail and fines up to $4,000.
- State jail felony: For causing serious bodily injury, punishable by 180 days to two years in state jail and fines up to $10,000.
Do Drivers Owe a General Duty of Due Care to Pedestrians?
Yes, Transportation Code § 552.008 requires all drivers to exercise “due care” to avoid hitting pedestrians, regardless of who has the right of way. This means you can’t just assume you’re in the right and plow ahead.
Due care means being alert, driving at appropriate speeds, and taking reasonable steps to avoid accidents. Even if a pedestrian is jaywalking or violating traffic rules, you still have a duty to try to avoid hitting them.
This rule protects everyone by ensuring drivers stay vigilant. You can’t use “they were jaywalking” as an excuse if you had the opportunity to avoid the accident but didn’t try.
What Evidence Proves Crosswalk Right-of-Way?
After a crosswalk accident, proving who had the right of way becomes crucial for your case. Insurance companies immediately look for ways to blame the pedestrian, so collecting strong evidence is essential.
The most valuable evidence includes:
- Traffic camera footage: Shows exactly where the pedestrian was and what signals were displaying at the time of impact.
- Witness statements: Independent observers can confirm who entered the crosswalk first and whether the driver had time to stop.
- Police reports: The investigating officer’s initial fault determination carries significant weight with insurance companies and juries.
- Scene photographs: Pictures of crosswalk markings, vehicle positions, skid marks, and any visual obstructions help reconstruct what happened.
- Signal timing records: I can obtain official records from the city showing whether pedestrian signals showed “Walk” or “Don’t Walk.”
The key is preserving this evidence in Texas car accident claims quickly before it disappears. Traffic camera footage gets overwritten, witnesses forget details, and physical evidence gets cleaned up or repaired.
How Fault and Comparative Negligence Change Your Recovery
Texas uses a modified comparative fault system that can dramatically affect your compensation. You can recover damages only if you’re 50% or less at fault for the accident.
If a jury finds you 51% or more responsible, you get nothing. If you’re 50% or less at fault, your compensation gets reduced by your percentage of responsibility.
Here’s how it works in practice:
| Your Fault Percentage | Recovery on $100,000 Claim | Result |
| 20% | $80,000 | Good recovery |
| 40% | $60,000 | Reduced recovery |
| 50% | $50,000 | Significant reduction |
| 51% | $0 | Complete loss |
Insurance companies know this rule and will fight to push your fault above 50%. They’d rather pay nothing than pay a reduced amount.
Texas Laws That Govern Crosswalks and Pedestrian Right-of-Way
Several specific statutes in the Texas Transportation Code work together to create a comprehensive framework for pedestrian safety. These aren’t just guidelines—they’re the actual laws that determine the outcome of your case.
| Texas Law | What It Covers |
| Transportation Code § 552.003 | Requires drivers to stop and yield at crosswalks |
| Transportation Code § 552.005 | Defines jaywalking rules and when pedestrians must yield |
| Transportation Code § 552.006 | Sets requirements for sidewalk use and walking on roadways |
| Transportation Code § 552.008 | Creates the general “due care” duty for all drivers |
| Transportation Code § 545.302 | Prohibits stopping or parking in crosswalks |
| Transportation Code § 545.428 | The Lisa Torry Smith Act criminal penalties |
These laws work together to balance pedestrian protection with practical traffic flow. Understanding them helps you know exactly what rights you have and what responsibilities come with those rights.
What to Do After a Crosswalk Accident
Your actions immediately after being hit in a crosswalk can significantly impact both your health and your legal case.
Immediate steps:
- Get to safety and call 911: Move out of traffic if possible and ensure police and paramedics respond.
- Seek medical attention immediately: Some injuries don’t show symptoms right away, and having medical records helps your case.
- Document everything: Take photos of the crosswalk, vehicles, your injuries, and road conditions if you’re able.
Before leaving the scene:
4. Get witness information: Ask anyone who saw the accident for their name and contact information.
5. Don’t admit fault: Stick to basic facts when talking to police and avoid apologizing or speculating about what happened.
6. Avoid recorded statements: Don’t give insurance adjusters recorded statements without talking to a lawyer first.
Follow-up actions:
7. Keep detailed records: Save every medical bill, receipt, and document related to your accident and treatment.
8. Contact an attorney: Speak with an experienced pedestrian accident lawyer before accepting any settlement offers from insurance companies.
Pedestrian Accident Law Firm in Lubbock, Texas
I have extensive experience representing people injured by someone else’s negligence, and I understand how serious crosswalk accidents can be. I’ve also seen how insurance companies immediately try to blame the pedestrian to avoid paying fair compensation.
When you hire Perrin Law PLLC Injury & Accident Lawyer, I handle your case personally from start to finish. I immediately begin preserving crucial evidence like traffic camera footage and witness statements before they disappear.
I prepare every case as if it’s going to trial because insurance companies take your claim more seriously when they know you’re ready to fight. This approach has helped me secure significant settlements and verdicts for my clients over the years.
My approach includes:
- Immediate evidence preservation: I act quickly to secure camera footage, witness statements, and accident scene documentation.
- Expert reconstruction: I work with accident reconstruction specialists who can prove exactly what happened.
- Insurance company negotiations: I handle all communications with adjusters so they can’t trick you into damaging statements.
- Trial preparation: Every case gets prepared for trial, which strengthens our negotiating position.
You don’t pay me unless I win your case. This contingency fee structure means I only succeed when you succeed, and you can focus on recovering while I handle the legal battle.
Frequently Asked Questions
Do You Have to Wait for a Pedestrian to Completely Cross the Street in Texas?
You must wait until the pedestrian clears your half of the roadway and is far enough away on the other side to be out of danger. You cannot proceed if continuing would put them at risk.
Is It Illegal to Block a Crosswalk in Texas?
Yes, Transportation Code § 545.302 makes it illegal to stop, stand, or park any vehicle in a crosswalk, even temporarily.
Do Cyclists and Mobility Device Users Have Crosswalk Rights?
Yes, the Lisa Torry Smith Act specifically protects people using bicycles, wheelchairs, motorized scooters, and other mobility devices when they’re in crosswalks.
What if the Pedestrian Crossed Outside a Crosswalk?
Drivers still have a duty of due care to avoid hitting pedestrians even when they’re jaywalking, but the pedestrian will likely bear more fault for the accident.
Can You Recover Compensation if You Were Jaywalking?
You may still recover damages reduced by your percentage of fault, as long as you’re not more than 50% responsible for the accident.
Does a Walk or Don’t Walk Signal Automatically Determine Fault?
The signal status is important evidence but doesn’t automatically determine fault—courts also consider factors like driver speed, visibility, and whether the driver had time to stop.
How Do You Prove the Pedestrian Signal Was in Your Favor?
Traffic camera footage, witness statements, and official signal timing records from the city can establish what the signal displayed at the time of the accident.
If you’ve been injured in a crosswalk accident, don’t let the insurance company convince you that you’re to blame. Contact me today for a free consultation to discuss your rights and how I can help you get the compensation you deserve. Remember, you pay nothing unless we win your case.