Texas Crosswalk Laws and Pedestrian Right of Way
Texas crosswalk law is more specific than most drivers realize, and the single most misunderstood point is that a crosswalk does not have to be painted to exist.
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Unmarked crosswalks are still crosswalks
An unmarked crosswalk exists at an intersection where a sidewalk would continue across the roadway, whether or not anything is painted on the road. A driver's duty to yield can apply there exactly as it does at a painted crossing.
This matters because the most common statement after a pedestrian collision, that the person was not in a crosswalk, is frequently wrong as a matter of law.
When the driver must yield
Where a pedestrian is crossing within a crosswalk on the half of the roadway the vehicle is traveling on, or is approaching closely enough from the other half to be in danger, and no signal is controlling the movement, the driver must yield.
At signals the rules follow the signal. A driver turning on a green light, or turning right on red, must yield to pedestrians lawfully in the crossing. A driver emerging from a driveway or alley must yield to people on the sidewalk before crossing it.
When the pedestrian must yield
Crossing outside a crosswalk, the duty reverses and the pedestrian must yield to vehicles. Crossing between adjacent signalised intersections other than in a marked crosswalk is also restricted.
None of that ends a claim. A driver still owes a duty to keep a proper lookout and to drive at a speed that is safe for the conditions. Fault is divided under section 33.001, and a pedestrian who is 50 percent or less responsible still recovers.
Children and the standard applied to them
A young child is not held to an adult standard of care. What is expected is what a child of similar age, intelligence and experience would do, and very young children are generally treated as incapable of negligence at all.
Drivers are also expected to anticipate children near schools, parks and residential streets, and to moderate speed accordingly.
Proving what happened
Pedestrian collisions frequently have no independent witness. Vehicle damage location and height, the throw distance, event data recorder downloads, and camera footage from nearby businesses establish speed and point of impact. Footage is usually overwritten within days, so identifying and preserving it early is often decisive.
Summary
| Situation | Who must yield |
|---|---|
| Pedestrian in a marked crosswalk, no signal | Driver |
| Pedestrian in an unmarked crosswalk at an intersection | Driver |
| Driver turning at a green light or turning right on red | Driver yields to pedestrians lawfully crossing |
| Vehicle emerging from a driveway or alley | Driver yields to people on the sidewalk |
| Pedestrian crossing outside a crosswalk | Pedestrian, though the driver must still keep a proper lookout |
| Pedestrian crossing against a signal | Pedestrian |
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Frequently asked questions
No. An unmarked crosswalk exists at an intersection where a sidewalk would continue across the roadway. A driver's duty to yield can apply there just as at a painted crossing.
Possibly. Outside a crosswalk a pedestrian must yield, but a driver still has to keep a proper lookout and drive at a safe speed. Fault is divided under section 33.001, and you can recover while 50 percent or less responsible.
No. A child is measured against what a child of similar age, intelligence and experience would do, and very young children are generally treated as incapable of negligence. Drivers are also expected to anticipate children near schools and residential streets.
Through physical evidence. Vehicle damage location and height, throw distance, event data recorder downloads and nearby camera footage establish speed and point of impact. Footage is usually overwritten within days.
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