Who is at fault for a pedestrian accident?

Pedestrian accidents often lead to questions, such as “who was at fault?” The following FAQs explain how Texas traffic laws relate to drivers and pedestrians. Whenever a driver or pedestrian violates a traffic law, the violation can be a reason for courts to find them at fault for causing an accident.

The Texas Transportation Code establishes the traffic laws for pedestrians and drivers.

When must drivers stop for pedestrians?

When a pedestrian is crossing the street in a crosswalk, drivers must stop and allow the pedestrian to pass. This is true even when the driver is making a right or left turn. A crosswalk is a painted or unpainted area that extends across the road. Crosswalks automatically exist at four-way intersections, even if the strip where people walk isn’t panted. Sometimes a painted crosswalk also occurs in the middle of a street.

When a vehicle has stopped for a pedestrian crossing the street, vehicles behind it must also stop and cannot pass the stopped vehicle.

If drivers are backing out of a drive or alley, they must also to stop for pedestrians. In such circumstances, pedestrians have the right-of-way.

When must pedestrians stop and wait for vehicles to pass?

At any area that isn’t an intersection or crosswalk, pedestrians must wait until cars have passed before crossing. Pedestrians crossing the street must obey traffic signals and cross when the signal indicates safety or at a red light. 

What are the laws for using sidewalks?

Whenever a sidewalk is available and within access, a pedestrian must use it rather than walk in the street.

When there is no sidewalk, pedestrians should walk on the left side of the street, facing traffic, and stay as far off the road as possible.

Have you suffered from an injury in a pedestrian accident?

The Law Office of Michael R. De La Paz has helped countless victims recover compensation in all types of vehicle accidents, including pedestrian accidents. We assist clients nationwide and throughout Texas, including clients in the San Antonio, Austin and Houston areas. Arrange a free consultation today to evaluate your potential case.