NOTE:  The following are the legal statutes of Texas regarding the law governing the relationship between pedestrians, vehicles and pedestrian accidents.

 

TRANSPORTATION CODE

 

TITLE 7. VEHICLES AND TRAFFIC

 

SUBTITLE C. RULES OF THE ROAD

 

CHAPTER 552. PEDESTRIANS

 

Sec. 552.001.  TRAFFIC CONTROL SIGNALS.  (a)  A traffic control signal displaying green, red, and yellow lights or lighted arrows applies to a pedestrian as provided by this section unless the pedestrian is otherwise directed by a special pedestrian control signal.

(b)  A pedestrian facing a green signal may proceed across a roadway within a marked or unmarked crosswalk unless the sole green signal is a turn arrow.

(c)  A pedestrian facing a steady red signal alone or a steady yellow signal may not enter a roadway.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.002.  PEDESTRIAN RIGHT-OF-WAY IF CONTROL SIGNAL PRESENT.  (a)  A pedestrian control signal displaying “Walk,” “Don’t Walk,” or “Wait” applies to a pedestrian as provided by this section.

(b)  A pedestrian facing a “Walk” signal may proceed across a roadway in the direction of the signal, and the operator of a vehicle shall yield the right-of-way to the pedestrian.

(c)  A pedestrian may not start to cross a roadway in the direction of a “Don’t Walk” signal or a “Wait” signal.  A pedestrian who has partially crossed while the “Walk” signal is displayed shall proceed to a sidewalk or safety island while the “Don’t Walk” signal or “Wait” signal is displayed.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.003.  PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK.  (a)  The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:

(1)  no traffic control signal is in place or in operation;  and

(2)  the pedestrian is:

(A)  on the half of the roadway in which the vehicle is traveling;  or

(B)  approaching so closely from the opposite half of the roadway as to be in danger.

(b)  Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield.

(c)  The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.

(d)  If it is shown on the trial of an offense under Subsection (a) that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a visually impaired or disabled person, the offense is a misdemeanor punishable by:

(1)  a fine of not more than $500; and

(2)  30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.

(d-1)  A portion of the community service required under Subsection (d)(2) shall include sensitivity training.

(e)  For the purposes of this section:

(1)  “Visually impaired” has the meaning assigned by Section 91.002, Human Resources Code.

(2)  “Disabled” means a person who cannot walk without the use or assistance of:

(A)  a device, including a brace, cane, crutch, prosthesis, or wheelchair; or

(B)  another person.

(f)  If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1272, Sec. 2, eff. September 1, 2009.

 

Sec. 552.004.  PEDESTRIAN TO KEEP TO RIGHT.  A pedestrian shall proceed on the right half of a crosswalk if possible.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.005.  CROSSING AT POINT OTHER THAN CROSSWALK.  (a)  A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place:

(1)  other than in a marked crosswalk or in an unmarked crosswalk at an intersection;  or

(2)  where a pedestrian tunnel or overhead pedestrian crossing has been provided.

(b)  Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.

(c)  A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.006.  USE OF SIDEWALK.  (a)  A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian.

(b)  If a sidewalk is not provided, a pedestrian walking along and on a highway shall if possible walk on:

(1)  the left side of the roadway;  or

(2)  the shoulder of the highway facing oncoming traffic.

(c)  The operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall yield the right-of-way to a pedestrian approaching on a sidewalk extending across the alley, building entrance or exit, road, or driveway.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11, 2001.

 

Sec. 552.007.  SOLICITATION BY PEDESTRIANS.  (a)  A person may not stand in a roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except that a person may stand in a roadway to solicit a charitable contribution if authorized to do so by the local authority having jurisdiction over the roadway.

(b)  A person may not stand on or near a highway to solicit the watching or guarding of a vehicle parked or to be parked on the highway.

(c)  In this section, “charitable contribution” means a contribution to an organization defined as charitable by the standards of the United States Internal Revenue Service.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.0071.  LOCAL AUTHORIZATION FOR SOLICITATION BY PEDESTRIAN.  (a)  A local authority shall grant authorization for a person to stand in a roadway to solicit a charitable contribution as provided by Section 552.007(a) if the persons to be engaged in the solicitation are employees or agents of the local authority and the other requirements of this section are met.

(b)  A person seeking authorization under this section shall file a written application with the local authority not later than the 11th day before the date the solicitation is to begin. The application must include:

(1)  the date or dates and times when the solicitation is to occur;

(2)  each location at which solicitation is to occur; and

(3)  the number of solicitors to be involved in solicitation at each location.

(c)  This section does not prohibit a local authority from requiring a permit or the payment of reasonable fees to the local authority.

(d)  The applicant shall also furnish to the local authority advance proof of liability insurance in the amount of at least $1 million to cover damages that may arise from the solicitation.  The insurance must provide coverage against claims against the applicant and claims against the local authority.

(e)  A local authority, by acting under this section or Section 552.007, does not waive or limit any immunity from liability applicable under law to the local authority.  The issuance of an authorization under this section and the conducting of the solicitation authorized is a governmental function of the local authority.

(f)  Notwithstanding any provision of this section, the existing rights of individuals or organizations under Section 552.007 are not impaired.

(g)  For purposes of a solicitation under Subsection (a), a roadway is defined to include the roadbed, shoulder, median, curbs, safety zones, sidewalks, and utility easements located adjacent to or near the roadway.

 

Added by Acts 2005, 79th Leg., Ch. 12, Sec. 2, eff. May 3, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 333, Sec. 1, eff. June 15, 2007.

 

Sec. 552.008.  DRIVERS TO EXERCISE DUE CARE.  Notwithstanding another provision of this chapter, the operator of a vehicle shall:

(1)  exercise due care to avoid colliding with a pedestrian on a roadway;

(2)  give warning by sounding the horn when necessary;  and

(3)  exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.009.  ORDINANCES RELATING TO PEDESTRIANS.  A local authority may by ordinance:

(1)  require pedestrians to comply strictly with the directions of an official traffic control signal;  and

(2)  prohibit pedestrians from crossing a roadway in a business district or a designated highway except in a crosswalk.

 

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

 

Sec. 552.010.  BLIND PEDESTRIANS.  (a)  No person may carry a white cane on a public street or highway unless the person is totally or partially blind.

(b)  The driver of a vehicle approaching an intersection or crosswalk where a pedestrian guided by an assistance animal or carrying a white cane is crossing or attempting to cross shall take necessary precautions to avoid injuring or endangering the pedestrian.  The driver shall bring the vehicle to a full stop if injury or danger can be avoided only by that action.

(c)  If it is shown on the trial of an offense under this section that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a blind person, the offense is a misdemeanor punishable by:

(1)  a fine of not more than $500; and

(2)  30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.

(c-1)  A portion of the community service required under Subsection (c)(2) shall include sensitivity training.

(d)  For the purposes of this section:

(1)  “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.

(2)  “White cane” has the meaning assigned by Section 121.002, Human Resources Code.

(e)  If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.

 

Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 278, Sec. 5, eff. June 5, 1985;  Acts 1997, 75th Leg., ch. 649, Sec. 8, eff. Sept. 1, 1997.

Renumbered from Human Resources Code, Section 121.007 and amended by Acts 2009, 81st Leg., R.S., Ch. 1272, Sec. 1, eff. September 1, 2009.

 

Tate Law Offices, an injury law firm with attorneys practicing in Dallas, Fort Worth, Houston and throughout Texas, has compiled this legal information for the purpose of informing the public about the laws pertaining to pedestrians. We work with accident victims on a daily basis, many of whom are pedestrians injured while on or near roadways in Texas. If you’ve been injured in a pedestrian collision or an auto accident, we would like to hear about your case. We offer free consultations to injured parties, and we will give you the straight facts regarding your injury case or accident situation. Our phones are open 24/7 and we also offer online chat and email for your convenience. Please feel free to contact us at anytime about your accident or personal injury claim. You can reach us by phone at 888-223-3461.