Unmarked Crosswalks in Texas

Originally published by Jeff Rasansky.

What’s an unmarked crosswalk? Who has the right of way?

The concept of an unmarked crosswalk is often misunderstood. Unfortunately, this lack of familiarity and understanding can lead to serious car accidents involving pedestrians. Texas has specific laws that define the responsibilities of both drivers and pedestrians with regard to unmarked crosswalks, and we’re happy to elaborate on the subject.

While most everyone knows that vehicles must stop for pedestrians using a marked crosswalk, many drivers don’t realize that they’re also required by law to yield the right-of-way to pedestrians crossing at “unmarked” crosswalks.

What is an unmarked crossing?

Essentially, most every intersection is also considered to represent a crosswalk (even when there are no indicators or painted crosswalk lines). Think of an unmarked crosswalk as an extension of a sidewalk that extends across intersecting roads. Every corner is a crosswalk whether it is pained or not.

Right-of-way laws in Texas.

Under Texas law, vehicles are required to yield the right-of-way to pedestrians in a crosswalk, marked OR unmarked, when in the same half of the roadway as the pedestrian (or if a pedestrian is approaching your half of the roadway from the opposite side of the road).

If a pedestrian is approaching traffic from a sidewalk that crosses an alley, private road, driveway, or building, approaching vehicles must yield the right of way.

If a crosswalk is equipped with traffic lights, pedestrians must only cross when they are facing a green light (unless that signal is a sole green arrow). If the intersection is equipped with a pedestrian control signals, the pedestrian may only cross when facing a “Walk” signal.

Pedestrians must yield the right of way to vehicles any time they are attempting to cross anywhere other than a marked crosswalk or unmarked crosswalk located at an intersection.

§ 552.005 (b) of the Texas Transportation Code states that “Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.” This means that pedestrians are still free to cross the street (when safe) at any point between intersections if at least one of the two adjacent intersections is not controlled by a signal. If both adjacent intersections are equipped with traffic lights, the pedestrian must only cross at the intersection.

While some drivers may consider crossing between intersections as jaywalking, Texas law clearly states otherwise. At the same time, some cities and municipalities may have enacted local ordinances which place additional rules on pedestrian crossings, so it is best to check with your local police department or city hall for any related ordinances.

The following sections from the Texas Transportation Code provide some additional clarification regarding the obligation of both pedestrians and drivers:

Sec. 552.001. TRAFFIC CONTROL SIGNALS.

1. 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.
2. 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.
3. 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.

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Sec. 552.002. PEDESTRIAN RIGHT-OF-WAY IF CONTROL SIGNAL PRESENT.

1. A pedestrian control signal displaying “Walk,” “Don’t Walk,” or “Wait” applies to a pedestrian as provided by this section.
2. 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.
3. 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.

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Sec. 552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK.

1. 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:
      1. on the half of the roadway in which the vehicle is traveling; or
      2. approaching so closely from the opposite half of the roadway as to be in danger.
2. 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.
3. 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.
4. 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.
5. A portion of the community service required under Subsection (d)(2) shall include sensitivity training.
6. 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:
      1. a device, including a brace, cane, crutch, prosthesis, or wheelchair; or
      2. another person.
7. 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 (H.B. 1343), Sec. 2, eff. September 1, 2009.

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Sec. 552.005.  CROSSING AT POINT OTHER THAN CROSSWALK.

1. 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.
2. Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.
3. 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.

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Sec. 552.008. DRIVERS TO EXERCISE DUE CARE.

1. 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.

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If you’ve been injured while crossing a roadway and are unsure of how the law applies in your situation, give us a call at 1-877-405-4313. We’re happy to provide a free consultation over the phone (or email), and can let you know exactly what your options are moving forward.

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