Who has the right of way at a marked crosswalk - a pedestrian or a vehicle?
Essentially, when a pedestrian is in the crosswalk, vehicles must yield the right of way to the pedestrian. However, a pedestrian may not proceed into a crosswalk, from a safe location, when vehicular traffic is in such proximity that it is impossible for the vehicle to stop.
The law requires vehicles, on the half of the roadway on which a
pedestrian is using a crosswalk, to yield the right of way to the
pedestrian. Additionally, vehicles on the opposite side of the roadway,
going in the opposite direction, must yield the right of way to the
pedestrian once the pedestrian reaches a point in the crosswalk where he
or she is in such proximity to that half of the roadway, as to be in
What about pedestrians that choose to cross roadways at locations other than designated crosswalks?
The pedestrian, then, must yield the right-of-way to vehicular traffic
on the roadway. The Texas Transportation Code (Sec. 5528), though,
requires vehicle operators to exercise due care to avoid hitting
pedestrians on the roadway.
Are the laws different for crosswalks at intersections with pedestrian signals?
Yes. If control signals are present, pedestrians must wait until the
signal gives the walk signal, before proceeding into the crosswalk.
While in the crosswalk, pursuant to the walk signal, the pedestrian has
the right-of-way. A pedestrian may not enter a crosswalk contrary to a
Don't Walk or Wait signal. If a pedestrian is in a crosswalk pursuant to
a walk signal and the signal changes to Don't Walk or Wait, the
pedestrian must proceed to a sidewalk or safety island.
What about an unmarked crosswalk at an intersection?
Unmarked crosswalks do exist at street intersections. In unmarked
crosswalks, pedestrians must yield the right-of-way to vehicles.