Who Has the Right-of-Way at an Unmarked Crosswalk in Houston?

Pedestrian safety is a serious concern in Houston, where busy streets, heavy traffic, and distracted drivers all contribute to a high risk of accidents. One area of frequent confusion is unmarked crosswalks. Many pedestrians and drivers alike are unsure of who has the right-of-way, and misunderstandings can lead to accidents that result in serious injuries. If you’ve been involved in a pedestrian accident, understanding Texas law and the responsibilities of both drivers and pedestrians is essential to protecting your rights.

At McLemore, Reddell, & Story, P.L.L.C., our Houston motor vehicle accident lawyers help injured pedestrians and drivers navigate the aftermath of collisions, ensuring that their legal claims are pursued effectively. Here’s what you need to know about right-of-way at unmarked crosswalks in Houston and Texas.

What Is an Unmarked Crosswalk?

An unmarked crosswalk is a crossing point at an intersection where no painted lines indicate a pedestrian walkway. While marked crosswalks are clearly visible with white or yellow stripes, unmarked crosswalks are defined by law. In Texas, every intersection, unless specifically restricted, is considered to have a crosswalk between the sidewalks on opposite sides of the street, regardless of whether it is marked or not. This means pedestrians are legally allowed to cross the road at these intersections even if there are no painted lines.

Pedestrians may also cross at mid-block locations where it is safe to do so, provided they yield to vehicles that are already on the roadway. However, Texas law prohibits pedestrians from crossing the street between adjacent intersections at which traffic control signals are in operation, creating some confusion regarding when pedestrians may lawfully cross the street outside of a crosswalk. Understanding these distinctions is critical when determining fault in an accident.

Texas Law on Right-of-Way

Under Texas Transportation Code §552.002, drivers are required to yield the right-of-way to pedestrians who are in a crosswalk, whether marked or unmarked. This means that if a pedestrian is crossing the street at an intersection, even if there are no visible lines, the driver must slow down or stop to allow the pedestrian to safely cross. This rule applies regardless of whether a traffic control signal is present or not. Drivers must yield to pedestrians who are “on the same half of the roadway in which the vehicle is traveling” or “approaching so closely from the opposite half of the roadway as to be in danger.”

Pedestrians also have responsibilities under Texas law. They must exercise ordinary care for their own safety and avoid suddenly leaving a curb or other place of safety into the path of a vehicle that is so close it is impossible for the driver to yield. Both parties, drivers and pedestrians, are expected to act responsibly, but the law places a strong emphasis on protecting those on foot.

Common Misconceptions

One of the biggest misconceptions is that pedestrians only have the right-of-way at marked crosswalks. In fact, unmarked crosswalks carry the same legal protection. Drivers who claim they “didn’t see the crosswalk” or “it wasn’t painted” cannot avoid liability simply because the crosswalk is unmarked.

Another common misconception is that pedestrians always have the right-of-way, regardless of circumstances. While the law favors pedestrian safety, pedestrians must still exercise caution, especially in areas where traffic is heavy or vehicles are moving at high speeds.

Why Right-of-Way Disputes Are Complex

Accidents at unmarked crosswalks can become legally complex for several reasons:

1. Multiple parties may be involved. A driver may claim a pedestrian darted into the street suddenly, while the pedestrian may argue the driver was speeding or distracted. Witnesses often provide conflicting accounts.

2. Evidence is critical. Determining who had the right-of-way often requires reviewing surveillance footage, traffic camera data, police reports, and witness statements. Vehicle damage and pedestrian injuries can also provide clues about the events leading up to the accident.

3. Insurance companies may dispute liability. Insurers sometimes try to reduce their payout by claiming shared fault or arguing that the pedestrian failed to exercise caution. In Texas, your potential compensation can be reduced if you are partially at fault, even at an unmarked crosswalk, so accurate documentation is key.

Tips for Pedestrians and Drivers

While accidents can happen, both pedestrians and drivers can take steps to reduce risk:

• For pedestrians: Always make eye contact with drivers before stepping into the street, cross at intersections whenever possible, and avoid distractions like phones or headphones while walking.

• For drivers: Slow down near intersections, be vigilant for pedestrians even if a crosswalk is unmarked, and avoid distractions such as texting or adjusting the radio while driving.

How a Houston Personal Injury Lawyer Can Help

If you are injured in a pedestrian accident, it’s important to consult with an experienced personal injury attorney. At McLemore, Reddell, & Story, P.L.L.C., our lawyers understand the nuances of Texas right-of-way laws and can help you gather evidence, document your injuries, and pursue compensation for medical bills, lost wages, pain and suffering, and more.

Navigating right-of-way disputes requires careful investigation and strong advocacy. Whether the accident involves a simple fender-bender or a catastrophic injury, our team is prepared to take the necessary steps, including negotiating with insurance companies or taking the case to trial, to protect your rights.

Get Help After a Houston Pedestrian Accident

Accidents at unmarked crosswalks may seem straightforward, but they often involve complex legal and factual questions. Understanding your rights and responsibilities is crucial, and having a knowledgeable attorney on your side can make all the difference.

If you or a loved one has been injured while walking in Houston or elsewhere in Texas, contact McLemore, Reddell, & Story, P.L.L.C., today for a free consultation. Our experienced personal injury attorneys will evaluate your case, explain your options, and fight to secure the compensation you deserve.