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  • Writer's pictureRobert Schuerger

What Happens If You Hit a Pedestrian Jaywalking in Texas? | Schuerger Shunnarah Trial Attorneys

With the growing population in the US and increased traffic, prioritizing pedestrian safety is more important than ever. Unfortunately, jaywalking is all too common in Texas and can have serious consequences.

According to the Texas Department of Transportation, the state has one of the highest pedestrian fatalities in the country, with 843 deaths recorded in 2021.

When a pedestrian is hit by a car on a busy road, the driver is often at fault for the accident. However, whether or not the victim was jaywalking at the time of the crash can play a significant role in determining liability.

What If a Pedestrian Crosses an Unmarked Crosswalk?

What If a Pedestrian Crosses an Unmarked Crosswalk?

Under Texas law, pedestrians must use marked crosswalks when available. If a pedestrian is jaywalking outside of a marked intersection or crossing the street in an area where pedestrian crossing is prohibited, they could risk being cited by law enforcement.

The state requires motorists to give pedestrians the right-of-way when crossing a marked or unmarked crosswalk.

On top of that, the driver is responsible for the pedestrian accident if the injured plaintiff is hit inside a marked crosswalk. In such situations, the victim can file a personal injury claim against the motorist. Note that the automobilist can also dispute the claim and report jaywalking instead.

However, in the case of jaywalking accidents, Texas law operates on a modified comparative negligence system. This means that if both parties were negligent in some way, the compensation amount is reduced by the percentage of the victim's responsibility.

Can Partially Liable Victims Recover Damages from a Jaywalking Accident?

Pedestrian accidents are becoming more common, and while many are due to driver negligence, it's important to remember that pedestrians can also contribute to these crashes.

Texas is a modified comparative negligence state, which means that a victim's recovery is reduced if they are partially at fault for the accident.

However, if a plaintiff's liability is less than 51%, they can still recover damages. As a result, if the claimant is 40% at fault for the accident, they can still recover 60% of the settlement.

Pedestrians have to use marked or unmarked crosswalks at intersections. If there is a pedestrian crossing signal, the passerby must only cross the road when the traffic signals indicate it is safe to do so.

If there is no sign, pedestrians must yield the right-of-way to vehicles on the road. Under Texas jaywalking laws, illegally crossing the street could result in hefty fines.

The Penalties for a Jaywalking Pedestrian in Texas

Texas pedestrian laws promote safety for both motorists and pedestrians. Jaywalking in Texas is a traffic violation, and pedestrians must comply with the same laws as drivers.

When crossing a roadway, pedestrians must follow traffic signals and yield the right-of-way to motorists when necessary. If a pedestrian chooses to jaywalk, they risk facing penalties and fines. In Texas, the fine for jaywalking can range from $20 to $160. Contact for questions like, "Do pedestrians always have the right of way in Texas?"

Additionally, if the plaintiff resists tickets or ignores paying the amount due, they could face up to six months in jail.

It is essential for individuals who may have received a jaywalking ticket to consult with experienced pedestrian accident attorneys who can help defend their case and potentially reduce the costs.

The penalties can be much more severe in extreme cases where the jaywalker causes a pedestrian accident or injury. If pedestrians' actions injure themselves or others, they could face an increased fine of up to $1,000.

It is important for pedestrians to follow traffic laws and use stop-sign intersections when entering roadways.

If there is no designated crosswalk nearby, they should take extra caution in crossing the street and yield the right-of-way to drivers. Motorists also have a responsibility to watch for pedestrians and follow traffic laws.

Is Jaywalking Illegal in Texas?

The consequences of jaywalking can be tragic for the jaywalker and any drivers involved. In Texas, jaywalking is illegal, and the penalties are costly. Failing to yield the right-of-way can cause terrible car accidents involving one or many casualties.

Pedestrians must always walk on crosswalks with visible painted lines and wait at T-intersections. On the other hand, auto motorists have a duty to pay attention to the traffic lights and refrain from driving recklessly on busy roads.

Why Is Jaywalking Illegal in Texas?

Why Is Jaywalking Illegal in Texas?

Jaywalking is a common term for disregarding traffic signals or crossing the street recklessly. In Texas, it is illegal, and those who violate the law can face severe penalties and fines. However, why is jaywalking illegal in Texas, and what are the consequences of doing so?

Pedestrian accidents are way too common in this state, with many statistics reporting increased cases of road accidents yearly. The strict laws in Texas are there for a reason, but it still doesn't deter people from illegally crossing roads.

Jaywalking is not only a violation of the law, but it also poses a significant risk to the safety of individuals.

When pedestrians fail to use crosswalks or wait for traffic signals, they put themselves in danger by crossing busy roads without proper precautions. They may also cause drivers (who are yielding the right-of-way) to swerve or come to abrupt halts, which could result in accidents.

As mentioned above, anyone caught jaywalking in Texas has to pay a fine between $20 and $160. However, the amount can increase (up to $1,000) for resisting tickets, not paying the penalties, or committing the offense repeatedly. In some cases, violators could face up to six months in jail.

Final Words

It is essential to understand that jaywalking laws are in place to keep pedestrians safe and reduce the number of accidents in Texas. Schuerger Shunnarah Trial Attorneys can also help with questions such as "When does a driver have to yield to a pedestrian?"

Taking the necessary precautions, such as using designated walkways, obeying traffic signals, and yielding the right-of-way, can help individuals avoid penalties and fines for jaywalking.

Pedestrians involved in a car accident scene can file a personal injury claim against the at-fault driver, especially if they were crossing a controlled intersection with painted lines.

An experienced personal injury attorney can help the plaintiff secure maximum compensation from the liable party's insurance company. Schuerger Shunnarah Trial Attorneys offers free consultation sessions for victims to talk to qualified lawyers without financially committing.

Boasting "We Go to War for You" as its mission statement, this law firm can help plaintiffs secure reimbursement for bodily injury and property damage.


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