The simplest answer is yes. Jaywalking is illegal in Texas.
Jaywalking is entering a roadway at a location other than a crosswalk. The danger of jaywalking is that drivers do not have a duty to yield to pedestrians on the street as they do at an intersection. There are no stop signs or traffic lights to slow down a driver and prevent an injury to the jaywalking pedestrian in such a situation. Jaywalking can only happen when entering the road outside of the intersection. Thus, if a pedestrian is hit in a parking lot or similar area that is not a roadway, the driver cannot claim you were jaywalking.
How Does Texas Protect Pedestrians?
Texas has several laws intended to protect pedestrians on the roadways. These include:
Pedestrian Right of Way at Intersection – Drivers must yield the right of way to pedestrians in all crosswalks, marked and unmarked. Marked crosswalks are identifiable by their white painted lines. These can be seen, for example, at traffic lights and some stop signs. Even at an unmarked intersection, however, a driver is required to yield the right of way to a pedestrian. These intersections include most stop and yield signs and T-intersections, and street crossings with no traffic sign or light. Pedestrians may use unmarked intersections without being considered to be jaywalking.
Pedestrian Right of Way at Gap in Roadway – If there is a gap in the sidewalk, such as an alley or driveway, a pedestrian crossing there retains the right of way.
Pedestrians and Traffic Signals – Pedestrians must obey all traffic signals. This obligation includes regular traffic lights and pedestrian-special lights (“walk lights”). They must also follow all pedestrian control traffic signs. Pedestrians who do not obey these signals and signs lose their right of way privilege.
Pedestrians Must Use Crosswalks When Available – Pedestrians must use any available marked crosswalk, even if their destination is in the middle of the street. Failure to talk the time to use the marked crosswalk causes the pedestrian to lose the right of way.
What Happens if I Get Hit and Didn’t Follow the Rules?
If you were knowingly jaywalking or disobeying a traffic sign or signal, you would have, as noted above, forfeited your pedestrian’s right of way. This forfeiture means that the driver who hit you may have a much easier time proving that your own negligence is sufficient to bar you from recovery under Texas’ comparative negligence statutes. To the extent the court finds you to be 50% or less at fault, your damages will be proportionately reduced. If you are more than 50% at fault, you will not be able to recover.
Penalties for Jaywalking
Usually, when someone is stopped for jaywalking, the officer will “educate” the jaywalker about the applicable law. Most often, this education will be the extent of the penalty. However, it is possible to receive a ticket, and the fines may range from $20 to $160.
Contact a Travis County Jaywalking Attorney Today
If you or a loved one have been accused or arrested for jaywalking and complications have ensued, contact a criminal defense attorney today. Our legal team at Granger and Mueller PC is ready to help.
