Is Jaywalking Legal in Texas?

Pedestrians should walk at designated crosswalks where possible. If there are no crosswalks nearby, pedestrians generally need to yield to vehicles and cross the street with extreme caution. While Texas does not use the precise term “jaywalking,” pedestrians who fail to follow Texas’ right-of-way laws can be charged with a traffic offense.

Our pedestrian accident lawyer represents victims and families (if a pedestrian accident is fatal) when a car driver’s negligence injures or kills a pedestrian. In Texas, whether a pedestrian who jaywalks can file an accident claim is normally determined by Texas’s comparative negligence law. In Texas, a pedestrian who jaywalks and is struck by a car can still seek damages if the pedestrian was less than 51 percent responsible for the accident, though the damage award will be reduced by the pedestrian’s degree of fault.

How dangerous are pedestrian accidents in San Antonio?

According to preliminary estimates from the Texas Department of Transportation, 768 pedestrians were killed in 2024. According to the City of San Antonio, 83 pedestrians died, and 168 pedestrians suffered serious injuries in the San Antonio area in 2024. One study found that San Antonio is the seventh deadliest city for pedestrians nationwide.

The City of San Antonio announced on November 17, 2025, that it was launching a new public safety initiative, ‘Keep Crossings Safe,’ to address driver and pedestrian safety along three High-Injury Network corridors: Zarzamora Street, Fredericksburg Road, and W.W. White Road.

What are Texas’s right-of-way laws?

Texas has several laws that regulate pedestrians and drivers.

Sec. 552.002. Pedestrian or sidewalk user right-of-way if a control signal is present.

• Pedestrians must obey pedestrian control signals indicating when to cross or not cross a roadway.
• Drivers must yield to pedestrians who are lawfully crossing in accordance with pedestrian control signals.
• Pedestrians should not walk if the signal displays a “Don’t Walk” signal or a “Wait” signal.

Sec. 552.003. Pedestrian right-of-way at crosswalk.

Drivers shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if there is no traffic control signal and the pedestrian is:

• On the 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 should not suddenly leave a curb or other safe place and “proceed into a crosswalk in the path of a vehicle so close that the vehicle operator can’t stop and yield.”

A driver in the rear of a vehicle stopped at a crosswalk so a pedestrian can cross the street cannot pass the stopped vehicle.

Violations of this statute can result in a fine against the driver of up to $500 and community service.

Sec. 552.004. Pedestrians are to keep to the right.

Pedestrians should walk on the right half of a crosswalk if possible.

Sec. 552.005. Crossing at a point other than the crosswalk.

Pedestrians may cross outside a crosswalk in Texas, but they must yield the right-of-way to vehicles when crossing outside a marked or unmarked crosswalk. Crossing between adjacent intersections with operating traffic signals generally must be done in a crosswalk.

Otherwise, pedestrians should yield the right-of-way to a vehicle on the highway if crossing a roadway at a place other than in a marked crosswalk or in an unmarked crosswalk at an intersection.

Sec. 552.006. Use of the sidewalk. Generally, pedestrians shouldn’t walk on roadways if there are accessible sidewalks. If there is no sidewalk, this statute regulates when and how pedestrians can use the roadway or the shoulder of the road.

What is jaywalking?

Jaywalking generally refers to walking across a street at a point other than an intersection. Jaywalking may also include:

• Walking diagonally across an intersection
• Walking outside of the crosswalk
• Crossing without yielding the right-of-way
• Ignoring pedestrian signals, such as a “Don’t Walk” or “Wait” sign

What are the penalties for jaywalking in Texas?

While the term “jaywalking” is not used, pedestrians who fail to obey the above traffic laws can receive traffic citations. Pedestrians who violate Texas traffic laws may receive a citation, typically a Class C misdemeanor traffic offense, which may carry a fine that varies by statute or local ordinance. The penalty depends on the specific violation.

The right of pedestrians to file a personal injury claim in Texas

A pedestrian who is injured by a driver while crossing a street can file a personal injury claim. If the pedestrian dies, the family of the pedestrian can file a wrongful death claim.

To be successful, the pedestrian must be able to show that the driver was negligent. Examples of driver negligence include failing to yield, speeding, driver distraction, drunk driving, and driver fatigue.

Texas uses comparative negligence to assess the degree of fault of the driver and the pedestrian when both are at fault, which is usually the case when a pedestrian jaywalks. In Texas, an injured pedestrian may recover damages if the pedestrian’s percentage of responsibility is 50 percent or less. Recovery is barred if the pedestrian is more than 50 percent responsible for the accident.

If the pedestrian is 50 percent or less responsible, the pedestrian may still recover damages, though the recovery will be reduced by the pedestrian’s percentage of fault.

An example of comparative negligence is if a pedestrian jaywalks

For example, if a pedestrian jaywalks but is struck by a drunk driver, then an insurance company or a jury may decide that the pedestrian was 25 percent at fault, and the driver was 75 percent at fault. If the value of the pedestrian’s claims is $400,000, then the pedestrian’s recovery will be reduced by 25 percent. This means that the pedestrian will receive $300,000.

Some of the factors that may help determine the degree of fault of the pedestrian and the driver include:

• The report of the police
• Any video footage
• The layout of the accident site
• Any observations by witnesses
• The damage to the vehicle
• Other relevant factors may also be considered

Speak with our San Antonio pedestrian accident lawyer today

Pedestrian accidents often cause catastrophic, permanent, or serious injuries. Some pedestrian accidents are fatal. At Pat Maloney: Accident & Injury Attorney, we can help investigate the accident and determine whether a driver’s negligence contributed to your injuries.

Please call us or fill out our online contact form to schedule a free consultation. We handle pedestrian accident cases on a contingency fee basis. We’re ready to fight for all the compensation you deserve.