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Law Office of Richard J. Presutti
  • Home
  • About Our Firm
    • Presutti, Richard J.
    • Presutti, Anthony T.
    • Smith, Meredith M.
    • Whitehead, Sarah M.
  • Practice Areas
    • Motor Vehicle Accidents
      • Motorcycle Accidents
      • Trucking Accidents
      • Distracted Driving Accident
      • Pedestrian & Bicycle Accidents
      • Head-on/Rear-end Collisions
      • Uninsured/Underinsured Motorist Accidents
    • Personal Injury
      • Catastrophic Injuries
      • Slip and Fall Accidents
      • Premises Liability
      • Defective Product
      • Wrongful Death
    • Oil Field/Refinery Accidents
  • Blog
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  • Contact Us
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Attorney Richard J. Presutti
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  5. What are the biggest myths about pedestrian rights?

What are the biggest myths about pedestrian rights?

On Behalf of Law Office of Richard J. Presutti, P.C. | Mar 3, 2025 | Bicycle And Pedestrian Accidents

Many people assume that pedestrians have the right of way in all situations, but this belief is not entirely accurate. While drivers must yield to pedestrians in crosswalks, pedestrians also need to follow traffic signals and use designated crossings when available. Walking into traffic without paying attention to signals or vehicles can make pedestrians responsible for an accident.

Jaywalking is illegal everywhere

Many believe jaywalking is illegal in all situations, but Texas law allows pedestrians to cross outside of marked crosswalks unless a traffic control device prohibits it. However, pedestrians must yield to vehicles when crossing at unmarked locations and should only cross when it is safe to do so. Texas Transportation Code also requires pedestrians to use crosswalks at intersections with traffic signals. Violating these rules can result in fines and increased risk of accidents.

Crosswalks provide complete safety

Marked crosswalks improve pedestrian safety, but they do not eliminate all risks. Many drivers fail to yield, especially at intersections without traffic signals. Pedestrians should check for oncoming vehicles and make eye contact with drivers before crossing to confirm visibility.

Pedestrians cannot be held liable for accidents

Some assume that drivers bear full responsibility for pedestrian accidents, but pedestrians can also cause collisions. Running into the street unexpectedly, crossing against traffic signals, or walking while distracted can make a pedestrian legally responsible for an accident. Both drivers and pedestrians must follow traffic laws to avoid collisions.

Distracted walking is not dangerous

Most discussions focus on the dangers of distracted driving, but distracted walking also contributes to accidents. Using a phone while crossing the street, listening to loud music, or ignoring surroundings can increase the risk of an accident. Staying alert near roads plays a critical role in pedestrian safety.

Learning about pedestrian rights and responsibilities helps prevent accidents. Following traffic laws, staying aware, and practicing safe habits benefit both pedestrians and drivers. Traffic safety requires cooperation, and awareness reduces accidents and injuries.

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Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

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