O'Hara Law Firm
When Does a Pedestrian Have the Right of Way?
A woman was jogging in Pearland this morning when she was hit by a truck. The woman was taken to the hospital in critical condition. Witnesses report the truck had a green light when it struck the woman crossing the street. Under what circumstances does a pedestrian have the right away on the road?
Traffic Control Signals
A pedestrian is required to follow the same traffic signals as vehicles if there is no special pedestrian control signal. When there is a pedestrian control signal, the pedestrian is required to follow that signal. When the signal displays “Walk,” the pedestrian may walk towards the signal. The operator of a vehicle must yield the right-of-way to the pedestrian. A pedestrian may not start to cross a roadway in the direction of “Don’t Walk” or “Wait.”
Operators of vehicles must remember that they must yield to pedestrians with a “Walk” signal even when they have the green light. This scenario reminds me of a client I represented who was injured as a pedestrian when crossing the street with a “Walk” signal. The driver of the vehicle had a green left arrow and took the turn without checking for any pedestrians. The driver was found responsible for hitting my client because my client had a “Walk” signal.
Crosswalk with No Control Signals
If there is no control signal, a vehicle is supposed to yield to a pedestrian crossing the street at a crosswalk. In addition, it is against the law for an operator of a vehicle to attempt to pass a vehicle that is stopped for a pedestrian. However, a pedestrian is not supposed to leave a curb when a vehicle is so close that it would not be possible for the operator of the vehicle to yield.
Crossing at Point other than Crosswalk
When a pedestrian is not crossing at a crosswalk, the pedestrian must yield the right-of-way to the vehicle.
If you have been injured in an accident, contact O'Hara Law Firm.