Walking should be a simple way to get around our beautiful South Texas communities, whether you’re heading to a shop in McAllen or taking a stroll in Edinburg. However, the reality on our roads can be quite different. Every year, hundreds of pedestrians are injured or killed in Texas due to driver negligence. At the Law Office of Raul A. Guajardo, P.L.L.C., we believe that knowing your rights is the first step toward staying safe and ensuring justice if the unthinkable happens.

If you’ve been hurt while walking, you aren’t just a statistic; you’re a neighbor who deserves support. Understanding the specific laws that protect you is essential to navigating the aftermath of an accident.

The Law: Texas Transportation Code Chapter 552

Many people believe that the “pedestrian always has the right of way.” While drivers have a heavy burden of care, Texas law is actually a bit more nuanced. Under Texas Transportation Code Chapter 552, rights and responsibilities are shared between those on foot and those behind the wheel.

Right of Way at Crosswalks

Drivers are legally required to yield the right of way to a pedestrian crossing the roadway within a marked crosswalk or an unmarked crosswalk at an intersection. If the “Walk” signal is lit, you have the right to be there, and drivers must stop. However, if the “Don’t Walk” or “Wait” signal starts flashing while you are already in the street, you should proceed to a sidewalk or safety zone as quickly as possible.

Crossing Between Intersections

This is where things get tricky. If you are crossing a road at a point other than within a marked crosswalk or an unmarked crosswalk at an intersection, you must yield the right of way to vehicles. In legal terms, “jaywalking” isn’t just a ticketable offense; it can affect your ability to recover compensation if you are hit, as insurance companies may try to pin the liability on you.

Recent Changes: House Bill 1277

In the past, walking on the road was almost always considered a violation if a sidewalk was present. However, as of September 1, 2023, House Bill 1277 changed the game. Pedestrians in Texas are now legally allowed to walk on the roadway if the sidewalk is obstructed or unsafe (such as during construction or after a storm). This is a huge win for pedestrian rights, especially in developing areas of South Texas where sidewalks might suddenly end or be blocked by debris.

Special Protections for Vulnerable Neighbors

Texas law provides absolute right-of-way protections for blind pedestrians. If a person is using a white cane or a guide dog, drivers must come to a complete stop—no exceptions. This is a critical safety rule that saves lives every day in our busy intersections.

The 5-Minute Checklist: What to Do Immediately After a Texas Car Accident

Accidents happen in a heartbeat. Whether you were hit while walking or involved in a vehicle-to-vehicle collision, the minutes following the impact are some of the most critical for your physical and legal well-being. Here is a quick checklist to help you protect yourself.

1. Check for Injuries and Call 911

Your health is the priority. Even if you feel “fine,” the adrenaline can mask serious internal injuries. Call 911 immediately to get police and medical professionals to the scene. A formal police report is a cornerstone of any legal claim.

2. Move to Safety

If you are able, move out of the path of traffic. If you were a pedestrian hit by a car, do not try to “tough it out” and walk away. Stay put until help arrives unless you are in immediate danger of being hit again.

3. Capture the Scene (Evidence is King)

Use your phone to take photos and videos of:

• The position of the vehicles.
• The driver’s license plate.
• Any skid marks or debris on the road.
• The environmental conditions (Is the sun in the driver’s eyes? Is a stop sign obscured?).
• Your injuries.

4. Exchange Information (But Keep it Brief)

Get the driver’s name, insurance information, and phone number. Crucial Tip: Avoid saying “I’m sorry” or “I didn’t see you.” Even a polite apology can be twisted by insurance adjusters as an admission of fault.

5. Speak with a Pedestrian Accident Attorney in Texas

Before you sign anything from an insurance company or give a recorded statement, talk to a professional. Insurance companies are in the business of saving money, not paying out fair settlements.

Why You Need a Pedestrian Accident Attorney in Texas

Pedestrian accidents often involve catastrophic injuries because the human body is no match for thousands of pounds of steel. These cases are complex. A driver might claim you “darted out” into traffic, or the city might be liable for a malfunctioning signal.

By working with an experienced pedestrian accident attorney in Texas, you ensure that:

• Liability is established: We investigate the scene, check for local surveillance footage, and interview witnesses.
• Compensation is pursued: We look at medical bills, lost wages, and long-term pain and suffering.
• Your rights are protected: We handle the aggressive insurance adjusters so you can focus on healing.

Whether you were injured in Edinburg, Pharr, or San Antonio, the Law Office of Raul A. Guajardo, P.L.L.C. is here to stand by your side. We know the local roads, the local laws, and the local people.

If you or a loved one has been injured, don’t wait. Reach out to us at https://rguajardofirm.com for a friendly, no-pressure consultation. Let’s protect your rights together.