Transportation Code § 552.003 – Pedestrian Right-of-Way at Crosswalk

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 552.003 Summary
• Purpose of Transportation Code § 552.003
• Real-World Example of Transportation Code § 552.003
• Related Statutes
• Case Law Interpreting Transportation Code § 552.003
• Why Transportation Code § 552.003 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS

Exact Statute Text

Click to view the complete statute text

PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK. (a) The operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:

(1) no traffic control signal is in place or in operation; and

(2) the pedestrian is:

(A) on the half of the roadway in which the vehicle is traveling; or

(B) approaching so closely from the opposite half of the roadway as to be in danger.

(b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to stop and yield.

(c) The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.

(d) If it is shown on the trial of an offense under Subsection (a) that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a visually impaired or disabled person, the offense is a misdemeanor punishable by:

(1) a fine of not more than $500; and

(2) 30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.

(d-1) A portion of the community service required under Subsection (d)(2) shall include sensitivity training.

(e) For the purposes of this section:

(1) “Visually impaired” has the meaning assigned by Section 91.002, Human Resources Code.

(2) “Disabled” means a person who cannot walk without the use or assistance of:

(A) a device, including a brace, cane, crutch, prosthesis, or wheelchair; or

(B) another person.

(f) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.

Transportation Code § 552.003 Summary

This Texas statute outlines the rules governing a vehicle operator’s duty to yield the right-of-way to pedestrians in crosswalks. The law requires drivers to stop and give way to pedestrians when no traffic control signal is present and the pedestrian is either on the driver’s side of the road or so close from the opposite side as to be in danger. However, the statute also places a responsibility on pedestrians, stating that they cannot suddenly enter a crosswalk if a vehicle is too close to stop safely. Furthermore, it prohibits drivers from passing another vehicle that has stopped at a crosswalk to allow a pedestrian to cross. The statute includes enhanced penalties, such as fines and community service with sensitivity training, for offenses under Subsection (a) that result in serious bodily injury or death to visually impaired or disabled individuals. It also provides definitions for “visually impaired” and “disabled” persons within this context and clarifies that an offense under this section may also be prosecuted under other applicable laws.

Purpose of Transportation Code § 552.003

The primary objective of this Texas transportation statute is to enhance pedestrian safety on public roadways, particularly in uncontrolled crosswalks. This legislation aims to prevent collisions between vehicles and individuals on foot by clearly defining the right-of-way rules, thereby fostering a predictable and safer environment for all road users. By mandating that vehicle operators stop and yield to pedestrians, especially when no traffic signals are present, the law seeks to protect the most vulnerable individuals in traffic. The inclusion of heightened penalties for harm to visually impaired or disabled persons underscores a legislative intent to provide special protection for those who may have reduced ability to react to traffic. Essentially, this rule exists to reduce accidents, promote respectful sharing of the road, and hold drivers accountable for their role in safeguarding pedestrian lives.

Real-World Example of Transportation Code § 552.003

Consider a scenario in a busy Texas town where Sarah is walking to a local park. She approaches an unmarked crosswalk in a residential area, where there are no traffic lights or stop signs. As Sarah steps off the curb and is halfway across the first lane of traffic, a car driven by Mark approaches. According to Transportation Code § 552.003(a), Mark, the operator of the vehicle, *must* stop and yield the right-of-way to Sarah because she is already on his half of the roadway in the crosswalk and no traffic signal is in operation.

If Mark fails to stop and collides with Sarah, he would likely be in violation of this statute. Conversely, if Sarah had suddenly darted into the crosswalk from the curb just as Mark’s vehicle was too close to stop safely, Subsection (b) of the statute might apply, suggesting that Sarah also had a responsibility to not create an impossible stopping situation for Mark. Lastly, if Mark had stopped for Sarah, and another driver, John, attempted to pass Mark’s stopped vehicle to continue driving, John would be in violation of Subsection (c) of this statute, regardless of whether a collision occurred.

Related Statutes

While Transportation Code § 552.003 specifically addresses pedestrian right-of-way at crosswalks, several other statutes in the Texas Transportation Code are relevant and often referenced in conjunction with it:

• Transportation Code § 552.001 – Pedestrian’s Right-of-Way Generally: This broader statute establishes a general right-of-way for pedestrians on sidewalks and crosswalks but also defines areas where pedestrians must yield to vehicles. It provides context for the specific rules of § 552.003.
• Transportation Code § 552.002 – Pedestrian’s Right-of-Way at an Intersection: This section outlines pedestrian right-of-way rules at intersections specifically where traffic control signals are in place, complementing § 552.003 which covers crosswalks *without* such signals.
• Transportation Code § 552.004 – Pedestrian’s Right-of-Way on Sidewalk: This statute clarifies that a driver emerging from an alley, building, private road, or driveway must yield the right-of-way to a pedestrian on a sidewalk.
• Transportation Code § 552.005 – Pedestrian’s Use of Crosswalk: This section details when pedestrians must use a crosswalk and when they are prohibited from crossing a roadway at certain points, which can be critical in determining liability if a pedestrian is hit outside a designated crosswalk.
• Human Resources Code § 91.002 – Visually Impaired Person: This code section provides the specific definition of “visually impaired” that is directly referenced and incorporated into Transportation Code § 552.003(e)(1), clarifying who qualifies for the enhanced protections.
• Penal Code (Various Sections): As stated in subsection (f), if a driver’s conduct violating § 552.003 also constitutes an offense under the Penal Code (e.g., criminally negligent homicide, assault), they may be prosecuted under those additional statutes.

Case Law Interpreting Transportation Code § 552.003

While this specific statute is frequently cited in traffic stops and criminal cases involving collisions, cases specifically interpreting the nuances of Transportation Code § 552.003 are less common in published appellate decisions than its straightforward application. However, courts often reference its principles when determining a driver’s or pedestrian’s duty of care. For example, in the case of *Mendez v. State*, 477 S.W.3d 405 (Tex. App.—Houston [1st Dist.] 2015, pet. ref’d), an appeal of an intoxication manslaughter conviction, the court discussed how jury instructions included the duty of a driver to yield to a pedestrian under a version of this statute, illustrating its role in defining the standard of care.

For a broader understanding of how Texas courts address this statute and related traffic laws, you can explore general search results on Google Scholar for cases referencing “Transportation Code 552.003 Texas”.

Why Transportation Code § 552.003 Matters in Personal Injury Litigation

Transportation Code § 552.003 plays a critical role in Texas personal injury litigation involving pedestrian accidents. This statute establishes a clear legal standard of care for drivers concerning pedestrians in crosswalks, which is fundamental to proving negligence.

1. Establishing Negligence Per Se: If a driver violates Subsection (a) by failing to stop and yield to a pedestrian in an unmarked crosswalk, and that violation directly causes an injury, the driver may be found negligent “per se.” This means that the mere violation of the statute can be sufficient evidence of negligence, simplifying the plaintiff’s burden of proof regarding the driver’s duty and breach.
2. Comparative Fault Defense: Subsection (b) provides a crucial defense for vehicle operators. If a pedestrian suddenly leaves a curb and proceeds into a crosswalk so close to an approaching vehicle that it’s impossible for the driver to stop, the driver’s attorney can argue the pedestrian was partially or wholly at fault for the accident. Texas follows a modified comparative fault system, meaning a pedestrian’s recovery can be reduced or barred if they are found to be more than 50% responsible for the incident.
3. Causation and Damages: A successful personal injury claim requires proving that the driver’s violation of this statute directly caused the pedestrian’s injuries. Evidence of a driver’s failure to yield helps plaintiffs recover compensation for medical expenses, lost wages, pain and suffering, and other damages incurred due to the collision.
4. Special Protections for Vulnerable Victims: The enhanced penalties outlined in Subsections (d) and (d-1) for injuries or death to visually impaired or disabled individuals highlight the legislative intent to offer increased protection to these vulnerable groups. While these are criminal penalties, their existence can influence civil juries and settlement negotiations by underscoring the higher duty of care expected when such individuals are involved.
5. Evidence in Police Reports: Often, police reports following a pedestrian-vehicle collision will cite whether a driver or pedestrian violated specific sections of the Transportation Code, including § 552.003. Such citations can serve as important initial evidence in building a personal injury case.

For both plaintiffs and defendants in Texas, understanding the precise requirements and limitations of Transportation Code § 552.003 is essential for building a strong legal strategy in any pedestrian accident personal injury claim.