Under Texas Transportation Code Section 552.005, a pedestrian crossing a roadway at a point other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to approaching vehicles. This statute often becomes relevant in cases like this one, where reports indicate the pedestrian was crossing outside of a marked crosswalk. However, a pedestrian’s failure to yield does not eliminate a driver’s independent duty to drive safely and watch for people in the roadway. Comparative negligence principles under Texas law can still allow an injured pedestrian or their family to recover damages even if the pedestrian shares some fault.

Texas Transportation Code Section 552.008 requires every driver to exercise due care to avoid colliding with a pedestrian on a roadway, regardless of whether the pedestrian has the right-of-way. Drivers must also sound their horn when necessary and take extra precaution around children or people who appear confused or incapacitated. When a driver fails to keep a proper lookout, brakes late, or is otherwise inattentive, this duty of due care can form the basis of a negligence claim in a pedestrian crash. Families of pedestrians killed in these crashes may also have a wrongful death claim under Texas law.