Traffic Tip: Yield right-of-way to pedestrian at crosswalk

By David Brogger
Dec. 30, 2012 at 6:30 a.m.

This week's traffic tip is in regards to the Texas Transportation Codes 552.003 and 552.005.

Sec. 552.003. Pedestrian right of way at crosswalk. (a) The operator of a vehicle shall 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 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1272, Sec. 2, eff. Sept. 1, 2009.

Sec. 552.005. Crossing at point other than crosswalk. (a) A pedestrian shall yield the right of way to a vehicle on the highway if crossing a roadway at a place:

(1) Other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or

(2) Where a pedestrian tunnel or overhead pedestrian crossing has been provided.

(b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.

(c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Why this specific code and how does it relate to driving in Victoria?

I have had a specific request for the Traffic Safety Tip this week regarding pedestrians and when or where they may cross roadways. So, "Hazel," this one is for you. I hope this answers your questions, and thanks for your inquiry into this matter.

The Victoria Police Department Traffic Safety Unit invites citizens to inform us of any traffic issues that you observe. The easiest way to do this is go to our website,, then go to the VPD Customer Service Request tab in the center of the page and follow the directions.

If you have a traffic law question, contact Senior Police Officer David Brogger, Victoria Police Department Traffic Safety Unit, 361-485-3700.



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