Auto or Pedestrian: Who has the Right of Way?

April 9, 2024
(832) 592-1108

Auto/ Pedestrian – Who has the right of way? 

We are often asked whether pedestrians or cars have the right of way on pathways and at intersections.

Many trails or pathways which cross intersections have stop signs. Pedestrians and bicyclists must obey these signs when they come to an intersection. 

When approaching an intersection, pedestrians should always stop and look both ways before crossing the intersection. If there is a traffic control device, pedestrians should always wait for the “walk” light to be illuminated before proceeding.

Pedestrians, cyclists, and runners should slow down to allow enough time when nearing an intersection that is not controlled by a traffic signal.  
Sidewalk with Pedestrian Warning in The Woodlands, Texas

Unless the walk light is illuminated, the driver has the right of way at intersections which are controlled by signals.


However, if there is a pedestrian already in the crosswalk when the driver is beginning to proceed through the intersection, the driver must  stop and yield to the pedestrian.


Drivers turning right on red must yield to pedestrians.


Too often, drivers make a quick right turn or a rolling stop without checking for pedestrians who are beginning to cross with the walk light. Drivers turning right should always stop and look for

pedestrians on the corners waiting to cross. Those pedestrians with the walk light have the right of way.


Drivers turning left on a flashing yellow light must also yield to pedestrians crossing with an illuminated walk light.


Drivers may be turning left across crosswalks when pedestrians have the “walk” light and therefore the right of way. This is particularly dangerous because the driver attempting to turn left is

looking ahead for a break in the traffic and often proceeds quickly through the intersection.

Pedestrians should be looking for drivers making left hand turns and drivers making a left hand turn

on yield should watch not only for vehicles, but also for pedestrians crossing the intersection.

Vehicle turning left across crosswalk with lit crossing sign

If you or a family member has suffered an auto-pedestrian injury, contact Wham & Rogers for a free consultation.

(832) 592-1108
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The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 

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