Walking in an area without sidewalks can be dangerous, and if you have been hit by a vehicle in this situation, you may be wondering if you can sue. In many cases, the answer is yes. Texas law protects pedestrians, and the absence of a sidewalk does not automatically remove your right to seek compensation.
Even when pedestrians follow every safety rule, the risk remains high. In 2022, the U.S. Centers for Disease Control (CDC) reported 7,522 pedestrian deaths from traffic accidents, which is an average of one every 64 minutes. Many of these tragedies occurred in areas with no sidewalk.
With so many lives lost each year, it is critical to understand how to stay safe and what steps to take after an accident. In this guide, we will explain your legal rights, outline safety tips for walking in sidewalk-free zones, and share what to do if you are hit by a car in Texas.
Key Takeaways
- Drivers have a legal duty to watch for pedestrians, even when no sidewalk is available.
- Pedestrians should walk facing traffic and stay as far from the roadway as safely possible.
- Liability in accidents without sidewalks often depends on whether each party acted with reasonable care.
- Factors like lighting, weather, traffic speed, and visibility can affect fault determinations.
- State and local traffic laws may provide specific guidance on pedestrian and driver responsibilities.
- Even if a pedestrian is partly at fault, they may still recover damages under comparative negligence rules in many states.
- Seeking immediate medical care and documenting the scene are critical steps after an accident.
- An experienced personal injury attorney can help gather evidence, negotiate with insurers, and pursue fair compensation.
Understanding Pedestrian Safety in Sidewalk-Less Areas
Areas without sidewalks or locations with poorly maintained sidewalks force pedestrians to share the roads with motorcyclists, cars, and trucks. Unlike drivers, pedestrians have no protection against accidents, meaning injuries are often catastrophic. It requires both drivers and pedestrians to work together to stay alert and take steps to make the roads a safer place to be.
Why Sidewalk Absence Increases Risk
Sidewalk absence increases risk because it forces unprotected walkers to share the roads with drivers. Even a low-speed crash can result in permanent disability and death. It’s especially problematic on roads with higher speed limits, limited shoulder space, and a lack of lighting.
2025 Pedestrian Fatality Trends in the U.S. and Texas
Pedestrian deaths are now at their highest level in 40 years, according to National Public Radio (NPR). While other types of road traffic accidents have declined, pedestrian fatalities have continued to rise. Data from the Insurance Institute for Highway Safety (IIHS) shows an 83 percent increase in pedestrian deaths since their lowest point in 2009.
The National Highway Traffic Safety Administration (NHTSA) reports that 67,336 pedestrians were injured in motor vehicle accidents in 2022. The National Safety Council also found that alcohol consumption was a factor in 43 percent of fatal pedestrian crashes.
So how does Texas compare? The Texas Department of Transportation recorded 5,924 pedestrian-related crashes in 2023, resulting in 808 deaths and 1,457 serious injuries. According to the State of Texas Open Data Portal, pedestrians account for one in six roadside fatalities, while cyclists make up one in 50.
Optimal Walking Strategies Without Sidewalks
Dealing with no sidewalks doesn’t mean the end of your journey, but it means exercising caution and being aware of what’s going on around you. Understanding the right way to walk on roads without available sidewalks ensures you’ll reach your destination safely and soundly.
Choosing the Correct Side of the Road
Whether required by law or recommended for safety, pedestrians should always walk on the left side of For both safety and legal compliance, pedestrians in Texas should walk on the left side of the road, facing oncoming traffic. This position allows you to:
- See vehicles approaching
- React quickly in emergencies
- Make eye contact with drivers
The National Highway Traffic Safety Administration (NHTSA) and many state laws, including Texas, recommend or require this practice whenever sidewalks are not available.
Under Texas Transportation Code § 552.006, pedestrians must:
- Use sidewalks when they are available and safe.
- If no sidewalk exists, walk on the left side of the roadway, facing oncoming traffic.
- Stay as far to the left as possible.
Some roads, like highways, may prohibit pedestrians entirely, so always check local ordinances and posted signs.
Even if you were not walking on the correct side of the road at the time of your accident, you may still have a valid claim. Texas uses a comparative fault system, which means you can often recover damages if the driver was primarily responsible for the crash. A pedestrian accident lawyer can review the facts of your case and fight to protect your rights, no matter the circumstances.
Enhancing Visibility and Awareness on the Road
Drivers often don’t expect to see pedestrians outside of city centers, especially on rural or suburban roads. That’s why it’s critical to take extra steps to stay visible and predictable when walking without sidewalks.
Bright Clothing and Reflective Gear
According to the National Safety Council, 74% of pedestrian deaths happen in dark areas, regardless of whether streetlights are present. To stay visible:
- Wear bright or fluorescent clothing during the day (neon yellow, orange, lime green, or white are most effective).
- Use reflective gear at night, including vests, bands, or patches on your arms, legs, and shoes.
- If you don’t have reflective items, use your phone's flashlight and point it at the ground ahead of you to create a visible beacon.
Understand the Limits of Reflective Gear
Reflective materials are effective for alerting human drivers, but not all technology detects them accurately. According to the IIHS, some Automatic Emergency Braking (AEB) systems in newer vehicles struggled to identify pedestrians wearing reflective gear, especially at dusk or in low-light conditions.
Don’t assume reflective gear makes you invincible. Stay alert, stay aware, and give cars a wide berth whenever possible.
Understanding the Limitations of Reflective Gear With Vehicle Detection Systems
Reflective materials are effective for alerting human drivers, but not all technology detects them accurately. According to the IIHS, some Automatic Emergency Braking (AEB) systems in newer vehicles struggled to identify pedestrians wearing reflective gear, especially at dusk or in low-light conditions.
Don’t assume reflective gear makes you invincible. Stay alert, stay aware, and give cars a wide berth whenever possible. If a driver failed to see you despite your efforts to stay visible, you may be entitled to compensation. Our pedestrian accident lawyers can help.
Identifying Safe Routes When Sidewalks are Absent
When a sidewalk ends, don’t assume it’s safe to continue. Take a moment to assess your surroundings. Map out the situation and decide whether it’s safe to proceed. That includes assessing road conditions and looking at potential alternatives to get you to where you need to go without endangering your life.
Here’s how to analyze whether to keep going or explore other options.
Assessing Road Conditions and Traffic Flow
Examine the road environment ahead of you. This will help you to choose your route, decide whether to look for another road, and whether to turn back and think about other options.
Here’s what to consider:
- Traffic volume
- Speed limits
- Shoulder width
- Off-road verges and tracks
- Lighting
- Road surface conditions
All of these things help you to work out if a road is safe to proceed along. If you have any doubts, don’t be afraid to turn back.
Utilizing Designated Bike Lanes Safely
Cycle lanes are designed for cyclists to ride alongside traffic safely. However, pedestrians are also allowed to use them in many jurisdictions if there are no sidewalks. They often add extra space, alongside shoulders, to give pedestrians extra space between themselves and traffic.
Firstly, ensure that you’re aware of local regulations. In some parts of the country, it’s prohibited for pedestrians to use bike lanes. Some areas may put up signs, such as whether it’s a shared-use path, whereas others may rely on you to find out for yourself.
Like with walking on the road, you should walk facing the path of oncoming cyclists, so that they have a chance to see you and you have a chance to get out of the way. If you’re using bike paths, it’s generally expected that the cyclist will have the right of way.
Remember, unless it’s a marked shared-use path, cyclists won’t be expecting to encounter walkers, so do everything you can to make yourself visible.
Leveraging Public Transport Options
Some roads without sidewalks are too dangerous, period. Instead of taking a chance, consider whether there are any nearby public transport options to get you to your destination. The presence of public transit will depend on where you live, as coverage is inconsistent across the country.
Options might include nearby bus stops, door-to-door paratransit services, and metro lines. Your area could also be covered by a dedicated transit app or a nearby map to help you avoid walking in unsafe areas.
Texas is improving in this respect, with 2023 seeing 30.5 million extra passengers compared to the previous year, per Texas Department of Transportation statistics. However, the Texas Comptroller still reports that transit ridership remains at 82% of 2019 levels, which was the high point.
Identifying Dangerous Areas for Pedestrians Without Sidewalks
The obvious hazard is every other road user, as pedestrians are always the most vulnerable because they have no protection if they’re hit by someone else. Naturally, certain environments will pose a greater risk than others.
Be especially cautious if you encounter any of the following hazards:
- High-speed roads
- Blind curves
- Hilly terrain
- Poor lighting conditions
- Narrow shoulders
All of these hazards impair your visibility, force you closer to the traffic, and reduce the time drivers have to react to your presence. You can still negotiate these hazards, but you must be extra cautious.
Avoiding High-Risk Road Edges and Obstacles
Pedestrians must often walk along road edges where sidewalks are absent, but they also contain potential hazards that could put you at risk. Uneven surfaces, drainage ditches, parked vehicles, and overgrown vegetation force you closer to traffic and present other hidden risks.
For example, if you’re trying to walk through tall grass or bushes, the walking path may have holes and other trip hazards hidden beneath the vegetation. Likewise, sudden drop-offs at the edge of the road could lead to serious fall injuries.
If you’re dealing with a road that has vehicles parked along it, don’t detour toward the traffic. Go around the other side, even if it’s a tight squeeze. Again, drivers aren’t expecting pedestrians to step onto the road.
Alternative Solutions for Pedestrian Safety
Pedestrian safety is a nationwide topic because deaths are increasing. The fact is that the biggest problem is the layout of our towns and cities. A total urban and suburban redesign is needed to keep people safe.
In the past, the answer may have been to buy a car, but today, it’s acknowledged that America’s cities must become more walkable. That’s why cities are being urged to improve their public transport network, and neighborhoods are being designed and redesigned to take into account the needs of walkers.
However, these lasting solutions are a long way off and will require billions to put right. In the meantime, it falls to individual communities to spread awareness and fight for improved walking infrastructure.
Community Advocacy for Improved Infrastructure
Community-led initiatives have worked in the past to encourage local governments to deal with safety concerns. Although many of these issues have focused on relatively minor issues like painting crosswalks, they show that when communities get together, the authorities do act.
For example, one of the most effective local campaigns has been the Earth Day Walk, located in Darien, Connecticut. The point of this campaign was to highlight the dangers of roads without sidewalks and to lobby town officials to improve the infrastructure for walkers.
Engaging with city planners, holding public hearings, and voting for those who’re committed to improved pedestrian infrastructure have also been effective in leading to action. Even if it hasn’t led to enormous federal and state grants via departments like the Federal Transit Administration, they have led to other low-cost interventions, like new traffic lights, crosswalks, and planters on narrow roads.
Legal Considerations for Pedestrians
All pedestrians have legal rights, just like any other road user. It includes the reasonable expectation to be able to walk safely and the right to claim compensation if you’re injured by a negligent driver.
With all legal rights come legal responsibilities, and pedestrians must be aware of both these aspects when using roads with and without sidewalks.
Who’s Liable for Pedestrian Accidents Without Sidewalks?
Liability in pedestrian accidents where no sidewalk exists depends on the specific facts of the incident and the actions of both the pedestrian and the driver involved. Here's what determines who may be held accountable:
General Legal Principles of Liability
The legal concept of negligence is key. If either the pedestrian or the driver fails to exercise reasonable care, they may be found at fault. Both parties must follow applicable traffic laws and act responsibly to ensure safety.
Examples of negligence include:
- A driver speeding or not watching for pedestrians on the shoulder
- A pedestrian stepping into traffic without looking
- Ignoring signage or road conditions
Comparative Fault and Shared Responsibility
Many states, including Texas, apply a comparative fault system. This means:
- Each party's actions are evaluated to determine their percentage of fault.
- A pedestrian who is found to be more than 50% responsible for the accident may be barred from recovering damages.
In practical terms, a pedestrian walking with traffic instead of against it, wearing dark clothes at night, or stepping onto the road unsafely may be found partially at fault.
Meanwhile, a distracted driver who fails to yield or doesn’t slow down near a pedestrian could carry a larger share of the blame.
Understanding how comparative fault works is crucial for assessing potential compensation and legal outcomes.
Understanding Your Rights as a Pedestrian
Pedestrians have the right to walk safely, even where sidewalks are absent, but those rights come with responsibilities. Some roads, like highways and interstates, are completely off-limits. Walking there may result in citations or fines.
Even where it’s legal to walk, you must:
- Yield the right-of-way where required
- Cross at designated intersections
- Obey signals and signage
These laws help protect pedestrians and clarify fault in the event of an accident. If you're injured due to a negligent driver, even in an area without a sidewalk, you may have a right to compensation.
What to Do If You’re Injured While Walking
All pedestrians also have the legal right to compensation for their injuries and other losses if they’re injured while walking, even if the road doesn’t have a sidewalk.
Follow these steps if you’re injured while walking:
- Seek immediate medical attention.
- Document what happened, including by using your smartphone to take pictures of the scene.
- Speak to any eyewitnesses and take down their contact information.
- Call local law enforcement and get a police report.
- Exchange contact details with the driver.
Note that drivers are required to stop if they hit a pedestrian. Under Texas law, any car accident that involves an injury, death, or over $1,000 in property damage must be reported to the police. Not stopping and not reporting the accident are both criminal offenses.
You should also contact an experienced car accident attorney for help with pursuing your claim.
How to Report Unsafe Walking Conditions
Reporting unsafe walking conditions is the first step to notifying local government and your community that there’s a problem for walkers on specific routes. Without notifying them, action can’t be taken.
Generally, you’ll want to contact your local transportation department for any issues like missing sidewalks, obstructed pathways, or poor lighting. Some cities even have dedicated online platforms to help residents report these problems.
But what if nothing is done after reporting a problem?
Sadly, it’s an all-too-common problem. If nothing is done about a reported issue, the next step is working with a local advocacy group to emphasize your concerns. You can also attend public meetings, like local town halls, to express your concerns directly to the people in power.
Shared Challenges Between Pedestrian Safety and Auto Accident Victims
Auto accident victims and pedestrians face the same challenges. People often forget that pedestrians are also road users and governed by the same traffic laws as everyone else. That also includes their entitlement to seek a fair settlement if they’re injured due to the negligence of others.
The commonalities both groups encounter include:
- Serious injuries
- Complex liability
- Insurance complications
- Emotional strain
- Financial strain (medical bills, lost wages, etc.)
All of this comes back to the fact that proper legal representation is crucial for reinforcing your rights and guaranteeing that you receive the compensation you’re entitled to if you’re the victim of negligence.
How Team Justice Supports Accident Victims in Seeking Compensation
Whether you’ve been injured as a driver or pedestrian, you have the right to compensation. Professional legal representation from DJC Law equips you with the greatest firepower in identifying and holding at-fault parties to account.
We’ve helped countless accident victims throughout Austin and the rest of the Lone Star State deal with difficult insurers and complex legal processes. With over 1,300 positive Google reviews and a perfect rating, our personal injury law firm is there to fight for you.
If you’re ready to learn more about how much your case could be worth, contact us for your free case evaluation today.
Importance of Legal Representation in Car Accident Cases
Hiring an experienced personal injury lawyer is the single most important move you can make. Nolo reveals that when you hire an attorney, you’ll gain an average settlement up to four times higher than people who try to fight their cases alone.
Lawyers aren’t just pencil-pushers. They’re the strongest advocates for your legal rights and manage countless processes on the road to winning you the compensation you deserve, including:
- Outlining your legal options.
- Evaluating your case.
- Determining case value.
- Investigating your accident.
- Navigating the legal system.
- Protecting you against bad-faith tactics employed by insurance adjusters.
- Representing you in court.
Ultimately, a lawyer is there to act as your greatest defender. It also means they’ll provide you peace of mind, ensuring you can focus on healing and putting the pieces of your life back together again.
Conclusion: Embracing Safety Practices While Walking
Pedestrians often face a tough time when dealing with the average American city’s car-centric design. A lack of infrastructure often means pedestrians are forced to put themselves at risk to get to where they need to go.
Despite these challenges, it’s the responsibility of both pedestrians and other drivers to take appropriate actions to keep everybody safe. At DJC Law, our team has years of experience handling pedestrian injury, wrongful death, and roadway negligence cases with the compassion, determination, and legal skill these situations demand. We understand the physical, emotional, and financial toll that follows a serious accident, and we are here to stand by your side.
If you’re seeking answers, accountability, or just someone to listen, DJC Law is here for you because your fight is our fight.
Ready to explore your legal options? Call us 24/7 at (512) 888-9999. Our team is here to listen with compassion and help your family take the next step forward.
Frequently Asked Questions About Walking Safely
Why should pedestrians walk facing oncoming cars?
Facing traffic helps you see approaching vehicles and gives you more time to react. It also makes it easier for drivers to see you, which can reduce the risk of accidents.
Do pedestrians have the right of way when walking on the road?
Sometimes. It depends on where you are. At marked crosswalks and intersections, you may have the automatic right-of-way, but that doesn’t apply to all roads. Roads without sidewalks often give the right-of-way to vehicles. In all cases, familiarize yourself with local traffic laws to avoid accidents and citations.
Can I claim compensation if I’m injured in a pedestrian-car accident?
Yes, all injured pedestrians have the right to pursue personal injury lawsuits against at-fault parties. Whether you receive compensation depends on whose fault the accident was. In Texas, if you’re found to be 51% or more at fault for the incident, you’re banned from seeking fair compensation under the 51% bar rule.
