Can you go to jail for walking on the side of a Texas highway? Read what the law says
Sometimes you may get a quick glance of someone meandering along a freeway while you’re driving on the road.
Texas highways surely are not a place to take a stroll.
“Although pedestrians are involved in only 1 percent of traffic crashes in Texas, they account for 19 percent of all roadway deaths. In 2023, there were 5,924 crashes involving pedestrians in our state, resulting in 808 deaths. Another 1,456 people were seriously injured,” according to the Texas Department of Transportation.
While walking along a highway is not often the first choice for some, there are a few exceptions where it is allowed. However, just because something is permitted, does not mean it’s the safe thing to do.
Here’s what Texas law has to say about walking along a freeway.
Is it illegal to walk along a Texas freeway?
According to the Texas Penal Code, “If a sidewalk is not provided, a pedestrian walking along and on a highway shall walk on the left side of the roadway or the shoulder of the highway facing oncoming traffic, unless the left side of the roadway or the shoulder of the highway facing oncoming traffic is obstructed or unsafe.”
So you will not be put in handcuffs or fined if you happen to be walking along a freeway. However, what can be an offense is if one tries to jay walk.
Jaywalking is when pedestrians do not use a crosswalk to cross the street or highway. It is important to note that pedestrians always have the right of way at a proper crosswalk, however they do not have an advantage at any other point, according to Trevino Law.
Jay walking normally will just result in an educational lecture from a police officer. “But, often, those who are not responsive to this (the educational lecture) will receive a citation. This citation will be a fine that will cost you between $20 and $160,” says Trevino Law.
What to do if you are stranded along a highway
If you are stranded along a highway, the Texas Department of Safety outlines a few tips of what you should do.
Park as far off the busy highway as possible.
Make your vehicle visible by turning on your hazard blinkers.
Exit the vehicle from the side that is away from traffic.
If possible, stay with the vehicle (away from traffic, use the car to create space between you and highway) until uniformed law enforcement arrives, especially at night or during bad weather.
“If you decide you must walk, write down: Your name, date, time you left, direction you are going, plate number of the vehicle you are riding in, description of the vehicle, name and description of the person you are riding with (if any). Then, notify law enforcement of the location and circumstances in which you left your vehicle,” says Texas DPS.
The motorist help line is 1-800-525-5555, if you have become stranded.