The sidewalks in Memorial Northwest were provided by Harris County and the Municipal Utility District. These sidewalks were placed to serve Theiss Elementary and Doerre Intermediate Schools providing access along Champion Forest Drive and Theiss Mail Route Road. Pedestrians are required to use the sidewalk when it is accessible.
When there is no sidewalk, pedestrians are required to utilize the roadway facing oncoming traffic, unless the roadway is obstructed or unsafe. An obstruction is usually a parked vehicle requiring a pedestrian to either go further out in the street or take their chances walking on the grass. This is the primary reason the Deed Restrictions (contract) limit owners from parking vehicles in the street.
Most of the neighborhood does not have sidewalks, thus adults and children may be present. The average breaking distance for a vehicle traveling at 30 mph is 89 feet. At this speed, avoiding a child when the roadway is obstructed may be difficult. The driver is required to use DUE CARE when pedestrians are present. Due care may include driving below the posted speed limit.
Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian. (b) 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.
Sec. 552.008. DRIVERS TO EXERCISE DUE CARE. Notwithstanding another provision of this chapter, the operator of a vehicle shall: (1) exercise due care to avoid colliding with a pedestrian on a roadway; (2) give warning by sounding the horn when necessary; and (3) exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.