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Do Pedestrians Always Have the Right of Way in Florida?

January 28, 2025

Pedestrian Accidents

Pedestrian accidents can lead to severe injuries and complicated legal questions, especially when it comes to determining who is at fault. One of the most common misconceptions in pedestrian accident cases is that pedestrians always have the right of way. While Florida law does provide protections for pedestrians in many situations, it also places certain responsibilities on them to ensure their own safety and the safety of others on the road. 

When Do Pedestrians Have the Right of Way in Florida?

Florida law provides several scenarios where pedestrians have the legal right of way. Drivers are expected to yield to pedestrians under the following conditions:

  • At Crosswalks: Pedestrians have the right of way when crossing at marked crosswalks and unmarked crosswalks at intersections. Drivers must yield to pedestrians who are actively crossing the street within these areas.
  • When Traffic Signals Indicate: At intersections with traffic signals, drivers must yield to pedestrians crossing with a green light or a “walk” signal.
  • When a Vehicle Is Stopped for a Pedestrian: If one vehicle has stopped at a crosswalk to allow a pedestrian to cross, other drivers approaching from behind or the side are required to stop as well.
  • Sidewalks and Driveways: Drivers must yield to pedestrians who are on sidewalks or crossing a driveway entrance or exit.

In these situations, pedestrians are afforded legal protections, and drivers who fail to yield may be held liable for any resulting accidents or injuries.

When Don’t Pedestrians Have the Right of Way?

While Florida law provides significant protections for pedestrians, it also establishes responsibilities they must follow. There are situations where pedestrians do not have the right of way, and failing to adhere to these rules can affect liability in the event of an accident. For example:

  • Crossing Outside of a Crosswalk: Pedestrians are required to yield the right of way to vehicles when crossing the road at any point other than a marked crosswalk or an unmarked crosswalk at an intersection. Jaywalking is a common example of this.
  • Disregarding Traffic Signals: Pedestrians must obey traffic control signals. Crossing against a red light or a “don’t walk” signal is considered a violation of Florida law.
  • Walking Along the Roadway: When no sidewalk is available, pedestrians are required to walk on the shoulder of the road, facing oncoming traffic. Walking in the middle of the roadway can create dangerous situations where pedestrians may be found at fault.
  • Suddenly Entering Traffic: Pedestrians are prohibited from suddenly leaving a curb or other safe location and walking into the path of an oncoming vehicle, making it impossible for the driver to stop in time.

In these cases, pedestrians who fail to follow the rules may share some responsibility for an accident, which can impact their ability to recover full compensation for their injuries.

How Does Comparative Negligence Affect Pedestrian Accident Cases in Florida?

Florida follows a legal principle called “comparative negligence,” which means that fault can be divided between all parties involved in an accident. In pedestrian accident cases, this means that both the pedestrian and the driver can be assigned a percentage of fault for the accident, depending on the circumstances.

For example, if a pedestrian crosses outside of a crosswalk and is struck by a driver who was speeding, both parties may share liability. The pedestrian might be found 40% at fault for jaywalking, while the driver might be 60% at fault for exceeding the speed limit. In this scenario, the pedestrian could still recover compensation, but their total damages would be reduced by their percentage of fault (40% in this case).

Because of comparative negligence, it’s crucial to gather evidence and work with an experienced attorney to build a strong case that demonstrates the other party’s fault. An attorney can investigate the accident, collect witness statements, and use traffic laws to show how the driver’s negligence contributed to the collision.

What Should You Do If You’re Involved in a Pedestrian Accident?

If you’ve been injured in a pedestrian accident, taking the right steps can protect your rights and improve your chances of recovering compensation. Here’s what to do:

  • Seek Medical Attention: Your health and safety should be your top priority. Even if you feel fine, some injuries may not become apparent until later.
  • Call the Police: Report the accident to law enforcement so that an official report is created. This report can be valuable evidence for your claim.
  • Gather Evidence: Take photos of the accident scene, your injuries, and any visible damage. Collect contact information from witnesses and drivers involved.
  • Avoid Admitting Fault: Do not apologize or make statements that could be interpreted as accepting blame, as this could hurt your case later.
  • Contact an Attorney: An experienced pedestrian accident attorney can help you understand your rights, evaluate the evidence, and negotiate with insurance companies to secure the compensation you deserve.

Call Kemp Injury Law After a Florida Pedestrian Accident

At Kemp Injury Law, we understand the challenges that pedestrian accident victims face. Our team is committed to holding negligent drivers accountable and helping injured pedestrians recover the compensation they need to rebuild their lives. From investigating the accident to negotiating with insurance companies, we provide comprehensive legal support every step of the way.

If you’ve been injured in a pedestrian accident in Florida, don’t wait to seek legal help. Contact us today for a free consultation. Let us help you protect your rights and pursue the compensation you deserve.

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Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
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