It’s easy to assume that pedestrians always have the right of way, but that’s not entirely accurate. While drivers do have a responsibility to be cautious around pedestrians, pedestrians themselves must follow Florida’s traffic laws, such as crossing at designated crosswalks. If they fail to do so, they may be held liable for any accidents that occur. So, when it comes to staying safe on the road, both drivers and pedestrians need to be aware of their legal obligations.
What Is Jaywalking?
Jaywalking refers to the act of crossing a street without using a crosswalk or ignoring approaching traffic. In Florida, there isn’t a specific statute prohibiting jaywalking outright. However, Florida Statutes 316.130 provide clear guidelines for pedestrians. For example, pedestrians are not allowed to:
- Walk on the street if a sidewalk is available.
- Cross the street against a red traffic light.
What’s more, if a driver cannot safely avoid hitting a pedestrian, it’s usually best for the pedestrian to move out of the vehicle’s path. Essentially, jaywalking is a type of illegal crossing, and pedestrians who engage in it can face consequences for breaking traffic laws.
Right of Way at Marked vs. Unmarked Crosswalks
In Florida, pedestrians are generally granted the right of way when they’re in a marked crosswalk. But what if you don’t see a crosswalk? Not all crosswalks are clearly marked with yellow lines. In some cases, crosswalks are unmarked, and drivers must yield to pedestrians crossing at intersections with traffic signs or signals.
However, if a pedestrian crosses the road outside of a marked crosswalk, they effectively give up their legal right of passage. This means they have to yield to vehicles. Whether a pedestrian or driver is held responsible for an accident in this situation depends on the specific circumstances.
When Is a Pedestrian at Fault for Being Hit by a Car?
A pedestrian can be found at fault for an accident in several scenarios, including if they:
- Cross at a red traffic light.
- Dart unexpectedly into traffic.
- Are impaired by drugs or alcohol.
- Are distracted by their cell phone or not paying attention.
In cases like these, the driver might not be held liable for the pedestrian’s injuries. The insurance company may argue that the pedestrian’s negligence was the primary cause of the accident.
When Is a Driver at Fault for Hitting a Pedestrian?
There are also situations where a driver can be held liable for hitting a pedestrian, even if the pedestrian was jaywalking. This typically happens if the driver was:
- Speeding in areas with crosswalks.
- Failing to stop at a red light or stop sign.
- Distracted or impaired while driving.
- Neglecting to yield to pedestrians in a crosswalk.
- Not taking proper precautions in areas with high pedestrian activity.
In these cases, even if the pedestrian was breaking the law by jaywalking, the driver could still be responsible if they had enough time to avoid the accident but failed to do so. The driver’s negligence would then be a contributing factor to the incident.
Conclusion
Navigating pedestrian laws in Florida can be tricky, especially when it comes to determining fault in an accident. Both drivers and pedestrians must stay alert and follow traffic laws to prevent accidents. Whether it’s a marked crosswalk or an unexpected jaywalker, the rules are there to protect everyone on the road. If you’ve been involved in a pedestrian-related accident, it’s essential to consult with an experienced attorney, like Kevin L. Sullivan II, to ensure that your rights are protected.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your accident lawyer Gibsonton FL, and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.