Do Pedestrians Have the Right of Way in Florida?

Injured pedestrians are often entitled to significant compensation.

Everyone who uses the road, including pedestrians, has the right of way. However, in some situations, another motorist, bicyclist, or pedestrian has a superior right of way. Additionally, the right of way is not absolute. All road users have a duty of care to avoid accidents when possible. More on these things below.

The right of way is not a constant in these cases, but the serious injuries that pedestrians sustain in these collisions do not change. Since pedestrians are completely unprotected from oncoming vehicles, they often sustain fatal injuries, especially if the motorist was traveling faster than 40mph at the moment of impact. In these situations, a Brandon personal injury lawyer obtains compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Jaywalking Pedestrians

Mostly because Florida is a pure comparative fault state, most jaywalking pedestrians are entitled to at least some compensation.

Let’s quickly define a couple of terms. By “jaywalking,” we mean a pedestrian who crosses outside a crosswalk or against the light. Comparative fault divides responsibility between two parties to an accident. For example, if a tortfeasor (negligent driver) hits a pedestrian crossing against a light, jurors may divide fault 50-50. The tortfeasor did not watch where they were going, and neither did the pedestrian.

In a comparative fault state, the court apportions compensation according to the percentage of fault. There is no cutoff. So, even if the victim was 99% responsible for a wreck, the tortfeasor is liable for an appropriate share of the aforementioned compensation.

If the comparative fault rule applies, a Brandon personal injury lawyer accentuates the positive and eliminates the negative, according to that old song.

Many non-crosswalk pedestrians carefully look both ways before they cross the street. If the tortfeasor was speeding around a corner or curve, the tortfeasor is mostly at fault, or maybe entirely at fault, for the wreck.

As for crossing against the light, most Brandon streets have wide lanes and short red lights, to move motor vehicles as quickly as possible and keep motor vehicle traffic from piling up. Any pedestrian with any mobility impairment whatsoever probably cannot make it from one side of the street to another before the light changes color, especially if the pedestrian starts across the street on a stale green light.

Pedestrians Crossing With the Light

A pedestrian crossing with the light and in the crosswalk clearly has a superior right of way to any other road user. However, such pedestrians still have a duty of care to avoid accidents when possible. Quite simply, they must stop and look both ways before they cross the street and keep looking for cars as they walk.

These issues are especially common in virtual crosswalks. A virtual crosswalk is a pedestrian-activated crosswalk, as opposed to a permanent one. The pedestrian presses a button which activates flashing yellow lights that command drivers to stop.

Many drivers do not stop. So, pedestrians must be especially aware of their surroundings and take extra precautions before they cross the street. They cannot simply press the button and step into traffic.

Connect With a Skilled Sarasota County Attorney

Pedestrians always have at least a limited right of way in Florida. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.