Do Pedestrians Have the Right of Way in Florida?
Imagine strolling along a sunny Florida sidewalk, enjoying the warm breeze, when a car suddenly approaches the crosswalk you’re about to step into. Who has the right of way? Knowing the answer is not just about following the rules—it could also save lives.
Florida is known for its beautiful weather and vibrant communities, but it also has one of the highest rates of pedestrian accidents in the nation. This makes it vital for everyone who shares the road—whether on foot or behind the wheel—to be aware of pedestrian rights.
At The Dashcam Lawyer®, we’ve seen how devastating pedestrian accidents can be. As someone who has devoted years to representing injured clients across Florida, I believe knowledge of these laws is essential—not just for legal cases but to make streets safer for all.
Florida Pedestrian Laws: Who Has the Right of Way?
Florida’s pedestrian laws, specifically outlined in Florida Statute 316.130, are designed to promote safety and clarify responsibilities. Let’s break down the key scenarios where pedestrians and drivers must share the road:
1. Crosswalks with Traffic Signals
At intersections with marked crosswalks and signals, pedestrians should cross only when the signal indicates it’s safe to do so. Drivers must yield to pedestrians who are following the signals.
2. Unmarked Crosswalks at Intersections
Even if there’s no painted crosswalk, intersections generally give pedestrians the right of way. Florida law requires drivers to yield to anyone crossing at these points.
3. Parking Lots
Pedestrians moving through parking lots or crossing entrances should be given the right of way. Drivers must be extra cautious in these areas due to reduced visibility and frequent foot traffic.
4. Roundabout Crosswalks
When a pedestrian is crossing at a roundabout’s designated crosswalk, vehicles must stop and allow them to pass safely.
5. Mid-Block Crossings
Marked crosswalks between intersections grant pedestrians the right of way. However, it’s always a good idea for pedestrians to ensure vehicles are slowing down before stepping onto the road.
When Pedestrians Don’t Have the Right of Way?
There are specific situations where pedestrians might not be in the right:
Ignoring Signals: Crossing against a “Don’t Walk” signal is a clear violation of the law.
Jaywalking: Pedestrians crossing outside marked or unmarked crosswalks must yield to vehicles.
Sudden Entry: Stepping into traffic without giving drivers enough time to react can make the pedestrian liable.
Using Overpasses or Tunnels Incorrectly: If a pedestrian tunnel or overpass is available, pedestrians are expected to use these instead of crossing at road level.
Real-Life Case
In one case we handled, a pedestrian stepped into the road between parked cars in a busy area. The driver couldn’t stop in time. The court ruled that the pedestrian shared some responsibility because the driver wasn’t given adequate time to yield.
Responsibilities for Drivers and Pedestrians
While both drivers and pedestrians share the road, their responsibilities differ to ensure everyone’s safety. By recognizing what’s expected, we can all help reduce accidents and create safer environments. Let’s start with what drivers need to do.
Drivers’ Responsibilities
- Exercise Caution: Drivers must always remain vigilant, especially in areas with heavy pedestrian traffic.
- Yield Appropriately: Even if a pedestrian isn’t strictly following the rules, Florida law mandates that drivers make every effort to avoid collisions.
Pedestrians’ Responsibilities
- Obey Signals: Follow walk signals and use crosswalks whenever possible.
- Stay Alert: Avoid distractions like headphones or phones when crossing streets.
- Stick to Sidewalks: When sidewalks are available, pedestrians must use them.
What to Do If You’re Hit as a Pedestrian
If you or someone you know has been involved in a pedestrian accident, taking the right steps immediately can protect your rights and strengthen your case.
- Seek Medical Help – Your health is the priority. Even if injuries seem minor, get checked out.
- Contact the Police – A police report creates an official record of the incident.
- Document the Scene – Take photos, collect witness information, and save dashcam footage if possible.
- Talk to an Attorney – A personal injury lawyer can guide you through the legal process and help preserve critical evidence.
How We Can Help?
At The Dashcam Lawyer®, we’ve worked with Floridians from all walks of life, including teachers, athletes, and first responders. Each case is different, and we approach every client with the care and determination they deserve. Since opening our practice in 2008, we’ve secured settlements and verdicts that help clients recover not just physically but financially. We’re committed to fighting for the compensation you deserve, whether it’s for medical bills, lost wages, or the emotional toll of an accident. Contact us at 561-561-DASH and allow us to get to work right away.
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