Pedestrians have the right of way in Florida, but they also have traffic laws and regulations to follow, just as motorists do. In some situations, it is illegal for pedestrians to walk on the road. For example, when sidewalks are available, pedestrians are generally required to use them.
Additionally, pedestrians must yield to vehicles when crossing at intersections without marked crosswalks. Understanding these rules helps ensure safety for both pedestrians and drivers, fostering a safer environment for everyone on the road.
A Fort Lauderdale pedestrian accident lawyer will review your case and help you fight for compensation for your injuries.
When Pedestrians Have the Right of Way in Florida
In Florida, specific laws dictate when pedestrians have the right of way, ensuring their safety while promoting responsible behavior among drivers. A Fort Lauderdale personal injury lawyer will review your case to determine whether you had the right of way in a pedestrian accident.
Here are key situations in which pedestrians have the right of way under Florida Statutes § 316.130.
Marked Crosswalks
Pedestrians possess the right of way when crossing the road at marked crosswalks. By law, drivers must yield to pedestrians who are already within the crosswalk or are approaching it. This rule applies to crosswalks at intersections or those in the middle of a block.
Unmarked Crosswalks Between Intersections
At intersections, even if there are no marked crosswalks, pedestrians still have the right of way when they are crossing the roadway. Drivers must yield to pedestrians crossing in these areas unless otherwise directed by traffic signals or signs.
School Zones
In designated school zones, pedestrians—including children—have the right of way when crossing the street, especially during school hours. Drivers must be vigilant and yield to pedestrians in these areas, which are often marked with specific signage indicating reduced speed limits and pedestrian activity.
Traffic Signals
Per Florida Statutes § 316.075, when crossing at intersections with traffic signals, pedestrians have the right of way when the pedestrian signal indicates it is safe to cross. Drivers must stop and allow pedestrians to pass when the signal displays a “walk” symbol.
Sidewalks
When pedestrians are on sidewalks, they have the right of way over vehicles entering or exiting driveways or parking lots. Drivers must be cautious and yield to pedestrians who are already on the sidewalk or about to step off it.
Emergency Situations
In emergencies, such as when a pedestrian is in danger or a vehicle is approaching at high speed, drivers should always yield to pedestrians. Safety should be the priority in these circumstances.
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When Pedestrians Lack the Right of Way in Florida
In Florida, pedestrians do not always have the right of way, which can affect the potential compensation they receive for injuries after an accident.
Here are some situations in which pedestrians do not possess the right of way in Florida.
Ignoring Traffic Signals
Pedestrians must obey traffic signals just like drivers. They do not have the legal right to cross the road during a red signal or a “don’t walk” sign. In these cases, drivers are not required to yield, and pedestrians may be at risk of accidents.
Outside of Crosswalks
When pedestrians cross the street outside of designated crosswalks—whether marked or unmarked—they typically do not have the right of way. This includes crossing in the middle of a block or in areas where pedestrian crossings are not clearly indicated. In such situations, drivers may not be obligated to stop.
Jaywalking
Jaywalking or crossing the street illegally or recklessly is prohibited and can lead to accidents. Pedestrians who engage in jaywalking may be cited for violating traffic laws. Pedestrians need to use crosswalks and follow traffic signals.
Walking on Roadways When Sidewalks Are Available
When a sidewalk is provided, pedestrians are required to use it. If they choose to walk on the roadway instead, they do not possess the right of way. Drivers are not obliged to stop for pedestrians who are not using designated pedestrian pathways and allow them to pass.
In a Vehicle’s Path
If a pedestrian is walking in a lane of traffic where vehicles are moving and does not stop to let an approaching vehicle pass, they may not have the right of way. Drivers are expected to be cautious, but pedestrians must also be aware of their surroundings and avoid stepping into traffic.
When a Driver Is Making a Legal Turn
When a driver is making a legal turn at an intersection, they may not bear liability for pedestrians who are crossing in their path if the pedestrian is not in a crosswalk or has not been given the right of way by a traffic signal. Pedestrians should exercise caution and be aware of vehicles turning at intersections.
How a Pedestrian Accident Lawyer Will Help
If you’ve been involved in a pedestrian accident or have questions about your rights, a lawyer will provide support throughout the claims process. They will evaluate your case, helping you understand your legal options and the potential for compensation.
A lawyer will also assist in gathering evidence, such as police reports, medical records, and witness statements, to build a strong case. They will communicate with insurance companies to ensure you don’t accept an unfair settlement offer.
If you decide to file a personal injury lawsuit against a driver, a lawyer will help you do so before the statute of limitations expires. Under Florida Statutes § 95.11, you generally have two years to take legal action against a liable party.
Call Us to Learn More About Pedestrians’ Right of Way in Florida
Pedestrians do not always have the right of way in Florida, but seeking compensation from a liable driver can still prove challenging. The Schiller Kessler Group will handle your pedestrian accident case while you focus on recovering from your injuries.
Our attorneys have helped more than 30,000 victims of negligence seek the financial recovery they deserve. Call us today for a free consultation, and we will explain how our pedestrian accident attorneys will help.
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