Do Florida Pedestrians Always Have the Right-of-Way?

Florida’s sandy beaches, vibrant scenery, and sunny weather encourage residents and tourists alike to enjoy what the state has to offer by walking to their destinations. The importance of pedestrian safety in Florida cannot be overstated, as it ensures the well-being of those who choose to walk. However, pedestrians are left largely unguarded on Florida roads, making understanding pedestrian right-of-way laws essential. Contrary to popular belief, Florida law does not automatically grant pedestrians the right-of-way in every situation. If you were injured in a pedestrian accident, a skilled pedestrian accident attorney in Davie can help you understand Florida’s right-of-way laws and how they may impact your claim for compensation.

At the Law Offices of Scott Sobol, our dedicated legal team is committed to helping pedestrian accident victims hold negligent drivers fully accountable for the harm they have caused. We understand your unique physical, emotional, and financial challenges and aim to make the legal process as stress-free as possible. We have a proven track record of success and have over one thousand clients achieve the justice they deserve.

When Do Pedestrians Have the Right-of-Way in Florida?

Generally speaking, pedestrians typically have the right-of-way in areas drivers can expect them to be. It is important for both pedestrians and drivers to obey traffic control signals to ensure safety and compliance with Florida laws. Pedestrians in Florida are granted the right-of-way in the following locations:

In Parking Lots

As pedestrians make their way through the parking lot, they should be given the right-of-way. Because the purpose of parking lots is for individuals to leave their cars and make their way into the store or business on foot, it is reasonable for drivers to expect and yield to pedestrians. However, this does not give pedestrians the right to unexpectedly jump in front of a vehicle. If this occurs, the driver may not be held responsible for any injuries the pedestrian sustains.

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At Crosswalks

Regardless of whether the crosswalk has a traffic signal, pedestrians are almost always given the right-of-way at a marked crosswalk. It is important for pedestrians to wait for the walk signal before crossing. When a driver sees the markings for a crosswalk, they are expected to slow down to check for pedestrians and yield to them as they cross the street.

At Roundabouts

Pedestrians in Florida also have the right-of-way at crosswalks in a roundabout. However, while pedestrians are legally cleared to cross, it is best to exercise caution at roundabouts and all other intersections, as drivers who are distracted or moving too quickly could easily miss you. 

Situations Where Pedestrians Do Not Have the Right-of-Way

Despite retaining the right-of-way in many situations, there are instances where they are not legally allowed to cross the street. According to Florida law 316.130(5) and 316.130(6), pedestrians are prohibited from soliciting or standing on roadways that are paved and used for vehicular traffic. Pedestrians in Florida do not have the right-of-way in the following situations:

At a Green Light

When traffic signals indicate for the driver to go, pedestrians should not cross the street, even if there is a crosswalk in the intersection. Much like drivers, pedestrians are also expected to obey traffic laws and may be found liable for an accident when it is clearly unsafe to do so.

Anywhere There Is Not a Crosswalk

Although there are no statutes forbidding jaywalking in Florida, drivers retain the right-of-way in any area of open road where there is no pedestrian crossing, traffic signal, or four-way stop. While crossing the street without a crosswalk may not be technically unlawful, it is still extremely dangerous and negligent and may compromise your claim for compensation.

If you are unsure whether you had the right-of-way when your accident occurred, a skilled pedestrian accident attorney can investigate your case and advise you on how Florida’s traffic laws impact your claim.

Speak With a Skilled Pedestrian Accident Attorney at the Law Office of Scott Sobol

If you were injured in a pedestrian accident, the seasoned pedestrian accident lawyers from the Law Offices of Scott Sobol may be able to help. It is crucial to seek legal representation for a pedestrian related accident to ensure your rights are protected. Our legal team understands the ins and outs of Florida personal injury law and is ready to apply their experience and skills to your unique case. We can guide you through the process of filing a personal injury claim to seek compensation for your damages. We are committed to handling every aspect of your claim as we fight tirelessly for the justice you deserve.

To learn more about how we can help you, schedule a free consultation by calling (954) 440-2000 or completing our contact form today.