Are Drivers Always at Fault in Florida Pedestrian Accidents?

When a pedestrian is struck by a vehicle, the natural assumption is that the driver bears full responsibility for the collision. However, Florida law recognizes that fault in pedestrian accidents isn’t always straightforward. While drivers have a duty to exercise caution around pedestrians, Florida operates under a comparative negligence system that examines the actions of all parties involved to determine liability.

If you’ve been injured in a pedestrian accident, understanding how fault is determined can significantly impact your ability to recover compensation. The Law Offices of Scott Sobol has over 20 years of experience handling pedestrian accident cases throughout South Florida and can help you navigate the complexities of Florida’s fault determination process to protect your rights.

Florida’s Comparative Negligence System

Florida follows a modified comparative negligence rule when determining fault in pedestrian accidents. Under this system, multiple parties can share responsibility for an accident, and compensation is reduced based on each party’s percentage of fault. As of March 2023, Florida law prevents injured parties from recovering damages if they are found to be more than 50% at fault for the accident.

This means that even if a driver struck you, their insurance company may argue that you contributed to the accident by jaywalking, crossing against a signal, or failing to use a crosswalk. If you’re found 30% responsible for the accident and your damages total $100,000, your compensation would be reduced to $70,000. Understanding how comparative negligence applies to your case is essential for maximizing your recovery.

When Pedestrians May Share Fault

Several scenarios exist where pedestrians may bear partial responsibility for an accident. Crossing outside of designated crosswalks, entering roadways while intoxicated, or suddenly darting into traffic without giving drivers reasonable time to react can all contribute to a finding of pedestrian fault. According to data from the National Highway Traffic Safety Administration, pedestrian behavior is a contributing factor in approximately one-third of fatal pedestrian accidents nationwide.

Florida law also requires pedestrians to obey traffic control devices and signals. If you cross against a “Don’t Walk” signal or ignore traffic signs, insurance companies will likely argue that your actions contributed to the collision. Even wearing dark clothing at night without reflective materials in areas with poor lighting can be used to suggest you didn’t take reasonable precautions for your own safety.

Driver Responsibilities Under Florida Law

Despite the comparative negligence system, drivers maintain significant legal obligations to protect pedestrians. Florida Statute 316.130 requires drivers to yield the right-of-way to pedestrians in crosswalks and to exercise due care to avoid colliding with any pedestrian. Drivers must also give audible warning when necessary and exercise proper precaution upon observing children or incapacitated persons on the roadway.

Common forms of driver negligence in pedestrian accidents include distracted driving, speeding, failure to yield at crosswalks, driving under the influence, and making improper turns. When driver negligence is the primary cause of a pedestrian accident, the injured pedestrian may be entitled to full compensation for medical expenses, lost wages, pain and suffering, and other damages even if they contributed minimally to the accident.

Why Legal Representation Matters in Pedestrian Accident Cases

Insurance companies often attempt to shift blame onto pedestrians to minimize their payout obligations. They may claim you weren’t using a crosswalk, that you were distracted by your phone, or that you failed to look before crossing. Having experienced legal representation ensures that evidence is properly gathered and your actions are contextualized fairly within the scope of what happened.

Scott Sobol has successfully represented pedestrian accident victims throughout South Florida, including securing a $1,450,000 settlement for a pedestrian struck in a crosswalk in Broward County. His thorough approach to investigating accidents, gathering witness statements, and working with accident reconstruction experts helps establish the true cause of collisions and protects clients from unfair fault attribution.

Contact The Law Offices of Scott Sobol for Experienced Pedestrian Accident Representation

If you’ve been injured in a pedestrian accident, don’t let insurance companies diminish your claim by unfairly attributing fault to you. Scott Sobol provides direct access and constant communication to all his clients, ensuring you understand how Florida’s comparative negligence laws apply to your case. With memberships in the Florida, Illinois, and Texas state bars and a track record of securing millions in compensation for injury victims, Scott Sobol has the experience and dedication needed to fight for your rights.

The Law Offices of Scott Sobol operate on a contingency fee basis, meaning you pay nothing unless your case is won. Don’t wait to protect your rights and pursue the compensation you deserve. Contact our office today to schedule your free consultation and learn how we can help you navigate your pedestrian accident claim.

LEGALLY REVIEWED BY:
Scott Sobol
February 17, 2026

Scott Sobol is a dedicated personal injury attorney with over two decades of experience representing injured clients across South Florida. He has handled more than 1,000 cases involving serious car accidents, unsafe premises, and denied insurance claims. Known for his client-focused approach, Scott prioritizes open communication to guide clients confidently through complex legal challenges. Licensed in Florida, Illinois, and Texas, his extensive knowledge of the law ensures a strong pursuit of justice for those affected by negligence.

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