Can a Pedestrian Be Liable for a Florida Car Accident?

Most people assume that when a pedestrian gets struck by a vehicle, the driver automatically bears full responsibility for the accident. While drivers certainly have significant duties to watch for pedestrians and exercise reasonable care, Florida law recognizes that pedestrians also have responsibilities when sharing the road. In some situations, a pedestrian’s actions or decisions may contribute to causing an accident, potentially affecting their ability to recover compensation for their injuries.

The Law Offices of Scott Sobol has extensive experience handling complex pedestrian accident cases throughout South Florida. With over 20 years in personal injury law and more than 1,000 clients represented, our team understands how Florida’s comparative negligence laws affect pedestrian injury claims. We know how to investigate these cases thoroughly, identify all contributing factors, and fight for maximum compensation even when liability questions arise.

Florida’s Modified Comparative Negligence System

Florida recently changed its approach to shared liability in personal injury cases. As of March 2023, the state replaced its pure comparative negligence system with a modified comparative negligence framework. Under this new system, injured parties can only recover damages if they bear 50 percent or less of the responsibility for their accident. If a pedestrian is found to be 51 percent or more at fault, they cannot recover any compensation from the driver.

This change significantly impacts pedestrian accident cases because it creates a threshold that didn’t exist before. Previously, even if a pedestrian was 80 percent at fault, they could still recover 20 percent of their damages from the driver. Now, the focus shifts to keeping the pedestrian’s fault percentage at or below the 50 percent mark to preserve their right to compensation.

The modified system makes thorough case investigation and skilled legal representation more critical than ever. Insurance companies and defense attorneys will work aggressively to shift blame onto pedestrians, knowing that proving 51 percent fault eliminates their liability entirely.

Common Situations Where Pedestrians May Share Liability

Several scenarios can lead to shared liability between pedestrians and drivers in Florida accidents. Jaywalking represents one of the most common examples, particularly when pedestrians cross mid-block or outside designated crosswalks. While jaywalking doesn’t automatically make a pedestrian fully liable, it can contribute to fault allocation, especially if the illegal crossing played a role in causing the accident.

Pedestrians who enter roadways while intoxicated or under the influence of drugs may also bear significant responsibility for accidents. Impairment affects judgment, reaction time, and awareness of surroundings, potentially leading to dangerous decisions like stepping into traffic unexpectedly or failing to notice oncoming vehicles.

Distracted walking has become increasingly problematic with the rise of smartphones and portable devices. Pedestrians who are texting, talking on phones, or wearing headphones may fail to notice traffic signals, approaching vehicles, or other hazards. Similarly, pedestrians who ignore traffic control devices, such as crossing against red lights or “Don’t Walk” signals, may share fault for resulting accidents.

Weather conditions and visibility issues can also affect liability determinations. Pedestrians wearing dark clothing at night, walking in areas with poor lighting, or failing to make themselves visible to drivers may contribute to accidents, though drivers still have duties to exercise reasonable care under the circumstances.

How Courts and Insurance Companies Determine Fault

Determining fault percentages in pedestrian accidents involves analyzing multiple factors and evidence sources. Police reports provide initial assessments, but they don’t determine legal liability conclusively. Insurance adjusters and attorneys examine witness statements, traffic camera footage, cell phone records, and accident reconstruction analysis to build comprehensive pictures of what happened.

Florida traffic laws provide important guidelines for both drivers and pedestrians. Pedestrians must use sidewalks when available, cross at designated locations when possible, and yield the right-of-way to vehicles when crossing outside crosswalks. However, drivers must also exercise due care, watch for pedestrians, and take reasonable steps to avoid accidents even when pedestrians violate traffic laws.

The specific circumstances of each case heavily influence fault determinations. Factors such as weather conditions, time of day, location of the accident, vehicle speed, and the actions of both parties in the moments leading up to impact all play roles in liability analysis. Insurance companies often use computer modeling and accident reconstruction specialists to analyze these complex scenarios.

Even when pedestrians bear some responsibility, drivers rarely escape liability entirely unless the pedestrian’s actions were completely unforeseeable and unavoidable. Car accident cases involving pedestrians require careful legal analysis to ensure fair liability allocation and maximum compensation recovery.

Contact The Law Offices of Scott Sobol for Your Pedestrian Accident Case

Pedestrian accident cases involving shared liability require experienced legal representation to navigate Florida’s complex comparative negligence laws and protect your rights. Our firm has successfully handled hundreds of personal injury cases throughout South Florida, including challenging situations where fault questions arise. We know how to investigate these accidents thoroughly, work with expert witnesses, and build strong cases that minimize our clients’ fault percentages while maximizing their compensation.Scott Sobol brings over two decades of personal injury experience and admissions to multiple state bars, including Florida, Illinois, and Texas. Our team has earned more than 100 five-star Google reviews by providing personalized attention and aggressive advocacy for every client. We work on a contingency fee basis, so you pay nothing unless we win your case. If you’ve been injured in a pedestrian accident, don’t let questions about liability prevent you from seeking the compensation you deserve. Contact us today to schedule your free consultation and learn how we can help protect your rights.

LEGALLY REVIEWED BY:
Scott Sobol
November 4, 2025

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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