Florida Laws on Jaywalking
Florida, unlike many other states does not use the term “jaywalking” in its laws and statutes. But pedestrians, like drivers, are still expected to follow certain rules.
The Florida Uniform Traffic Control Code, for example, states that pedestrians are required to:
- Avoid walking along the road if a sidewalk exists.
- Where sidewalks are not available, walk only on the shoulders of the roads.
- At intersections, obey traffic signals including the “Walk” or “Do not walk” signals.
- Cross only at crosswalks and use the shortest route possible to cross the street if there is no crosswalk.
- When crossing the road without a crosswalk or traffic signal, always yield to the traffic in front of you.
Everyone who uses Florida’s roads has a “duty of care” that is distinct. This means that they must act in a reasonable manner to minimize their risk of injury or harm to others.
Sunshine State Drivers’ Expectations
You could be partially responsible for an accident if you jaywalk. However, this does not mean you cannot file a personal injury suit or insurance claim against a Florida driver who has made mistakes that contributed to an accident involving a pedestrian.
Florida drivers must usually:
- Cede your right of way to a pedestrian at a crosswalk, or an intersection with a signal.
- When pedestrians cross the road, yield to them by slowing down or stopping completely. This applies whether or not there is a crossing sign.
- Avoid passing or driving around vehicles that are slowed or stopped in order to allow a pedestrian to cross the road.
The driver is not always at fault when an accident occurs because a pedestrian failed to use the crosswalk or look both directions. However, they still need to exercise caution to avoid a collision. Due care can be many things. It can include slowing down if there are children nearby, or using the horn to alert pedestrians about an accident they can’t avoid.
Comparative Negligence in Florida and Lawsuits after a Pedestrian Injury
You have the right to sue a driver for personal injury or insurance if you are injured in an accident that was not your fault.
Determining fault is not always simple, especially if you are accused of jaywalking by an insurance adjuster. Florida courts may reduce your compensation if they believe that you contributed to or caused the accident.
According to this doctrine, if you are found partly at fault for an accident, your damages will be reduced in proportion to your level. If you are injured and have sustained damages of about $10,000 but you’re found 50% at fault, you could see your compensation reduced by half, leaving you with $5,000.
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