Do Pedestrians in Florida Always Have the Right of Way?

Florida pedestrians do not always have the right of way. However, pedestrians in crosswalks, parking lots, and sidewalks typically have the right of way on Florida roads.

Unfortunately, having the right of way is not a guarantee of safety – drivers may fail to yield, which can result in devastating accidents. According to the Governors Highway Safety Association (GHSA), Florida recorded nearly 900 pedestrian fatalities in a recent year. Only California had more. This is why it’s vital to understand Florida’s right of way laws and do everything you can to protect yourself from harm.

Where Do Pedestrians Have the Right of Way?

Florida pedestrians do not automatically have the right of way in every situation. When motorists and pedestrians don’t understand or follow state traffic laws, catastrophic consequences can occur.

So when do Florida pedestrians have the right of way? Here are some common situations where drivers must yield:

• Crosswalks – Pedestrians have the right of way in crosswalks with traffic signals when those signals indicate it’s their turn to cross the street. When there is no traffic signal, pedestrians have the right of way and drivers must slow or stop to let them go if they’re on the same side of the road. If they’re on the other side of the road and a pedestrian is walking toward their side, drivers must slow down or stop to allow the pedestrian to cross.
• Parking lots – While pedestrians should always watch out for vehicles in parking lots, drivers are responsible for yielding the right of way in these pedestrian-heavy environments.
• Sidewalks – Pedestrians have a responsibility to walk on sidewalks when they are present. As a result, they have the right of way on sidewalks. Drivers must wait to turn into parking lots or driveways until pedestrians have crossed. They also have a responsibility to verify sidewalks are clear before executing a turn.

Where Do Pedestrians Not Have the Right of Way?

Contrary to popular belief, pedestrians do not have the right of way in all situations. These are situations where motorists have the right of way and pedestrians must stop and wait until it is safe to walk. Motorists have the right of way under the following circumstances:

• Pedestrians do not have the right of way at intersections with traffic signals if the signal indicates it’s not their turn to cross. They must wait until the signal changes.
• Pedestrians do not have the right of way when crossing in the middle of a street. While crossing a street at a location where there isn’t an intersection with signals or a crosswalk is allowed, pedestrians should only do so once they’ve confirmed it’s safe. If a driver approaches while a pedestrian is crossing in this situation, they should yield the right of way.
• Pedestrians cannot suddenly walk into the road without leaving motorists enough time to stop safely.
• When a tunnel or overhead crossing path is provided for pedestrians, they do not have the right of way if they choose to cross the street rather than use the alternative path.

However, Florida law requires that drivers are careful not to hit pedestrians even if they don’t have the right of way.

Is Jaywalking Illegal in Florida?

Florida does not have a specific law against jaywalking. However, some behaviors that might fall under the category of jaywalking can be considered illegal and violate Florida traffic regulations. Pedestrians in Florida generally cannot:

• Cross between adjacent intersections with traffic signals except at marked crosswalks
• Cross an intersection diagonally
• Cross a road diagonally or at a path other than the shortest route between two curbs

Law enforcement can cite pedestrians for violating Florida traffic laws.

What Can Pedestrians Do to Avoid an Accident?

There are several precautions Florida pedestrians should take to protect themselves from being hit by a car, even in situations where they have the right of way. Some of the things you can do to keep yourself safe from a devastating pedestrian accident include:

• Use sidewalks whenever possible.
• When sidewalks aren’t available, walk on the left shoulder facing traffic.
• Obey all Florida traffic regulations, signs, and signals.
• Use crosswalks or cross at intersections.
• Always look both ways before entering a crosswalk or intersection, even when you have the right of way.
• Always pay attention to your surroundings.
• Make yourself easier to see by wearing bright colors.
• Wear reflective clothing and light, vibrant colors when walking at night.
• Make eye contact with drivers before crossing the road.
• Use caution in parking lots and near parked vehicles.

While drivers have a responsibility to avoid causing a collision, pedestrians must still be careful to avoid putting themselves in harm’s way, as they will suffer the most if an accident occurs. Always exercise extra caution to help avoid an accident.

Who Is Liable for a Florida Pedestrian Accident?

Establishing liability for a Florida pedestrian accident involves investigating the evidence to determine who caused it. Many different parties may bear some liability in pedestrian accident cases, including:

• Drivers
• Pedestrians
• Agencies responsible for maintaining traffic control signals, signage, and roads
• Vehicle and parts manufacturers, in cases where malfunctions lead to a crash

Florida is a no-fault state for vehicle accidents. This means when someone is injured in a collision, they must file a claim with their insurance company to access their personal injury protection (PIP) coverage. If a pedestrian is injured in an accident and they or someone in their household has an active auto insurance policy, they usually must file a claim with their insurer seeking coverage for their injuries.

However, a pedestrian may be able to file a personal injury lawsuit against the driver if their injuries are significant and insurance won’t fully cover their expenses. A skilled Florida pedestrian accident lawyer can help determine your options to pursue compensation for your losses.

Contact a Florida Pedestrian Accident Lawyer

Were you injured in an accident while walking in Florida? Discussing your situation with an experienced Florida pedestrian accident attorney makes managing the claim process less stressful and more straightforward. At Zervos & Calta, PLLC, we are committed to using our experience and resources to help you demand the compensation you deserve. Contact our office today for a free case evaluation.

Visit Our Pedestrian Accident Law Offices

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.