Florida consistently ranks among the states with the highest number of pedestrian accidents. With a mix of high traffic volume, tourist areas, and walkable city centers, the risk of pedestrian injuries is significant. But when an accident occurs, the key legal question becomes: who is at fault?
Understanding liability in Florida pedestrian accidents can help injured individuals protect their rights and seek compensation.
Florida Law on Pedestrian Right-of-Way
Under Florida law:
- Drivers must yield to pedestrians in marked crosswalks.
- Pedestrians must obey traffic signals and cross at designated crosswalks or intersections.
- Jaywalking is illegal, and pedestrians may be held partially at fault if they cross outside a crosswalk or against a signal.
Both drivers and pedestrians have a duty to exercise reasonable care. When one party violates traffic laws or behaves negligently, they may be held liable for an accident.
Determining Fault in a Pedestrian Accident
Determining liability depends on the specifics of the incident. Factors that may be considered include:
- Was the pedestrian in a marked crosswalk?
- Did the driver fail to yield or run a red light?
- Was the pedestrian impaired or distracted (e.g., using a phone)?
- Were there road hazards or poor visibility?
- Did either party violate traffic signals or laws?
Florida’s Modified Comparative Negligence Rule
Florida follows a modified comparative negligence rule:
- If the pedestrian is 50% or less at fault, they can still recover damages, but the compensation will be reduced by their percentage of fault.
- If the pedestrian is more than 50% at fault, they are barred from recovering compensation.
For example, if a pedestrian is found 30% at fault and the total damages are $100,000, they may receive $70,000.
Common Causes of Pedestrian Accidents
- Distracted or impaired driving
- Speeding in residential or school zones
- Failing to yield at crosswalks
- Poorly marked intersections or missing signage
- Pedestrians walking at night without visibility gear
Did You Know?
Florida law requires drivers to stop and remain stopped for pedestrians in crosswalks when traffic control signals are not present. Violations can result in fines and points on a driver’s license—and civil liability if someone is injured.
Legal Advice for Pedestrian Accident Victims
- Seek medical attention immediately and keep all records
- Report the accident to police and request a copy of the report
- Document the scene with photos and witness information
- Do not admit fault, even if you feel partially responsible
- Speak with a legal professional to evaluate your rights and compensation options
- At Kemp Law Group, we help injured pedestrians navigate Florida’s complex liability laws and fight for the compensation they deserve. If you or a loved one was struck by a vehicle, contact us today for a free consultation.
📞 Call 727-847-4878 or visit https://kemplaw.com to learn more about your legal rights.
