Can a Pedestrian Hit by a Car in Florida Sue if They Were Jaywalking?

Can a Pedestrian Hit by a Car in Florida Sue if They Were Jaywalking?

Have you been injured as a pedestrian in Florida while crossing outside a designated crosswalk? Your right to pursue compensation might still exist, even if you were jaywalking at the time of the accident. Florida law recognizes that both drivers and pedestrians share responsibility for road safety, making these cases more complex than many people realize.

To help you understand your legal options after being hit by a car in Florida, we examines Florida's pedestrian laws, to explain how comparative negligence affects your claim. This guide outlines the steps needed to pursue compensation for your injuries. We'll explore important factors like traffic signals, right-of-way rules, and the specific duties both drivers and pedestrians must follow under Florida law.

Florida's High Pedestrian Accident Rates

The alarming rate of pedestrian accidents in Florida demands your immediate attention. Understanding these statistics could help protect you and your loved ones while walking on Florida's streets.

Statistics on pedestrian accidents

Recent data paints a concerning picture of pedestrian safety in Florida. The state ranks second nationally for pedestrian fatalities, with devastating numbers from recent years:

• 9,450 pedestrian crashes in 2021
• 7,285 injuries reported
• 817 fatal accidents
• 25% increase in pedestrian deaths between 2020-2021

Common causes of pedestrian-vehicle collisions

Your risk of being hit by a car in Florida increases significantly due to several prevalent factors. Distraction remains the leading cause, with both drivers and pedestrians often failing to maintain proper awareness. Other significant contributors include:

1. Drivers failing to yield at crosswalks
2. Excessive speeding in residential areas
3. Poor visibility during night hours
4. Inadequate pedestrian infrastructure

High-risk areas for pedestrians

You should exercise particular caution in these high-risk locations across Florida:

Special warning: The stretch of US-19 running through the Tampa region has been identified as potentially the deadliest road for pedestrians in the entire United States. Intersections near commercial areas and busy thoroughfares pose particularly high risks, especially during peak traffic hours.

The risk is even higher in lower-income communities, where you're less likely to find marked crosswalks, adequate sidewalks, and proper safety infrastructure. Additionally, areas around schools, shopping centers, and tourist attractions consistently show elevated accident rates.

Jaywalking Laws and Penalties in Florida

Understanding Florida's pedestrian laws might surprise you - especially when it comes to what many call "jaywalking." Despite common beliefs, the term "jaywalking" actually has no legal definition in Florida statutes.

Legal definition of jaywalking

While not officially defined in Florida law, actions commonly referred to as jaywalking fall under Florida Statute 316.130. This statute outlines specific rules for pedestrian movement, including:

• Crossing against traffic signals
• Walking between adjacent intersections with traffic signals
• Crossing diagonally (unless specifically authorized)
• Suddenly leaving a curb into vehicle traffic

Fines and consequences for jaywalking

If you're cited for improper crossing in Florida, you face varying penalties depending on your location:

Beyond financial penalties, improper crossing can significantly impact your ability to recover damages if you're injured in an accident. Under Florida's modified comparative negligence law, your compensation could be reduced or eliminated based on your level of responsibility.

Exceptions to jaywalking rules

You might be surprised to learn that crossing mid-block isn't always illegal in Florida. Here are situations where crossing outside a crosswalk may be legal:

1. When there aren't traffic signals at adjacent intersections
2. In areas without available crosswalks, provided you:
   • Cross at a right angle to the curb
   • Yield to all vehicle traffic
   • Choose a safe gap between vehicles

Remember, even when crossing legally outside a crosswalk, you must exercise reasonable care for your safety. This means being vigilant and ensuring vehicles have adequate time to stop before attempting to cross.

Determining Liability in Pedestrian Accidents

When a pedestrian accident occurs in Florida, determining who's at fault isn't always straightforward. Your right to compensation depends on several crucial factors that shape liability determination.

Driver responsibilities

Florida law holds drivers to a strict duty of care when sharing the road with pedestrians. Your case against a driver strengthens if they failed to:

• Exercise due care to avoid collisions
• Give warning when necessary
• Stop completely at crosswalks
• Yield to pedestrians in designated crossing areas
• Exercise extra caution around children or incapacitated persons

Pedestrian duties of care

Your responsibilities as a pedestrian play a significant role in liability determination. Under Florida law, you must:

1. Obey all traffic control devices
2. Use sidewalks when available
3. Walk facing traffic if no sidewalk exists
4. Yield to vehicles when crossing outside crosswalks
5. Cross at right angles to the curb

Role of traffic signals and crosswalks

Traffic signals and crosswalks significantly impact your case's outcome. When you're in a marked crosswalk with a proper signal, drivers must stop and remain stopped until you've safely crossed. However, you can't suddenly leave a curb when an approaching vehicle is too close to yield safely.

Even if you share some responsibility, you might still recover damages. For instance, if you were crossing outside a crosswalk but the driver was speeding or distracted, both parties may bear partial responsibility. Your personal injury attorney can help evaluate the specific circumstances and build a strong case for maximum compensation.

Remember, gathering evidence immediately after the accident strengthens your position. This includes photos, witness statements, and surveillance footage that might show the driver's negligence or confirm your proper adherence to pedestrian laws.

Pursuing Compensation as a Jaywalking Pedestrian

Despite being involved in a jaywalking incident, your right to seek compensation remains intact under Florida law. Even with partial fault, understanding your options for recovery is crucial for protecting your interests.

Types of damages recoverable

After a pedestrian accident, you can pursue both economic and non-economic damages. Here's what you might be entitled to recover:

If you're found partially at fault, Florida's pure comparative negligence system affects your compensation. For instance, with $10,000 in damages and 50% fault, you'd receive $5,000. However, you maintain the right to pursue compensation regardless of your percentage of fault.

Statute of limitations for filing a claim

Time is critical in your pedestrian accident case. Florida law establishes a two-year deadline from the accident date to file your personal injury claim. Missing this deadline could permanently bar you from seeking compensation. However, certain circumstances might extend this timeline:

• Cases involving minors
• Government entity involvement
• Delayed injury discovery

Working with a personal injury attorney

Your personal injury attorney becomes your advocate, handling crucial aspects of your case:

1. Investigating accident circumstances
2. Collecting and analyzing evidence
3. Calculating fair compensation
4. Negotiating with insurance companies
5. Protecting your rights throughout the process

An experienced attorney can help push back against unfair accusations of fault and work to maximize your compensation. They'll handle communications with insurance adjusters, who often try to minimize settlements, especially in jaywalking cases. Your lawyer will also ensure all documentation is filed correctly and within required deadlines, strengthening your position for fair compensation.

Remember, insurance companies may attempt to use your jaywalking as leverage to reduce your settlement. Having skilled legal representation helps ensure your rights are protected and your case is presented effectively, regardless of the circumstances surrounding your accident.

Conclusion

Florida's pedestrian accident laws protect your right to seek compensation after being hit by a vehicle, regardless of whether you were jaywalking at the time. Your status as a jaywalking pedestrian doesn't automatically disqualify you from recovering damages, though it may affect the final compensation amount through Florida's pure comparative negligence system. Understanding both driver and pedestrian responsibilities helps establish a clear picture of liability and supports your path to recovery.

Quick action remains essential after any pedestrian accident, as evidence collection and proper case documentation significantly impact your chances of receiving fair compensation. Legal expertise proves vital when navigating these complex cases, especially when jaywalking might be involved.

If you were involved in an accident or hit by a car, call our Fort Myers Pedestrian Accident Attorneys at Pittman Law Firm, P.L. today for a free consultation.

Remember, while Florida law protects pedestrian rights, your active role in pursuing those rights through proper legal channels determines your ability to secure the compensation you deserve.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.