The routes of motorists often intersect with the intended pathways of pedestrians. Traffic signals, stop signs, yield signs, and crosswalk laws in Florida exist to promote traffic safety for everyone on the roads. Misinformation and misunderstandings about who has the right of way in a crosswalk or intersection contribute to many pedestrian accidents every year. Learning how the local crosswalk laws work could help prevent an accident from impacting your life as either a motorist or pedestrian.
When you are involved in an accident at a crosswalk, you might wonder who bears legal responsibility. An experienced pedestrian collision attorney at Emmanuel Sheppard & Condon could review the evidence from the crash to determine who is liable.
Florida Statutes § 316.130 outlines the relevant requirements for both drivers and pedestrians. Many people wrongly believe that pedestrians always have the right of way. They think that people can dash into the road and cross anywhere, and any car they encounter is legally obligated to stop for them. Pedestrians cannot run into traffic and then expect the driver who hit them to be legally responsible for the cost of their injuries. Both motorists and pedestrians need to abide by the local right-of-way rules. Who is legally at fault for a crash between a motor vehicle and a pedestrian depends on the particular circumstances of the accident.
Pedestrians crossing the road outside crosswalks should always yield to oncoming traffic. They should always cross streets at right angles and not diagonally.
Even at crosswalks, pedestrians do not always have the right of way. If they are at an intersection with traffic signals, walkers need to abide by the traffic signals. They must yield if they have a “don’t walk” signal or a red light. Drivers must stop and yield to pedestrians who are in a crosswalk with a traffic signal. If there are no traffic signals at a crosswalk, motorists should generally yield to pedestrians.
Understanding these laws can be difficult, which is why speaking with a knowledgeable local lawyer is important.
Often, the driver and pedestrian are both partly to blame for an accident. Sometimes, pedestrians cross as the traffic signal changes, or drivers rush through intersections without yielding. In these circumstances, courts need to assign percentages of blame to see who is more at fault for the collision. Florida operates with a modified comparative negligence standard, which means that an injured pedestrian could still pursue a claim against the motorist who hit them if they can prove that the driver was at least 50 percent to blame for the crash. However, their damages would be reduced by their own amount of fault. For instance, if a court determines that the driver was 60 percent at fault and the pedestrian was 40 percent to blame, the pedestrian could collect 60 percent of their damages instead of the full 100 percent.
Working with an attorney with experience handling comparative fault cases is critical to obtaining a fair damages award.
Crosswalk laws in Florida are not always self-explanatory. Sometimes, it can be difficult to understand who has the right of way. A seasoned attorney at Emmanuel Sheppard & Condon could answer your questions and help you understand your rights, responsibilities, and legal options.
Schedule a consultation with our dedicated legal team to learn more.