It’s no secret that many cities and areas in Florida are not very walkable or pedestrian-friendly. As such, there are many instances in which pedestrians are struck and injured or killed by vehicles while traveling on foot. If this reflects your circumstances, you may wonder if you can recover compensation because you were outside of a crosswalk at the time of your injuries. The following blog explores what you should know about jaywalking and how a Broward County pedestrian accident lawyer can help you through these challenging times.
What Is Jaywalking, and Is It Illegal?
Jaywalking is a term to describe the act of a pedestrian crossing the road at any point other than in a marked crosswalk. In most states, legislation prevents pedestrians from engaging in such activity.
It’s important to note that Florida does not have any laws specifically relating to “jaywalking.” However, the state does have laws about unlawful actions by pedestrians, which many consider jaywalking. Flordia prohibits pedestrians from walking in the road when a sidewalk is available or crossing when facing a red light.
This state, unlike others, allows pedestrians to cross the road when there is no crosswalk, so long as they do so at a right angle and yield to approaching vehicles.
However, it should be noted that despite being technically legal, this behavior is often unsafe. Unfortunately, cars may not be able to yield, resulting in a collision. It is the responsibility of the pedestrian to ensure there are no cars close enough that they will be unable to stop before stepping off the curb into the roadway.
Can I Still File a Claim Against a Driver if I Was Jaywalking?
Because Florida has no laws specifically prohibiting someone from crossing the street outside of an intersection, you can still file a claim, even if you were not in a crosswalk at the time you were struck by a vehicle. However, there may be other limitations on your claim, as it must be determined whether or not you had the right-of-way to enter the roadway.
For example, if you step out in front of a car 20 feet away, the driver likely will not be able to stop in time to avoid hitting you. In this instance, the blame would likely fall on you. However, if they are half a block away, they should be able to see that you are on the road before slowing down. If they do not and you are struck, this would constitute driver negligence. As such, you can proceed with a claim.
Unfortunately, many drivers do not share the road with pedestrians. As such, it’s essential to recover the compensation you are entitled to when you are injured by a vehicle while crossing the road. At the Finizio Law Group, we can help you fight for compensation for the damages you’ve suffered at the hands of a negligent driver. Contact us today to learn more about how we can assist you.
