In 2021, Florida was one of the most desirable states in the country, drawing record numbers of new residents. Experts estimate a large percentage of those new residents saw their opportunity to come live in beautiful weather and away from cold winters now that so many companies have adopted remote and work-from-home policies. But with an increase in population comes a significant increase of motorists, bikers, and pedestrians – making the roads more crowded and more potentially dangerous for everyone. New residents may not be aware that Florida law protects pedestrians in many ways. For instance, according to state law, motorists must come to a complete stop at any pedestrian crosswalk when someone is crossing – or waiting to cross – the street. Because most drivers assume they have the right of way on the roadways, this could cause some hazardous situations.
Whether you are a motorist or a pedestrian, it can be challenging to establish fault after an accident. When you hire a personal injury lawyer, they can assist you in reviewing your situation, gathering evidence, and deciding if you have a case.
Newcomers to Florida will especially notice the favorable attitude towards pedestrians in beach and tourist neighborhoods such as in Siesta Key Village in Sarasota or St. Armand’s Circle on Lido Key. Drivers are required to yield right of way to all those crossing the street – and will likely be the recipient of an impressive traffic ticket if they fail to do so. Depending on the scenario, law enforcement may issue warnings, civil citations, and fines to those who violate the local crosswalk law.
Crosswalks are marked with a large yellow sign featuring a walking figure, and many Florida pedestrian crossings also have installed flashing lights. However, that is your only indication that a person may be crossing the street. When the yellow lights begin flashing, traffic in both directions is required to stop their vehicle and permit the people to cross the road safely. Often there is a significant amount of pedestrian activity – but regardless of the volume or how often traffic is stopped, they always enjoy the right of way.
Important to Note: Pedestrians do not have the right of way if they are crossing at a traffic light or if they are jaywalking. These laws and this article apply to marked pedestrian crossing areas only.
According to the Florida Statute
F.S.A. § 316.130: Vehicles must yield to pedestrians in crosswalks when pedestrians are on the vehicle’s half of the road. Pedestrians must not leave the curb when vehicles are close. Pedestrians must yield to cars when outside of crosswalks. No crossing diagonally at intersections with traffic signals.
Pedestrians must use a crosswalk to cross legally and under the statute’s protection.
This statute compels a motorist to stop their vehicle when an individual steps into the pedestrian crosswalk. If there is no one in the crosswalk, drivers are not required to stop. Motorists must be attentive when approaching any crosswalk, looking for pedestrians on both sides of the street. Although pedestrians are expected to use common sense when entering the road, drivers need to stay vigilant – especially as some crosswalks do not have flashing lights but are only marked with the yellow sign.
If you were injured while legally crossing the street, you might have a case against the negligent driver. Call the personal injury attorneys at Probinsky & Cole to discuss the details of your situation. We can help determine the merits of your case. We assist victims up and down the Gulf Coast with offices in the Sarasota, Tampa, and Orlando areas. If you deserve compensation, Probinsky & Cole will work with you to obtain it.
