pedestrian right-of-way laws | florida personal injury lawyer

You're walking home from dinner in downtown Seminole, enjoying the pleasant evening air. As you approach an intersection with the pedestrian signal in your favor, a car making a right turn barely misses you, the driver looking down at their phone instead of the crosswalk.

According to the National Highway Traffic Safety Administration, Florida consistently ranks among the most dangerous states for pedestrians. Pinellas County alone sees hundreds of pedestrian accidents annually, dozens of which are fatal. As Seminole residents, understanding your rights and responsibilities as a pedestrian isn't just helpful; it could save your life.

Florida Pedestrian Laws Explained Simply

Florida has established clear laws governing pedestrian movement and right-of-way on public roads. These statutes create a framework that protects pedestrians and holds them accountable for safe behavior.

Pedestrian Right-of-Way at Crosswalks

Florida Statute 316.130(7) states that drivers must yield the right-of-way to pedestrians in crosswalks when pedestrians are on the half of the roadway upon which the vehicle is traveling or approaching so closely from the opposite half as to be in danger.

If you're crossing Park Boulevard at a marked crosswalk, like on the corner of Oakhurst Road, and have already entered, drivers must stop for you. However, pedestrians cannot suddenly leave a curb into the path of a vehicle that's too close to stop.

Crossing Outside of Crosswalks

When crossing outside marked crosswalks, pedestrians must yield to vehicles. Florida Statute 316.130(10) requires pedestrians crossing at any point other than within a marked crosswalk to yield to all vehicles.

Sidewalk Priority

When sidewalks are provided, Florida law requires pedestrians to use them rather than walking on the road. If no sidewalk exists, Florida Statute 316.130(4) directs pedestrians to walk on the shoulder on the left side of the roadway, facing oncoming traffic.

Report Unsafe Conditions

Seminole and Pinellas County offer resources through the Forward Pinellas Safe Streets Action Plan. Residents can report unsafe conditions to Seminole's Public Works Department.

Pedestrian Responsibilities in Seminole

Pedestrians have legal obligations that help maintain safety for everyone using Seminole's roadways. Understanding these responsibilities can help prevent pedestrian accidents and strengthen your position if an incident occurs.

Following Traffic Signals

Florida law requires pedestrians to obey pedestrian-specific traffic signals. According to Florida Statute 316.130(2), pedestrians facing a "don’t walk" signal shall not enter the roadway. 

Suppose you cross against the signal at Seminole Boulevard and 70th Avenue and are struck by a vehicle. In that case, you might be found partially or wholly responsible for the pedestrian accident, limiting your ability to recover damages.

Visibility Concerns

Wearing light-colored clothing or reflective materials significantly increases your visibility to drivers, especially at dusk or after nightfall. Consider carrying a flashlight when walking in poorly lit areas.

Alcohol and Pedestrian Safety

Walking while impaired creates significant risks. About 30% of pedestrians killed in traffic crashes in 2022 had blood alcohol concentrations above the legal driving limit of 0.08. Consider using rideshare services rather than walking home after drinking.

Florida Driver Responsibilities Toward Pedestrians

Drivers in Seminole must exercise due care to avoid hitting pedestrians by:

  • Being watchful for pedestrians in high-traffic areas
  • Giving pedestrians extra space when passing
  • Driving at appropriate speeds in pedestrian areas
  • Avoiding distractions like cellphone use while driving

Florida law imposes an even higher duty of care toward children and disabled pedestrians, particularly near schools, parks, and recreational areas. Drivers who fail to yield to pedestrians in crosswalks face moving violations, points on their license, and fines. If a pedestrian is injured, the driver may face civil liability and, in cases involving reckless driving, DUI, or hit-and-run, criminal charges.

Common Pedestrian Accident Scenarios in Seminole

Despite laws designed to protect pedestrians, certain situations repeatedly lead to pedestrian accidents in the Seminole area. Recognizing these common scenarios can help you stay alert to potential dangers while walking around town.

Crosswalk Confusion

Even at marked crosswalks with signals, pedestrian injuries happen when either party fails to follow protocol. Always make eye contact with drivers before crossing, even when you have the right of way.

Parking Lot Perils

Parking lots at popular destinations like Seminole Towne Center present unique hazards. Use designated pedestrian walkways when available. Drivers might not notice foot traffic as they navigate the parking lot.

Distracted Walking

A pedestrian who is focused on their phone might step into traffic without looking. If you need to use your phone, pause in a safe location away from traffic.

What To Do If You're Injured as a Pedestrian in Florida

If you’ve been struck by a vehicle as a pedestrian, be sure to seek medical attention, even if injuries seem minor. Document everything, taking photos, gathering witness information, and noting road and weather conditions. Finally, report the accident to the police and consult a Seminole personal injury lawyer for guidance. 

Florida law follows the comparative negligence standard. This means compensation may be reduced by your percentage of fault. For example, if you are jaywalking and a car hits you, you might be found partially at fault. If you are more than 50 percent to blame, you may lose your right to recover damages. 

Victims of pedestrian accidents generally have two years to file a personal injury lawsuit. Compensation may include medical expenses, lost wages, and pain and suffering.