Will Jaywalking in Florida Jeopardize Your Pedestrian Accident Lawsuit?

Being involved in a car accident in Florida is a stressful and scary ordeal. If you are hit by a car while walking across the street in Florida, it is likely that you have suffered serious injuries. After all, Florida is one of the worst states for pedestrian accidents and pedestrians here suffer serious and often fatal injuries every single day. Sadly, after a pedestrian accident in Florida, you may be facing lifelong disabilities, mounding medical bills, and more questions than answers. Some of those questions may be “what if I am partly to blame for the accident?” and “can I still file an injury lawsuit?”

What If I was Jaywalking?

Jaywalking in Florida is not technically a legal term, but it is used to describe the actions of crossing the street unlawfully or without regard to traffic or designated crosswalks. Florida statutes require all pedestrians to follow basic Florida laws. Some of those laws include:

• Walking on sidewalks when provided
• Walk on the left shoulder of the road, facing traffic if sidewalks are not provided
• Pedestrians cannot step off curb and into traffic
• Pedestrians crossing the street at any spot not designated by a crosswalk must yield the right-of-way to oncoming vehicles
• Pedestrians must cross at a right angle from the curb
• Pedestrians cannot cross an intersection diagonally

Based on these laws, if you were crossing the street at a spot not designated by a crosswalk, you could be held least partially liable for the accident and for your injuries. However, car drivers also have rules to follow when driving on the road. If a car sees a pedestrian crossing the street – even if they’re doing so illegally – they have a responsibility to avoid the accident.

What is Comparative Negligence?

Florida is a pure comparative negligence state. This means that even if a person is found to be partly responsible for the accident, they can still collect damages. As an injured pedestrian, if you are found to be 50% at fault for the accident and you have $10,000 in medical bills, you would only be entitled to receive half of those damages ($5,000).

For this reason alone, it is important to have an experienced pedestrian accident lawyer on your side from the start. Your attorney will need to reconstruct the accident, examine all the evidence, and build a case that is designed to reduce your own liabilities and help you obtain maximum compensation.

Contact our West Palm Pedestrian Accident Lawyers Today

At Fetterman & Associates, our West Palm Beach pedestrian accident lawyers understand how scary it can be to be injured in a pedestrian accident. We know that pedestrians often sustain serious injuries that can result in a lifetime of disability, pain and suffering. We can help you through this difficult time and protect your rights every step of the way.

Our West Palm Beach pedestrian accident law team believes in fighting aggressively for individuals who have been injured in pedestrian accidents across the state of Florida. With offices conveniently located in North Palm Beach and Port St. Lucie, we are there wherever you need us. Call us today at (561) 845-2510 for a free initial consultation and review of your case. We know the law and we use this knowledge to fight for you.

Additional Reading

Do Pedestrians Always Have the Right of Way?

Why Pedestrian Accidents are on the Rise