Each year in Florida and throughout the country people travel by foot without thinking about the possibility of being hit by a car, truck or other motorized vehicle. Unfortunately, pedestrians are injured, and even killed, by a driver who is negligent because he or she is either distracted or simply is not paying attention to his or her surroundings. Like most personal injury cases, injuries from these types of accidents can lead to lost wages, medical bills and pain and suffering.
Florida Pedestrian Law
Florida Statute 316.30 (a copy of which can be found below) sets forth the law related to pedestrians, including directions on right-of-way issues between drivers and pedestrians. When an accident occurs between a motor vehicle and a pedestrian, police officers and investigators record the details and circumstances of the accident. Some of the information the investigators collect are:
Using this information and other information obtained from witnesses, investigators recreate the circumstances that lead to the accident and try to determine who was at fault. Under the statute, the driver of a motor vehicle is responsible for exercising due caution when a pedestrian is on or near a street or highway. This is particularly true in cases where the pedestrian is confused, incapacitated or is a child.
Causes of Pedestrian Accidents
There are many reasons why pedestrians are injured by cars or other motor vehicles. Most of these reasons are preventable; it’s just a matter of the driver being careful and paying attention to the roadway. Some examples of negligent behavior which cause pedestrian accidents include:
Interestingly, a report by the U.S. Department of Transportation National Highway Traffic Safety Administration determined alcohol was involved — either by the driver or by the pedestrian — in 47 percent of the traffic crashes that resulted in pedestrian fatalities. The study also found that more than two-thirds (69%) of the pedestrians killed in a given year were males. To learn more pedestrian car accident facts, see the Department's website about pedestrian safety.
Types Of Injuries Possible From Pedestrian Accidents
Because a pedestrian is unprotected, the injuries sustained can be severe and can include:
Any of these injuries related to a car accident can require hospitalization and long term medical treatment. If you have been injured in a pedestrian accident, after you seek medical attention, you should consult with an experienced car accident lawyer to learn about your rights, including how you are going to recover your lost wages and pay your medical bills.
Why Alan Sackrin?
What sets Alan apart from other car accident lawyers are his extensive trial skills and experience with juries and his understanding of accident reconstruction analysis, crash analysis, road condition analysis, speed analysis, analysis of driver reaction times and perception and other elements that are essential to prove driver negligence. Additionally, he provides unfettered access to himself and his veteran support staff to help answer your questions and begin the process of finding out what went wrong and he strives to add value to his clients. He adds value to his clients because he will go to trial when the insurance company denies coverage or doesn't make a settlement offer that he believes is fair. Alan won't send his client to a different lawyer to file a lawsuit, he's the lawyer that other lawyers send their cases to when they are unable to obtain a reasonable settlement offer.
Florida Lawyer Alan Sackrin is a Board Certified Civil Trial Specialist – one of only 1069 Lawyers in the State of Florida to Achieve This Distinction (as of January 2012)
Hire an attorney who for over 30 years has collected millions of dollars for injured people—people like you, who need help right away. A lawyer that has handled numerous difficult car accident cases.
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316.130 Pedestrians; traffic regulations.—
(1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
(2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.
(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
(5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.
(6) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
(13) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(14) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
(16) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(17) No pedestrian may jump or dive from a publicly owned bridge. Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection.
(18) No pedestrian shall walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; however, this subsection does not apply to maintenance personnel of any governmental subdivision.
(19) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation.