Call us Today at (954) 458-8655

According to Florida law, pedestrians do not always have the right of way:

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.
 
See: Florida Statute 316.130(10)

Also, according to an appellate case, the court stated:

Here, the only reasonable inference from the evidence is that the defendant’s own negligence created or contributed to the creation of the sudden emergency. The rights of a pedestrian and a motorist are reciprocal, Robb v. Pike, 1935, 119 Fla. 833, 161 So. 732; Nelson v. Ziegler, Fla. 1956, 89 So.2d 780, and the defendant had some duty to keep from hitting the girl if she was, in fact, walking on the road, just as she had some duty to stay out of the way of his car. But we do not think his duty to keep a normal lookout for pedestrians justifies the defendant in completely ignoring the traffic situation in which he was at the time involved, as shown by his own testimony, and that his negligence in so doing unquestionably contributed to, if it did not create, the sudden emergency. This being so, the defendant was not entitled to a charge on sudden emergency. The giving of such charge was error and it was, unquestionably, reversible error.
 
See: Bellere v. Madsen, 114 So. 2d 619 (Fla. 1959)

Related:

_______________

Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
 
If you found this information helpful, please share this article and bookmark it for your future reference.