It’s a scenario no one wants to imagine: you’re crossing the street, and suddenly, you’re struck by a vehicle. The situation is traumatic enough, but what if you were crossing outside of a designated crosswalk? Many people assume that if they were jaywalking, they automatically forfeit any right to compensation for their injuries. While jaywalking can certainly increase the complexity of your claim, it doesn't automatically bar you from recovering damages. Florida operates under a legal principle that can allow even a partially at-fault pedestrian to seek compensation. Understanding how this works is fundamental for protecting your rights after an accident.

This article explores the key factors that influence an injury claim when a pedestrian is hit while jaywalking in Florida. We will examine the state’s pedestrian laws, the responsibilities of both drivers and pedestrians, and how fault is determined in these complex cases.

What Exactly Constitutes Jaywalking in Florida?

The term "jaywalking" is widely used, but it doesn’t have a single, formal definition in Florida law. Instead, the state has a series of statutes that govern pedestrian behavior on roadways. Essentially, jaywalking refers to any instance of a pedestrian crossing a street in violation of these specific traffic rules.

Florida Statute 316.130 outlines the responsibilities of pedestrians. According to this law, if a pedestrian is crossing a roadway at any point other than within a marked crosswalk or at an intersection, they must yield the right-of-way to all vehicles on the road. This means a pedestrian cannot step off a curb and into the path of an oncoming vehicle that is so close it would be impossible for the driver to stop.

However, the statute also places a significant duty on drivers. It explicitly states that every driver must exercise due care to avoid colliding with any pedestrian, regardless of the circumstances. This includes using their horn when necessary and taking proper precautions when observing a child or a confused or incapacitated person on the roadway.

Here are some common examples of what would be considered jaywalking in Florida:

• Crossing mid-block between two intersections where there are no marked crosswalks.
• Crossing against a "Don't Walk" signal at an intersection.
• Failing to yield the right-of-way to vehicles when crossing outside of a crosswalk.
• Walking on a highway or street while under the influence to the extent that you are a hazard.

It’s important to recognize that even if you have the right-of-way in a crosswalk, you are still required to act with reasonable care for your own safety. Stepping in front of a car that clearly has no time to stop could still be considered negligent. After an accident, it's critical to speak with a pedestrian accident attorney in Florida to confirm your eligibility to file a claim.

How Florida’s Comparative Negligence Rule Affects Your Injury Claim

The most significant factor in these cases is Florida’s comparative negligence system. Prior to a recent change in the law, Florida followed a "pure" comparative negligence rule. This meant you could recover damages even if you were 99% at fault for the accident, although your compensation would be reduced by your percentage of fault.

However, in 2023, Florida law changed. The state now uses a modified comparative negligence model with a 51% bar. Under this new system:

• If you are found to be 50% or less at fault for the accident, you can still recover damages from the other party. Your final compensation award will be reduced by your percentage of fault.
• If you are found to be 51% or more at fault, you are barred from recovering any damages at all.

Let's consider an example. Suppose a pedestrian is hit while crossing a street mid-block at night, wearing dark clothing. The driver was also speeding and texting at the time of the accident. After an investigation, a court determines the pedestrian was 40% at fault for the accident, and the driver was 60% at fault.

If the pedestrian’s total damages (medical bills, lost wages, pain and suffering) amount to $100,000, their recovery would be reduced by their 40% share of the fault. They would therefore be able to claim $60,000 from the driver's insurance.

If, however, the court found the pedestrian to be 60% at fault, under the new law, they would receive nothing. This change makes it more important than ever to build a strong case that minimizes your assigned percentage of fault.

The Driver’s Duty of Care: Why a Pedestrian Accident Attorney in Florida Can Be a Powerful Ally

Even when a pedestrian is jaywalking, drivers are not absolved of their responsibility to operate their vehicles safely. As mentioned, Florida law requires drivers to exercise "due care" to avoid hitting pedestrians. This is a broad legal standard, but it generally means a driver must act as a reasonably prudent person would under similar circumstances.

A skilled pedestrian accident attorney in Florida will investigate whether the driver breached this duty of care. Some common forms of driver negligence that can lead to a car accident involving a pedestrian in FL include

• Distracted Driving: Was the driver texting, talking on the phone, adjusting the radio, or otherwise not paying attention to the road? Phone records and witness testimony can often prove distraction.
• Speeding: A driver who is exceeding the speed limit has less time to react to a pedestrian in the road. Accident reconstruction experts can often determine a vehicle's speed at the time of impact.
• Driving Under the Influence: If a driver is impaired by alcohol or drugs, their reaction time and judgment are severely compromised.
• Failing to Yield: In some situations, even if a pedestrian is outside a crosswalk, a driver may still have a last clear chance to avoid the collision. If a reasonably attentive driver would have seen the pedestrian and been able to stop or swerve, the driver may still be held liable.
• Poor Vehicle Maintenance: Inoperable headlights or worn-out brakes can contribute to an accident and point to driver negligence.

An experienced attorney can gather evidence to demonstrate the driver’s fault. This might involve obtaining the police report, interviewing witnesses, subpoenaing phone records, and hiring accident reconstruction experts to analyze the scene.

Building Your Case: What a Pedestrian Accident Lawyer Will Investigate

When you work with a pedestrian accident lawyer, their primary goal is to prove that the driver’s negligence was a significant contributing factor to your injuries. They will meticulously build a case designed to shift as much of the fault as possible onto the driver.

Key questions they will seek to answer include:

• Did the driver have a reasonable opportunity to see you? Factors like the time of day, weather conditions, street lighting, and the color of your clothing will be considered.
• How fast was the driver going? Skid marks, vehicle damage, and expert analysis can help establish the driver's speed.
• Was the driver paying attention? Witness statements and electronic data from the vehicle or the driver’s phone can be powerful evidence of distraction.
• Were there any other contributing factors? A poorly designed road, malfunctioning traffic signals, or an obstructed view could also play a role.

By establishing the driver's negligence, your attorney can argue that your act of jaywalking was only a minor factor in the accident. This is essential for ensuring your assigned fault remains below the 51% threshold that would prevent you from recovering compensation.

What if the Insurance Company Blames You?

It is standard practice for insurance adjusters to attempt to place as much blame as possible on the injured party. They may call you shortly after the accident and try to get you to admit fault in a recorded statement. They might say things like, "Since you were jaywalking, we aren't liable for your injuries."

This is why it is so important to refrain from speaking with the at-fault driver's insurance company before you have consulted with a pedestrian accident lawyer in FL. An attorney can handle all communications with the insurer on your behalf, protecting you from tactics designed to devalue or deny your claim. They will present the evidence of the driver's negligence and negotiate for a fair settlement that accurately reflects the driver's share of the responsibility.

Damages You Can Recover in a Florida Pedestrian Accident Claim

If you are successful in your claim, you may be entitled to recover compensation for a wide range of damages, including

• Medical Expenses: This covers everything from emergency room visits and hospital stays to surgery, physical therapy, medication, and future medical care.
• Lost Wages: If your injuries prevent you from working, you can be compensated for the income you have lost.
• Loss of Earning Capacity: If your injuries result in a permanent disability that affects your ability to earn a living in the future, you can claim damages for this loss.
• Pain and Suffering: This compensates you for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
• Punitive Damages: In rare cases where the driver's conduct was particularly reckless or intentional (such as in some drunk driving cases), a court may award punitive damages to punish the defendant and deter similar behavior.

An experienced attorney will help you document all of your losses to ensure you demand the maximum compensation you are owed.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Being hit by a car is a terrifying experience, and the legal aftermath can be just as intimidating, especially if you were jaywalking. The insurance company may try to convince you that you have no case, but that is often not the truth. Under Florida's comparative negligence law, you may still have a valid claim for compensation.

Don't let the insurance company decide your rights. At Brandon J. Broderick, Attorney at Law, we have a deep understanding of Florida's complex pedestrian accident laws. We know how to investigate these cases, gather the evidence needed to prove driver negligence, and fight back against unfair blame placed on victims. We are committed to holding negligent drivers accountable and securing the financial resources our clients need to recover and rebuild their lives.

Contact us today for a free, no-obligation consultation. We will listen to your story, evaluate the details of your case, and explain your legal options. You can reach us at any time of day or night.