The Florida sunshine and beautiful scenery invite people to walk, but our streets can be unforgiving. You’re crossing the street, maybe in a hurry, and you step off the curb a few feet away from the designated crosswalk. Suddenly, you hear the screech of tires, and your world changes in an instant. After the initial shock, pain, and medical attention, you might wonder, "I was jaywalking. Do I even have a case?"

It’s a common and devastating scenario across the state. Many people believe that if a pedestrian is hit by a car while improperly crossing the street, the driver is automatically free of all responsibility. This is a dangerous misconception. While jaywalking can certainly complicate your situation, it does not automatically prevent you from filing a personal injury claim and recovering financial compensation for your injuries.

Florida law operates on a principle that acknowledges reality—accidents are rarely 100% one person's fault. Understanding how blame is shared is essential to protecting your rights after a pedestrian accident. This article will break down the complexities of pedestrian laws in Florida, the duties of drivers, and how you can still pursue a claim for damages even if you were partially at fault.

Jaywalking in Florida: More Than Just Crossing the Street

Most people think of "jaywalking" as simply crossing a street in the middle of a block. In reality, the legal definition under Florida Statute 316.130 is broader. A pedestrian can be cited for a non-criminal traffic infraction for a number of actions, including

• Crossing an intersection diagonally unless authorized by a traffic control device.
• Walking into the path of a vehicle that is so close it is impossible for the driver to yield.
• Failing to use a marked crosswalk when one is available at an intersection.
• Crossing against a "Don't Walk" signal or a solid red light.

Florida consistently has one of the highest rates of pedestrian fatalities in the United States. Reports from organizations like Smart Growth America have repeatedly named Florida one of the most dangerous states for people walking. Given this sobering reality, both pedestrians and drivers must understand their shared responsibilities. While pedestrians are required to follow traffic laws for their own safety, a driver's legal obligation to operate their vehicle with care is not erased just because a pedestrian makes a mistake.

The Driver’s Duty of Care in a Florida Pedestrian Accident

In any personal injury case, the concept of "duty of care" is fundamental. All drivers in Florida have a legal duty to operate their vehicles in a reasonably safe manner to avoid harming others on the road—including pedestrians. This duty is not suspended when a pedestrian is jaywalking.

A driver must remain vigilant and aware of their surroundings. This includes:

• Maintaining a Proper Lookout: Actively scanning the road ahead and to the sides for potential hazards, including people who might be about to cross the street.
• Adhering to Speed Limits: Driving at a speed that is safe for the current conditions, which may be slower than the posted limit in areas with heavy foot traffic, bad weather, or poor visibility.
• Avoiding Distractions: Refraining from texting, talking on the phone, adjusting the radio, or engaging in any other activity that takes their attention off the road.
• Yielding the Right-of-Way: Even when a pedestrian does not have the technical right-of-way, a driver who has a clear opportunity to avoid a collision is expected to do so.

If a driver breaches this duty of care—for example, by speeding through a residential area or looking at their phone instead of the road—they can be found negligent. In a pedestrian accident case, the key is to determine whether the driver's negligence contributed to the collision, regardless of what the pedestrian was doing.

Florida’s Updated Comparative Negligence Rule and Your Personal Injury Claim

In 2023, Florida law underwent a major change that directly impacts personal injury claims. The state shifted from a "pure comparative negligence" system to a modified comparative negligence rule (under the updated Florida Statute 768.81). This legal change is a critical factor in any injury case, including those involving pedestrians.

Here’s how the current law works: In a Florida personal injury claim, the court or jury assesses the actions of everyone involved and assigns a percentage of fault to each party. Under the new modified comparative negligence rule, your ability to recover damages depends on your assigned percentage of fault.

The key threshold is 51%. If you are found to be more than 50% at fault for the accident, you are barred from recovering any damages. If your fault is 50% or less, you can still recover damages, but your total compensation will be reduced by your percentage of fault.

Let's re-examine the practical example under the new law:

Scenario 1: No Recovery

• A pedestrian crosses a busy street mid-block at night while wearing dark clothing and is hit by a car. Evidence shows the driver was speeding and impaired.
• A jury determines the pedestrian was 70% at fault, and the driver was 30% at fault.
• The pedestrian’s total damages are calculated to be $200,000.
• Result: Because the pedestrian's fault (70%) is more than 50%, they are completely barred from financial recovery. Under the current law, they would receive $0.

Scenario 2: Partial Recovery

Let's alter the facts slightly to see how a recovery is possible.

• Imagine the jury finds the pedestrian was only 30% at fault and the speeding, impaired driver was 70% at fault.
• The pedestrian's total damages are still $200,000.
• Result: Because the pedestrian's fault (30%) is not more than 50%, they can recover damages. Their award is reduced by their 30% share of the fault.
• Calculation: $200,000 (Total Damages) - $60,000 (30% of Total) = $140,000.
• The pedestrian can recover $140,000 from the at-fault driver.

This recent change is significant because, under the old "pure" system, the pedestrian in the first example could have recovered $60,000. The new law makes it much more difficult to recover compensation if you are found to be mostly responsible for your own injuries.

How Fault is Determined in a Florida Jaywalking Pedestrian Accident Lawsuit

Assigning these percentages of fault is not a guessing game. It is a meticulous process based on evidence. After a jaywalking pedestrian accident, insurance companies and attorneys will launch an investigation to determine liability. A seasoned personal injury lawyer will work to uncover all evidence that points to the driver's share of the blame.

Evidence used to establish fault in a personal injury lawsuit includes:

• The Official Police Report: This provides the responding officer’s initial observations, witness information, and sometimes a preliminary conclusion about how the accident happened.
• Eyewitness Statements: Testimony from anyone who saw the collision can provide an independent account of the driver's speed, the pedestrian's actions, and the overall conditions.
• Video Surveillance: Footage from traffic cameras, nearby businesses, doorbell cameras, or even a vehicle’s dash cam can provide indisputable proof of what occurred.
• Driver's Cell Phone Records: These can be subpoenaed to determine if the driver was texting, talking, or otherwise using their phone at the moment of impact.
• Vehicle Data Recorder ("Black Box"): Many modern cars have data recorders that can show the vehicle's speed, braking activity, and other critical information from the seconds before the crash.
• Accident Reconstruction Experts: These specialists can use physics and engineering principles to analyze physical evidence like skid marks, vehicle damage, and the final resting positions of the vehicle and pedestrian to create a scientific model of the accident.

This evidence collectively paints a picture of what happened, allowing a clear-headed assessment of how much responsibility should be assigned to the driver versus the pedestrian.

Why You Still Need a Personal Injury Lawyer in Florida, Even If You Were Jaywalking

When an insurance adjuster learns you were jaywalking, they often see it as an opportunity. Their primary objective is to protect their company's bottom line by paying out as little as possible. They will likely use the fact that you were not in a crosswalk to argue that you are 100% at fault and, therefore, they owe you nothing. They may try to get you to give a recorded statement where they can coax you into admitting complete fault.

This is why hiring an experienced personal injury attorney is so important. A skilled lawyer understands these tactics and knows how to counter them. We will:

• Preserve Critical Evidence: An attorney will immediately take steps to secure evidence like surveillance footage before it is erased and advise you on how to document your injuries and losses.
• Conduct a Thorough Investigation: They don't just rely on the police report. They will launch their own independent investigation to find evidence of the driver’s negligence that may have been overlooked.
• Handle All Communications: Your attorney will take over all communication with the insurance companies, protecting you from their aggressive tactics and ensuring your rights are upheld.
• Hire Top Experts: If needed, they will work with accident reconstructionists and medical experts to build the strongest possible case for the driver's liability and the full extent of your damages.
• Negotiate a Fair Settlement: Armed with strong evidence, they will negotiate forcefully for a settlement that reflects the driver's true share of fault.
• File a Personal Injury Lawsuit: If the insurance company refuses to make a fair offer, Your attorney will be fully prepared to take your case to court to fight for the compensation you deserve.

Types of Compensation Available in a Florida Personal Injury Case

A serious pedestrian accident can result in devastating physical, emotional, and financial burdens. A personal injury claim aims to recover compensation, known as damages, for these losses. These damages are typically divided into two categories and will be reduced by your percentage of fault.

Economic Damages

These are the verifiable financial losses you have incurred:

• All medical bills (past, present, and future)
• Lost wages from being unable to work
• Loss of future earning capacity if you are disabled
• Costs of rehabilitation and physical therapy
• Ambulance fees and hospital expenses
• Costs for prescription medications and medical devices

Non-Economic Damages

These are the intangible, personal losses that have no set price tag:

• Pain and suffering
• Emotional anguish and mental distress
• Loss of enjoyment of life
• Scarring and disfigurement
• Permanent disability

Calculating these damages accurately requires a deep understanding of the law and the long-term impact of your injuries. Our team ensures nothing is overlooked when determining the full value of your claim.

Statute of Limitations for a Florida Pedestrian Accident Claim

It is imperative to act quickly after an accident. In Florida, you have a limited window of time to file a lawsuit, known as the statute of limitations. For most personal injury claims based on negligence, this deadline has recently changed.

For accidents that occurred on or after March 24, 2023, you have two years from the date of the accident to file a lawsuit. For accidents that occurred before that date, the previous four-year statute of limitations may apply.

If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to seek compensation forever. Two years can pass quickly, especially when you are focused on medical treatment and recovery. This is why it is essential to contact a personal injury attorney as soon as possible after your accident to ensure your legal rights are protected.

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

If you or a loved one has been injured in a pedestrian accident in Florida—even if you believe you may have been partially at fault for jaywalking—do not assume you don't have a case. The law is more complex than you think, and you may be entitled to significant financial compensation. The insurance company is not on your side, but we are.

At Brandon J. Broderick, Attorney at Law, we are dedicated to championing the rights of accident victims. We have the experience, resources, and tenacity to stand up to powerful insurance companies and fight for the justice you deserve.

Contact us today for a free, no-obligation consultation. We will listen to your story, evaluate the details of your pedestrian accident, and explain your legal options in clear, straightforward terms. Let us handle the legal burdens so you can focus on what matters most: your recovery.