Florida's sun-drenched streets and bustling city centers create a vibrant environment for residents and tourists alike. With this activity comes a constant interplay between vehicles and pedestrians. A simple walk to the store or a drive to the office involves countless moments where paths cross—most often at intersections where vehicles are turning. These situations are a frequent source of confusion and, unfortunately, a common catalyst for devastating accidents.

Understanding who has the legal right of way is not just a matter of following the rules; it is a fundamental aspect of roadway safety. For both pedestrians and drivers, a clear grasp of their respective duties can prevent life-altering injuries. This guide provides a detailed examination of Florida's laws governing turning vehicles and pedestrians, clarifying who must yield and under what circumstances. It also explores the legal landscape following an accident and explains how victims can protect their rights.

The Fundamental Right of Way Rules in Florida

In the intricate dance of traffic, the concept of "right of way" is often misunderstood. It is not an absolute right that can be claimed but a set of rules that dictates who must yield to whom to ensure a safe and orderly flow. Florida law places a significant responsibility on vehicle operators to avoid colliding with pedestrians, but it also outlines specific duties for those on foot.

At its core, the law is designed to protect pedestrians, who are inherently more vulnerable. According to Florida Statute 316.130, drivers are required to exercise due care at all times to avoid colliding with any pedestrian. This overarching duty means a driver must always be vigilant and prepared to stop or take evasive action, regardless of the circumstances.

This responsibility becomes more specific at crosswalks. Florida law recognizes two types of crosswalks:

• Marked Crosswalks: These are the familiar white-striped areas painted on the pavement. When a pedestrian is in a marked crosswalk, drivers must yield the right of way, slowing down or stopping if necessary.
• Unmarked Crosswalks: These exist at any intersection where sidewalks are present on either side of the road, even if no lines are painted. Legally, an unmarked crosswalk provides the same protections as a marked one. Drivers must yield to pedestrians crossing within these unmarked areas.

However, the law also requires pedestrians to act with caution. A pedestrian cannot suddenly leave a curb and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. This shared responsibility is a key element in preventing accidents and determining fault when one occurs.

When Vehicles Turn: Who Has the Right of Way in Florida?

Intersections are the primary stage for interactions between turning vehicles and pedestrians. The risk of a pedestrian accident escalates when a driver's attention is split between navigating a turn, monitoring other vehicles, and watching for people on foot. Florida law is explicit about who must yield in these common scenarios.

When a driver makes a turn at an intersection—whether a right on red or a left on a green arrow—they must yield to any pedestrian who is lawfully within the crosswalk. A pedestrian is considered "lawfully within the crosswalk" if they have a "Walk" signal or if they are crossing in an unmarked crosswalk at an intersection without traffic signals.

The driver's duty to yield remains even if their traffic signal is green. The green light gives the driver permission to proceed with the turn, but it does not grant them superiority over a pedestrian who is already legally in the intersection. The vehicle must wait until the pedestrian has safely passed.

The situation changes if a pedestrian is crossing against a "Don't Walk" or flashing hand signal. In this case, the pedestrian must yield the right of way to vehicles. However, the driver’s general duty of "due care" still applies. If a driver sees a pedestrian crossing against the signal, they cannot simply proceed and hit them; they must still do everything reasonably possible to avoid a collision. This distinction is vital in legal contexts, as it opens the door to discussions of shared fault.

Understanding Comparative Negligence in a Pedestrian Accident in FL

When a collision does happen, determining who is at fault is rarely a simple, black-and-white issue. Florida operates under a modified comparative negligence system, a legal doctrine that plays a significant role in any pedestrian accident claim in FL. This system, outlined in Florida Statute 768.81, acknowledges that more than one party can be responsible for an accident.

Under this rule, a jury assesses the total circumstances of the incident and assigns a percentage of fault to each party involved. For example, a driver who was texting while making a left turn might be found 80% at fault. However, if the pedestrian they struck was crossing against the signal while listening to loud music on headphones, the pedestrian might be assigned 20% of the fault.

This allocation of fault has a direct impact on the amount of compensation an injured person can recover. The injured party's total damages—for medical bills, lost wages, and pain and suffering—are reduced by their percentage of fault. In the example above, if the pedestrian's total damages were $100,000, their final award would be reduced by their 20% fault ($20,000), resulting in a recovery of $80,000. It is important to note that if the injured party is found to be more than 50% at fault, they are barred from recovering any damages at all.

This legal framework makes a thorough investigation of the accident essential. Insurance companies for the driver will often try to shift as much blame as possible onto the pedestrian to minimize their payout.

Common Causes of Turning-Vehicle Pedestrian Accidents in FL

Accidents involving turning vehicles and pedestrians are often preventable, typically stemming from a momentary lapse in judgment or a clear violation of traffic laws. Understanding the common causes can help both drivers and pedestrians be more aware of the risks.

Driver-Related Factors:

• Distracted Driving: This is a leading cause of all traffic accidents. Drivers focused on their phones, GPS devices, or in-car entertainment systems may fail to see a pedestrian until it is too late.
• Failure to Yield: Many drivers are either unaware of their duty to yield to pedestrians in crosswalks during a turn, or they become impatient and try to "beat" the pedestrian across the intersection.
• Inattentional Blindness: This phenomenon occurs when a driver is looking in the general direction of a pedestrian but does not truly "see" them because their focus is on other vehicles or potential threats. The driver's brain filters out the pedestrian as unexpected information.
• Obstructed Views: A vehicle's A-pillars—the posts on either side of the windshield—can create significant blind spots that hide a pedestrian from a turning driver's view.

Pedestrian-Related Factors:

• Distraction: Just as with drivers, distracted pedestrians who are texting, talking on the phone, or wearing headphones may be less aware of their surroundings and fail to notice a turning vehicle.
• Crossing Violations: Stepping into the street against a "Don't Walk" signal or jaywalking outside of a designated crosswalk significantly increases the risk of an accident.
• Lack of Visibility: Pedestrians wearing dark clothing at night or in low-light conditions can be nearly invisible to drivers.

What to Do After a Pedestrian Accident

The moments following a pedestrian accident in FL are disorienting and stressful. The actions you take can have a profound impact on your health and your ability to secure fair compensation for your injuries. If you are involved in such an incident, prioritize these steps:

1. Prioritize Medical Attention: Your health is the top priority. Call 911 immediately. Even if you feel fine, some serious injuries, like internal bleeding or concussions, may not have immediate symptoms. A medical evaluation creates an official record of your injuries.
2. Report the Accident: Ensure a police report is filed. The responding officer will document the scene, gather preliminary information, and may issue a citation. This report is a key piece of evidence.
3. Document Everything: If you are physically able, use your phone to take pictures of the scene, the vehicle involved (including the license plate), your injuries, and any relevant traffic signals or signs. Get the names and contact information of the driver and any witnesses.
4. Avoid Admitting Fault: Do not apologize or say anything that could be interpreted as an admission of fault. Stick to the facts when speaking with the police and the driver.
5. Contact a FL Pedestrian Accident Attorney: Navigating the aftermath of an accident is complex. Insurance adjusters are trained to protect their company's bottom line, not your best interests. A skilled FL pedestrian accident lawyer will advocate for you, ensuring your rights are protected from the very beginning.

How an Experienced Florida Pedestrian Accident Attorney Can Strengthen Your Claim

Pursuing a pedestrian accident claim in FL on your own can be an overwhelming battle against experienced insurance adjusters and defense attorneys. Retaining a dedicated legal professional levels the playing field and significantly strengthens your position.

A knowledgeable pedestrian accident attorney does more than just file paperwork. They launch a comprehensive investigation to build a powerful case on your behalf. This includes:

• Evidence Preservation: Immediately sending letters to preserve critical evidence like surveillance video from nearby businesses or traffic cameras before it is erased.
• Expert Consultation: Working with accident reconstruction experts to analyze the physical evidence and demonstrate how the driver was at fault.
• Damage Calculation: Collaborating with medical and financial experts to calculate the full, long-term cost of your injuries, including future medical treatments, lost earning capacity, and the immense impact of pain and suffering.
• Skilled Negotiation: Handling all communications with the insurance company, presenting a robust demand package, and skillfully negotiating for a settlement that reflects the true value of your claim.
• Litigation Readiness: While most cases settle out of court, having an attorney prepared to take your case to trial shows the insurance company you are serious, often resulting in a better settlement offer.

In Florida, the legal complexities of comparative negligence and the tactics used by insurance companies make experienced legal representation invaluable. An attorney ensures that your story is heard and that you have the best possible chance to secure the resources you need to recover and rebuild your life.

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

If you or a loved one has been injured as a pedestrian, you are likely facing physical pain, emotional trauma, and mounting financial pressure. You do not have to face this challenge alone. At Brandon J. Broderick, Attorney at Law, we are committed to championing the rights of accident victims. We understand the nuances of Florida's right of way laws and have a proven track record of holding negligent drivers accountable.

Contact us today for a free consultation, and let us put our experience and dedication to work for you. We are available day or night to assist you.