Pedestrian Accidents Involving Jaywalking

Pedestrians are required to exercise reasonable care when crossing a road, just as any motorist, bicyclist, or other individual traveling is expected to. ‘Jaywalking,’ which is not defined by Florida law, is generally a reference to when a pedestrian crosses a street either without a signal or crosswalk, or in a diagonal manner. Pedestrian accidents involving jaywalking can result in significant injuries to those involved. Although crossing in an area not specifically designated for such can be dangerous, it does not bar claims against a driver who has acted negligently in failing to prevent striking a pedestrian. Miami pedestrian accident lawyer Robert Dixon of the Law Offices of Robert Dixon assists victims injured in incidents involving jaywalking. Our firm can help you determine what legal rights and options you have if you’ve been harmed under these circumstances. We represent clients throughout South Florida including Miami-Dade, Broward, and Palm Beach Counties. If you’ve suffered an injury as a pedestrian, passenger, or driver involved in a jaywalking pedestrian accident, or lost a loved one, please contact our office to today to set up a free consultation about your potential claims.

Florida does not recognize ‘jaywalking’ as a legal term but does define pedestrians as “any person afoot.” Under state law, there are certain rules pedestrians must adhere to, which include:

• If sidewalks are present, pedestrians are not to walk on the roadways, unless other circumstances require it.
• If there are no sidewalks, pedestrians are to travel on the left shoulder of a road, going against traffic.
• Pedestrians are not to step off a curb suddenly into a vehicle’s path.
• Pedestrians may cross the street where there is not a crosswalk, as long as they yield to vehicles on the road.
• Pedestrians may not diagonally cross an intersection unless a traffic control device specifically allows it.

As stated, pedestrians must adhere to certain rules, however, so do motorists. Florida law requires that all drivers exercise reasonable care to avoid collisions with pedestrians, give warning when needed, and utilize appropriate caution if they see children or clearly confused or incapacitated people in the road. This includes exercising care when encountering pedestrians who are jaywalking.

Drivers are expected to act with reasonable care while on the road. This means that motorists owe a duty to others to respond to situations as a reasonable and prudent person would. When a driver breaches this duty and causes an accident, he or she can be held legally liable for the damages that result. For instance, a driver who is excessively speeding down a dark road at night and strikes a pedestrian crossing the street can be found negligent. Further, in Florida, a victim’s own negligence does not immediately bar his or her ability to receive compensation from another at-fault party. Under the state’s ‘pure comparative’ standard, damages are awarded based on each party’s degree of fault. Therefore, a pedestrian who is determined to be 65 percent negligent in causing his or her own injury by jaywalking may still receive 35 percent of his or her total amount of damages from a negligent driver. Once liability is shown, victims of these collisions may be awarded compensation for past or future medical costs, lost income, diminished earning capacity, and pain and suffering. If you’ve been involved in a serious pedestrian accident involving jaywalking, it is important to first and foremost seek medical treatment for any injuries. However, consulting an injury attorney who can help you determine your legal options is also helpful in protecting your rights.

Serious injuries such as broken bones, traumatic head or brain injury, as well as paralysis or even death can occur when a vehicle strikes a pedestrian. These injuries are often accompanied by exponential costs of treatment. Injury attorney Robert Dixon of the Law Offices of Robert Dixon is dedicated to helping you hold those responsible for your harm accountable. If you need legal assistance following a pedestrian accident involving jaywalking or would like to learn more about your legal options, please call 877.499.4878 or contact us online today to set up a free, no obligation consultation. We represent clients in areas including West Palm Beach, Miami, and Fort Lauderdale.