Can I still file a lawsuit for a pedestrian accident in Florida if I was jaywalking?

Don’t Take Your Chances With Comparative Negligence: Let Us Help 

A pedestrian accident in Florida is an alarmingly common occurrence across the Sunshine State. In the aftermath of a serious crash, you might struggle to move past your physical injuries, reclaim financial independence, and re-establish something resembling peace of mind. Even though Florida law gives survivors a right to recover compensation, securing a fair settlement could prove challenging—especially when a negligent driver tries to offload blame by claiming you were jaywalking and thus, share responsibility for your injuries.  

You don’t have to accept excuses in place of justice. I’ve spent decades helping pedestrian accident victims in Florida fight for their rights and know what it takes to build a compelling and evidence-based case for recovery. Read more to find out how jaywalking could affect your recovery, then contact our pedestrian accident legal team to discuss your options for effective legal relief. 

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Florida Laws on Jaywalking 

Unlike many other states, Florida doesn’t use the term “jaywalking” in any of its laws or statutes. However, pedestrians—much like drivers—are still expected to abide by certain rules. 

For instance, the Florida Uniform Traffic Control Code states that pedestrians must: 

• Avoid walking on the road when and where a sidewalk is available. 
• Walk only on the shoulder of the road in places where sidewalks aren’t available. 
• Obey traffic control signals at intersections, including “Walk” and “Do Not Walk” signals. 
• Cross the road only at crosswalks, and take the shortest possible route across the street in places where there’s not a crosswalk. 
• Always yield the right-of-way to oncoming traffic when crossing the road in the absence of a crosswalk, traffic light, or other traffic control device. 

Although pedestrians must follow different rules than motorists, everyone using Florida’s public roadways has a distinct “duty of care.” In other words, they have a legal duty to act in a way that’s reasonable and that minimizes their chances of either being injured or causing injury to others. 

The Sunshine State’s Expectations for Drivers 

If you violate your duty of care by jaywalking, you could be found at least partially at fault for an accident—but this doesn’t mean that you can’t still file an insurance claim or personal injury lawsuit against a driver who made mistakes contributing to the cause of a pedestrian accident in Florida. 

In Florida, motorists must typically: 

• Cede the right-of-way to a pedestrian in a crosswalk or at a signaled intersection. 
• Yield to pedestrians—by slowing down or coming to a complete stop—when pedestrians are crossing the road, irrespective of whether there’s a sign or a crosswalk. 
• Refrain from passing or otherwise driving around other vehicles that have slowed down or stopped to let a pedestrian cross the road. 

Drivers aren’t always found at fault for accidents caused by a pedestrian’s failure to look both ways or use a crosswalk—but they must still exercise due care to avoid collisions. Exercising due care can mean many different things, like slowing down when there are children playing nearby or pressing the horn to warn pedestrians of an accident that can’t be avoided. 

Comparative Negligence and Lawsuits for a Pedestrian Accident in Florida

If you’re hurt in a pedestrian accident in Florida that wasn’t your fault, you have a right to file an insurance claim or a personal injury lawsuit against the driver who caused your injuries. 

However, determining fault isn’t always easy—especially if an insurance adjuster or a defense attorney accuses you of jaywalking. If a Florida court believes that your mistakes likely caused or contributed to the accident, then your compensation could be reduced in accordance with Florida’s doctrine of “pure comparative negligence”. 

This doctrine states that if you’re found partially at fault for your accident, then your damages are reduced proportionately to your level of responsibility. So, if you were injured and sustained about $10,000 in damages but are found 50 percent at fault, your compensation could be reduced by 50 percent—leaving you with only $5,000. 

How I Can Help You Overcome Obstacles to a Fair Legal Recovery

You don’t have to leave your rights to chance. Depending on the circumstances of your Florida pedestrian accident, my team and I can: 

• Investigate the causes of your collision.
• Collect, protect, and analyze crash-site evidence to prove who’s really at fault for your accident.
• Review your damages and determine how much money you need to begin rebuilding your life. 
• Push back against unfair or bad-faith accusations of shared negligence.
• Negotiate a fair settlement—or take your case to trial to pursue it.

Let Our Injury Lawyer Help With Your Pedestrian Accident Claim in Florida

Our personal injury attorney can’t take away the pain or loss of your injury, but we can work to help you obtain the compensation you deserve to protect you and your family. To request a consultation with our injury lawyer for a pedestrian accident in Florida, please take a moment to fill out our online contact form. We have conveniently located offices across Florida in Seminole, Sun City Center and New Port Richey. For immediate assistance, give us a call 727-397-5571 now.