If you were injured by a careless motorist while using a crosswalk to get from one side of the street to another, Florida state law gives you the right to seek compensation for the damages caused by your crosswalk accident injuries, including medical expenses, economic losses, and pain and suffering.
In addition to sharing the road with other vehicles, Florida drivers must also be on the lookout for pedestrians that may wander onto the road. When a motor vehicle collides with a pedestrian, the results can be disastrous. Road rash, scrapes, bruises, bone fractures, spinal injuries, traumatic brain injuries, internal injuries, disfigurement, and crush injuries are just a few of the serious, even fatal, injuries a pedestrian can suffer after being struck by a car or truck.
Many of these pedestrian/auto accidents occur while a pedestrian is using a crosswalk to get from one side of the street to another.
Florida Crosswalk Laws
Florida has very specific rules that drivers must obey when they approach a crosswalk that is being used by a pedestrian:
- The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway within a crosswalk;
and
- The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway within a crosswalk;
and
- When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk.
To avoid crosswalk accidents, motorists should always be focused on the road and be extra diligent when approaching a crosswalk, especially ones located near a school or senior center.
When a driver fails to pay attention and ignores state laws and a pedestrian becomes injured while legally using a crosswalk, the driver may be found to be at fault for the accident. However, this is not the case in all Florida pedestrian accidents.
Pedestrian Traffic Laws and Comparative Negligence
Pedestrians are subject to traffic rules as well. For instance, pedestrians are required to obey all traffic signal rules, use sidewalks when available (and walking only on the shoulder of the road when not), use the shortest route when crossing a street, and to yield the right of way to motor vehicles when they must cross the road outside a crosswalk.
Florida is a comparative negligence state. That means that multiple parties may be found by the court to share liability in an accident. If a pedestrian was determined to have been in violation of Florida state statutes when the accident occurred, they may be limited in their recovery by the percentage to which they shared responsibility for the accident. If they are found to be more than 50% responsible, then they will be unable to recover damages.
Speak With a Winter Haven Crosswalk Accident Lawyer
If you’ve been injured in a Florida crosswalk accident, the first thing is to seek medical treatment for your injuries. The next thing you should do is call Winter Haven car accident attorney Tania Rivas.
Tania is dedicated to protecting the rights of her clients. She has helped clients in Winter Haven, Lutz, Lakeland, Auburndale, Lake Alfred, Crystal Lake, Kathleen, Crystal Springs, Winston, Plant City, and other Central Florida communities, get the justice they deserve after being injured in an accident that shouldn’t have happened. This includes an $800,000 settlement for the family of a man struck and killed by a car.
Don’t put off seeking legal help after an accident. Contact the law office of the Rivas Law Group today to schedule a free, no-obligation consultation to discuss your case. Tania handles most crosswalk accident and other personal injury claims on a contingency basis, which means there are no upfront costs for her services and she only collects her fee after she’s won your case.
