Pedestrians are among the most vulnerable road users, especially in bustling areas like Boca Raton. Despite the existence of crosswalks and traffic signals designed to protect them, pedestrian accidents remain a common occurrence. When these accidents happen, determining who is at fault becomes critical in deciding compensation for injuries. Understanding your rights as a pedestrian—especially in crosswalks—can significantly impact the outcome of a personal injury claim.
In this blog post, we’ll explain pedestrian rights in crosswalks, how they apply in the state of Florida, and what steps you should take if you’ve been involved in an accident. As a Boca Raton pedestrian accident attorney, the Barzakay Law Firm is dedicated to protecting your rights and pursuing fair compensation after an accident.
Pedestrian Rights in Crosswalks: An Overview
Florida laws are clear when it comes to pedestrian rights, particularly in crosswalks. Florida Statute § 316.130 outlines the responsibilities of both pedestrians and drivers, with an emphasis on yielding the right of way to pedestrians within marked crosswalks.
- Pedestrians Have the Right of Way
Florida law mandates that drivers must yield the right of way to pedestrians crossing within a marked crosswalk when there are no traffic signals controlling the intersection. This applies in situations where pedestrians are on the driver’s half of the road or approaching closely enough to create a danger. If you’re hit while in a crosswalk, the law is likely on your side. - Pedestrians Must Use Crosswalks
While drivers must yield to pedestrians in crosswalks, pedestrians also have responsibilities. Jaywalking or crossing outside designated crosswalks can diminish a pedestrian’s claim in the event of an accident. Pedestrians are required to use crosswalks where available, and failure to do so could reduce the compensation awarded under Florida’s comparative negligence rule. - Traffic Signals and Pedestrian Lights
In intersections controlled by traffic lights, pedestrians must adhere to “walk” and “don’t walk” signals. When a pedestrian crosses on a “don’t walk” signal, they could be held partially responsible for any accident that occurs, which may affect the outcome of a personal injury claim.
How Pedestrian Rights Impact Accident Claims
When a pedestrian is injured in a crosswalk accident, determining who was at fault is essential. In Florida, liability is often shared between the driver and the pedestrian based on the circumstances of the accident. This is known as comparative negligence, a rule that allows accident victims to recover damages even if they were partially at fault.
For example, if a pedestrian is hit while legally crossing in a marked crosswalk, the driver will likely bear full responsibility. However, if the pedestrian stepped out into the crosswalk against a traffic signal or jaywalked, they might share some of the fault. In Florida, the damages awarded in an accident claim are reduced by the percentage of fault assigned to the injured party. This means if you were 20% at fault, your compensation would be reduced by 20%.
Having a knowledgeable Boca Raton pedestrian accident attorney is crucial in these situations. They can help gather evidence, such as surveillance footage, witness statements, and accident reports, to establish that the driver was primarily at fault. This can increase your chances of receiving full compensation for your injuries, medical expenses lost wages, and pain and suffering.
Common Causes of Pedestrian Accidents in Crosswalks
Pedestrian accidents can occur for a variety of reasons, but common causes include:
- Driver Inattention: Distracted driving is one of the leading causes of pedestrian accidents. Drivers may fail to notice pedestrians in crosswalks while texting, talking on the phone, or adjusting their GPS.
- Speeding: Excessive speed reduces a driver’s ability to stop in time for pedestrians, especially in residential or school zones where pedestrians are more likely to be present.
- Failure to Yield: Many accidents occur when drivers fail to yield to pedestrians at marked crosswalks, especially when turning at intersections.
Pedestrians should remain vigilant when crossing, even in crosswalks, and never assume a driver will stop.
Steps to Take After a Pedestrian Accident
If you are hit by a vehicle while crossing in a crosswalk, it’s important to take the following steps:
- Seek Medical Attention: Your health is the top priority. Even if your injuries seem minor, get checked by a medical professional.
- Call the Police: A police report can serve as vital evidence in your personal injury claim. Be sure to report the accident immediately.
- Document the Scene: Take photos, gather witness information, and collect the driver’s insurance details.
- Contact a Boca Raton Pedestrian Accident Attorney: An experienced attorney can help you navigate the complexities of your accident claim, pursuing fair compensation for your injuries.
Take Action Today
Understanding your rights as a pedestrian is critical, especially when accidents occur in crosswalks. While Florida law generally favors pedestrians in these situations, the comparative negligence rule can impact the compensation you receive. That’s why it’s essential to work with a knowledgeable Boca Raton pedestrian accident attorney who can help prove liability and pursue fair compensation.
At the Barzakay Law Firm, we are committed to fighting for pedestrian accident victims in Boca Raton and pursuing fair justice. If you or a loved one has been injured in a pedestrian accident, contact us today for a free consultation. For more information about pedestrian safety, you can visit the Florida Department of Transportation’s Pedestrian Safety Guide.