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Pedestrian Accidents in Florida: Failure to Yield

Each day, many drivers come across pedestrians in the midst of traveling, whether it occurs while stopped at lights or travelling in and out of parking lots. When completing these maneuvers, there is often a misunderstanding about who has the right of way. Sometimes a driver waves a pedestrian to travel past the vehicle. Other times a passenger continues to walk in front of a driver with the assumption that the driver will stop. This is a dangerous assumption which results in thousands of pedestrian accidents each year.

Determining who has the Right of Way

The Florida legislature outlines laws regarding pedestrian travel, including when the driver of a motor vehicle must yield to a pedestrian with the right-of-way. Rules regarding pedestrian right-of- way are as follows:

  1. Intersections with traffic control devices. Whenever a pedestrian is in a crosswalk or enters a crosswalk at an intersection in which a traffic control signal and crosswalk exists, a driver must yield to a pedestrian as long as the pedestrian has the signal to cross. The driver must remain stopped if the pedestrian is on the side of the roadway in which the vehicle is traveling or enters in such a way that makes traveling dangerous.
  2. Any crosswalk with signage. Drivers are also required to yield the right-of-way to pedestrians at any crosswalk in which there is signage requiring the driver to do so. For example some signs have an image depicting a crosswalk with people in it. In these cases, drivers must yield if pedestrians are in the crosswalk or enter the crosswalk in such a way that they are on the same side of travel as the vehicle or they are nearing the vehicle in such a way that would make travel unsafe.
  3. Any other crosswalk. Pedestrians also have the right-of-way when they are within a crosswalk, even if it does not contain a signal or signage that requires a driver to yield to pedestrians.

There are some instances in which pedestrians do not have the right of way. One instance is where pedestrians cross a roadway at a place other than one in which a designated crosswalk exists. In these instances, a driver may continue to safely pass through without regard to a pedestrian.

Contact an Attorney

If you have been injured by a driver of a motor vehicle who failed to yield, contact Eighmie Law Firm, P.A. Our attorneys are skilled personal injury attorneys serving clients in and around Port Saint Lucie, Jensen Beach, Stuart, Fort Pierce, Palm City, Port Salerno, Indiantown, Hobe Sound, Vero Beach, Martin County and Saint Lucie County. We will meet with you to determine whether the facts and circumstances give rise to liability.

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