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Does Florida have pedestrian “right of way” laws?

by | Jun 9, 2021

Yes.

Florida has “Right of Way” laws that state who must yield, or give the right of way, to whom in an intersection. Generally, pedestrians have the right of way when crossing a street, provided that they are crossing inside a crosswalk. However, Section 316.130, Florida Statutes, details a more fulsome set of rules that pedestrians must follow, including:

  • Pedestrians must only walk on the left shoulder of the road (i.e. against the flow of traffic),
  • Drivers must stop to let a pedestrian who is at least halfway across the road pass,
  • When crosswalks are available, pedestrians must not cross at any place except the crosswalk,
  • Every pedestrian crossing a road outside a marked crosswalk shall yield the right-of-way to all vehicles,
  • Pedestrians must cross the road at 90-degree angles to the opposite curb.

Florida’s pedestrian laws are primarily in place to keep pedestrians safe. But following these rules has the knock-on effect of reducing the potential liability a person might bear in a pedestrian accident. If the opposing attorney can show that you were violating one or more of these laws, then you can be held partly liable for the accident that occurs as a result.

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