Do Pedestrians Always Have the Right of Way?
May 5, 2025 | Sagi Shaked | Personal Injury
Miami–like most large cities–is home to more than its fair share of pedestrian accidents. According to the National Highway Traffic Safety Administration, more than 68,000 pedestrians were injured in accidents across the country. Recent data suggests that Florida ranks among the Top 3 deadliest states for pedestrians.
Florida has strict right-of-way laws in place to protect pedestrians, but many drivers either are not aware of these rules or simply ignore them. Keep reading below to learn more about when pedestrians have the right of way.
Florida’s Right of Way Laws
Florida law specifies who has the right of way in many pedestrian-related situations. It is a common misconception that a pedestrian always has the right of way. This is simply not the case, and pedestrians must yield to vehicles in some circumstances.
Pedestrians have the right of way when they are lawfully crossing the road in a crosswalk. In this case, drivers should safely yield to the pedestrian. Even in this situation, pedestrians should be mindful of traffic and ensure that vehicles stop prior to stepping out into traffic.
When no crosswalk is present, pedestrians do NOT have the right of way. Pedestrians must yield to approaching drivers in this case. Florida law does not recognize what is commonly referred to as “jaywalking.” In Florida, pedestrians are allowed to cross mid-block outside of a crosswalk when the nearest intersections are unsignalized, but they must yield to traffic.
Keep in mind that the law states who has the right of way in certain situations. However, this is not an absolute right of way according to the Florida Pedestrian Law Enforcement Guide. Motorists and pedestrians should be mutually aware of each other, and they should work together to help avoid pedestrian accidents.
Traffic Infractions and Pedestrian Right of Way
Pedestrian rights and responsibilities are written plainly into Florida law. Drivers who fail to appropriately yield the right of way to a pedestrian may face a moving traffic violation. Similarly, pedestrians who break any portion of this law may also face a traffic infraction.
For example, the law states that pedestrians should cross the roadway at a right angle to the curb or by the shortest route to the opposite curb. Walking diagonally across the road could result in a citation for the pedestrian. Like motorists, pedestrians also need to be aware of the right-of-way laws and adhere to them at all times.
What Causes Most Pedestrian Accidents?
Regardless of who has the legal right-of-way, pedestrians are still involved in thousands of accidents each year. Some of the most common causes of these accidents include:
- Speeding
- Driving under the influence
- Poor visibility
- Poor lighting
- Failure to yield the right of way
- Distracted driving
- Texting while driving
Although the law is pretty clear on who should yield in certain situations, many drivers are simply not paying attention. Failure to adequately watch for pedestrians results in many accidents and causes many catastrophic injuries to pedestrian victims.
Common Injuries Resulting From Pedestrian Accidents
Unfortunately, pedestrian accidents often result in devastating injuries. A pedestrian is no match for a motor vehicle, and pedestrians are often left with life-changing injuries. Some common injuries that result from these accidents are:
- Brain injuries
- Broken bones
- Spinal cord injuries
- Internal organ damage
- Internal bleeding
- Lacerations
- Head and neck injuries
These types of injuries happen all too often in Miami. Even when pedestrians have the right of way, a distracted driver can crash into them in an instant.
What To Do After a Pedestrian Accident
If you are involved in a pedestrian accident, it is crucial that you remain at the scene until police arrive. Fleeing the scene could result in some serious criminal penalties. If you are a pedestrian who has been hit by a vehicle, seek immediate medical treatment for your injuries.
If possible, find witnesses who saw the accident. These witnesses may be able to help prove your claim for damages after the accident. Finally, talk to an experienced personal injury lawyer who can investigate your accident and help you hold the driver accountable for your injuries if they were at fault.
Contact the Miami Personal Injury Lawyers at Shaked Law Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191
Open 24 hours