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Is Jaywalking Legal in Florida?

Is Jaywalking Legal in Florida?

Jaywalking is commonly used to describe someone who crosses the street unlawfully. In Florida, jaywalking may not lead you to jail, but it can still have other serious consequences. 

Jaywalkers who are involved in pedestrian accidents often face physical injuries, medical bills, lost wages, and pain and suffering, and recovering compensation can be complex if you are partly at fault. Our Miami pedestrian accident lawyers can help you understand the implications.

What Is Jaywalking in Miami, Florida?

Jaywalking generally refers to a pedestrian crossing the road at a point not designated as a crosswalk or ignoring traffic signals. It can happen if you cross an intersection diagonally, cross without yielding, or step into traffic outside a crosswalk.

Florida’s Jaywalking Laws

The term “jaywalking” is not defined under state law. However, it generally refers to crossing the street away from crosswalks or pedestrian signals. But is it legal?

Florida Statute 316.130 states various laws that apply to pedestrians. These include that pedestrians must yield the right-of-way to all vehicles on the road when crossing outside a marked crosswalk or intersection. 

They may also not suddenly leave a curb or other safe place, and they cannot walk or run into the path of a vehicle that is so close the driver cannot yield. Further, pedestrians cannot cross a road anywhere other than by a route at right angles to the curb or by the shortest route to the opposite curb.

Miami is a bustling city. Staying safe as a pedestrian requires adhering to state laws and paying attention to the road. If you or a loved one ignore these rules, you could be involved in an accident and face serious injuries or even death.

Can You Be Arrested for Jaywalking in Miami, Florida?

Jaywalking is not a criminal offense in Florida that typically leads to an arrest. It is generally treated in Miami as a non-criminal traffic infraction. 

Pedestrians caught jaywalking might be cited and fined, depending on the facts of the situation. Despite the lack of severe legal consequences such as jail time, jaywalking can still have significant repercussions, particularly in the event of an accident. Victims often face injuries, medical bills, lost wages, and pain and suffering.

Can I Collect Compensation if I’m Injured While Jaywalking in Miami, Florida?

Potentially. If you have personal injury protection (PIP) insurance coverage, which is required for motor vehicle drivers in the state, you can file a claim if you’re injured as a pedestrian. This is “no-fault” insurance, so you can generally receive benefits no matter whose fault the collision was.

However, benefits under PIP are limited. If you suffer a serious injury or if another exception applies, you can take legal action against the driver who hit you. At this point, Florida’s “modified comparative negligence” law may apply. You cannot recover compensation under this law if you’re 51% or more responsible.

Jaywalking could increase your level of shared responsibility for the accident and so could bar you from getting damages through a claim against the other party. 

Injured While Jaywalking in Florida? Contact a Personal Injury Lawyer

If you have been injured while jaywalking in Florida, our Miami personal injury lawyers can help. We can evaluate the details of your case, gather necessary evidence, and determine the best course of action, even if you may be partly at fault. 

Injuries from pedestrian accidents can be severe and life-altering and lead to substantial medical bills, lost wages, and other costs. Set up a free case review to learn about your next steps.

Contact Our Personal Injury Law Firm in Miami, FL

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