Is It Legal to Jaywalk in Florida?

MARSALISI LAW
August 5, 2022
A-happy-family-crosses-the-road-at-a-pedestrian-crossing

When it comes to pedestrian safety, abiding by state laws and regulations is imperative to avoid dangerous circumstances and accidents. Over 7,000 pedestrians were fatally injured as a result of motor vehicle accidents in 2020, and over 100,000 required emergency care for non-fatal injuries. “Jaywalking”, a pedestrian behavior that may increase the chances of an accident with a motor vehicle, is not explicitly listed in Florida statutes. Still, certain behaviors that constitute a jaywalking practice are illegal. While jaywalking is not explicitly illegal, police may still issue citations for related behaviors.

Attorney Frank P. Marsalisi of Marsalisi Law is well-versed in the complexities of pedestrian accident claims and has recovered millions on behalf of countless clients in successful settlements and verdicts. We provide honest and high-quality legal representation, handling all aspects of your claim so you may secure the monetary compensation you deserve. While jaywalking is not explicitly illegal in Florida, certain behaviors associated with it can still lead to fines and legal consequences.

What is Jaywalking?

Jaywalking refers to the act of pedestrians crossing a street or roadway outside of a designated crosswalk or against traffic signals. According to Merriam-Webster, jaywalking is defined as “the act of crossing a street unlawfully or recklessly.” In Florida, jaywalking laws are outlined in the Florida Statutes, specifically under Chapter 316 – State Uniform Traffic Control. Understanding the legal meaning of jaywalking helps maintain order with approaching traffic and can save pedestrians from fines and legal troubles. Pedestrian accidents can result in significant financial losses, including medical bills and lost wages, making it essential to be aware of jaywalking laws and regulations.

Florida, ranking second in overall pedestrian fatality, does not have specific laws pertaining to jaywalking because it is not a legal term. The general definition of jaywalking refers to a pedestrian unlawfully, or without regard for approaching traffic, crossing a street where there are no marked crosswalks. Jaywalking often occurs at intersections and cross streets where pedestrians fail to use designated crosswalks.

While Florida has no specific laws against the term “jaywalking,” certain actions commonly associated with jaywalking are illegal. Although it is not explicitly prohibited, jaywalking can still be dangerous and should be avoided. While jaywalking is legal in Florida, it is not recommended due to the potential risks and legal consequences. Although driving decreased in 2020, pedestrian fatality increased by 4.7%. Pedestrians darting out in front of traveling vehicles are more likely to be harmed in an accident, especially if the driver has little time to react.

Laws Pertaining to Jaywalking in Florida

Although there are no statutes referring to jaywalking in Florida, there are statutes that pertain to jaywalking behaviors. Pedestrians do not possess the right of way all of the time. Florida Statute 316.130 states that pedestrians have the right of way at crosswalks and when there is a “walk” indication at a stop sign. Pedestrians should not cross between adjacent intersections if pedestrian tunnels or overhead crossings are available.

However, Florida law allows pedestrians to cross the road at a right angle, even when there is no marked crosswalk, but they may have to heed the right of way to approaching vehicles. It is important to follow pedestrian signals and only cross when facing a ‘walk signal’.

The following are illegal jaywalking behaviors mentioned in Florida statute 316.130:

  • It is illegal to walk along the road paved for vehicles when there is a sidewalk available;
  • It is illegal to cross while facing a red light;
  • It is illegal to leave a curb or safety space to walk or run into the path of a vehicle closely approaching that it is impossible for the driver to yield;

To understand the specific pedestrian laws pertaining to jaywalking in Florida, speak with an experienced pedestrian accident lawyer at Marsalisi Law for unique legal guidance regarding your claim. If you have followed Florida pedestrian laws and have been in an accident caused by driver negligence, you may be eligible to pursue compensatory damages with the help of a skilled lawyer. We fight for the economic and non-economic losses you have suffered.

Consequences of Jaywalking

Jaywalking can lead to severe consequences, including pedestrian accidents, injuries, and even death. According to the National Highway Traffic Safety Administration (NHTSA), nearly 60% of American pedestrian deaths occur outside of crosswalks. Fewer than 20% of pedestrian deaths occur in close proximity to a crosswalk. Jaywalking can also result in traffic violations, fines, and legal troubles. In Florida, jaywalking laws vary by county and locality, and violating these laws can lead to non-criminal traffic infractions, resulting in fines and potential increases in insurance rates. Pedestrians who engage in jaywalking may be held partially responsible for their injuries, making it crucial to understand the importance of following traffic signals and using designated crosswalks.

Importance of Designated Crosswalks

Designated crosswalks are essential for pedestrian safety, as they provide a clear and visible path for pedestrians to cross the street. Marked crosswalks, in particular, are designed to alert motorists to the presence of pedestrians and to yield the right of way. In Florida, pedestrians must use designated crosswalks when crossing streets, and failure to do so can result in fines and legal troubles. Pedestrian tunnels and overhead pedestrian crossings are also provided in certain areas to ensure safe crossing. Understanding the importance of designated crosswalks and following traffic signals can help prevent pedestrian accidents and ensure a safe and orderly flow of traffic. By using designated crosswalks and following traffic rules, pedestrians can minimize their risk of injury and play a crucial role in maintaining traffic safety.

Speak With An Experienced Florida Pedestrian Accident Lawyer At Marsalisi Law

Pedestrians in Florida must abide by laws and regulations governing their safety when sharing the road with others.  Although the term “jaywalking” is not explicitly stated in Florida law, there are behaviors that may be illegal due to pedestrians not always possessing the right-of-way.  If you have been harmed due to driver negligence while abiding by Florida pedestrian laws, Attorney Frank P. Marsalisi of Marsalisi Law may help you pursue a pedestrian accident claim for the losses you have suffered. We offer a free consultation to discuss your pedestrian accident claim and provide guidance on navigating legal complexities.

At Marsalisi Law, we hold negligent drivers accountable for negligence in pedestrian accidents.  Attorney Frank P. Marsalisi has recovered millions in settlements and verdicts for countless victims, handling all aspects of their claim so they may focus on recovery.  We fight for the maximum, complete monetary compensation you deserve.  We offer complimentary consultations in English and Spanish; call us today at (727) 800-5052, or fill out our contact form.  Marsalisi Law is Where Law Gets Personal!

Schedule A Free Consultation

Frank P. Marsalisi believes that every person injured in an accident deserves the full attention of a personal injury attorney. With tailored legal services fluent in both English and Spanish, you can feel comfortable discussing your claim in either language. Our team at Marsalisi Law has years of experience protecting St. Petersburg residents and will do everything in our power to provide you with the compensation you deserve.

Our team understands how stressful this time can be and will make the process smooth, so you can focus on your recovery. Schedule a free consultation by calling 727-800-5052 or filling out our contact form today.