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Do Florida Pedestrians Have Rules of the Road?

February 4, 2015 | Category: Pedestrian Accidents | Share

I yield for pedestrians logos - Spivey Law Firm, Personal Injury Attorneys, P.A.Most of us have heard of "Rules of the Road" when it comes to driving vehicles in Florida as well as all the other states in the United States. It may surprise some, however, that there are also "Rules of the Road" for pedestrians in Florida. Florida statute 316.130 covers pedestrian "Rules of the Road".

Official Traffic Control Devices - Pedestrians are to obey the instructions of any official traffic control device specifically applicable to the pedestrian unless a police officer directs otherwise. Further, they must obey all traffic control signals at intersections. A flashing "Don't Walk" signal means a pedestrian cannot enter the crosswalk. If a pedestrian is already in the crosswalk, he/she can finish crossing at a normal adult pace.

Sidewalks - Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian's direction of travel, facing traffic which may approach from the opposite direction.

Standing on the Roadway - No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle; nor can a person stand on or in proximity to a street or highway for soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

Crossing streets/roadways - Although commonly used, the term 'Jaywalking' is not a legal term according to Peter Norton in his book - Fighting Traffic. It was first used in 1909 by the Chicago Tribune coined by auto clubs and dealers in an attempt to control where pedestrians could walk and have an area where automobiles could drive. Florida statute 316.130(11) says that pedestrians shall not, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb. At crosswalks, pedestrians are to move, whenever practicable, upon the right half of crosswalks. No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices and when authorized.

Drivers are required to yield to pedestrians who are legally in crosswalks. Many pedestrians believe that crossing in crosswalks is required, but that is not the case. At crosswalks drivers are expected to yield (if possible) to pedestrians. Pedestrians are allowed to cross elsewhere, but if they do so they are expected to yield to traffic and must cross "by a route at right angles to the curb."

Bridges - Pedestrians may not enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. Florida statutes also prevent pedestrians from jumping or diving from a publicly-owned bridge whether there is a posted sign notifying the public of this provision, or not.

Limited access facility - Pedestrians shall not walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; this does not apply to maintenance personnel of any governmental subdivision.

Pedestrian right-of-way - No one has the right-of-way. Florida law only defines who is required to yield the right-of-way.

"Pedestrians should know the 'Rules of the Road' to protect themselves when walking. However, knowing, and following, these rules does not negate the responsibility of drivers to watch for pedestrians.  Drivers have a duty to drive with care and undistracted. We fight for pedestrian rights," said Fort Myers Pedestrian Accident Attorney, Randall Spivey or Spivey Law Firm, Personal Injury Attorneys, P.A.

Drivers' responsibility at crosswalks - If another vehicle is stopped in front of a driver at a crosswalk, this driver may not pass the stopped vehicle because there may be a pedestrian in the crosswalk. Drivers behind other stopped vehicles are to assume there is a pedestrian in the crosswalk. They may only proceed once they know the crosswalk is clear.

 

Fort Myers Pedestrian Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

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