Can Jaywalking Affect a Florida Pedestrian Injury Claim?

After a pedestrian accident, insurance companies almost always want to know if the pedestrian was jaywalking. Indeed, in Florida, crossing outside a marked crosswalk complicates matters after a pedestrian accident. However, it doesn’t automatically prevent you from seeking compensation if you were injured.

What Does Jaywalking Mean in Florida?

Florida law doesn’t actually use the word “jaywalking.” However, the state’s traffic rules still require pedestrians to follow certain rules. Basically, pedestrians are required to walk on sidewalks when available, follow traffic signals, and use crosswalks when possible.

But if there’s no crosswalk nearby, you should still try to cross safely and quickly, staying out of the way of oncoming traffic. Crossing the street illegally, carelessly, or outside a designated crosswalk is called jaywalking.

Drivers Still Have Legal Obligations

Just because someone crossed where they shouldn’t have, doesn’t mean the driver is free from liability. Florida drivers are still responsible for paying attention to the road, following speed limits, and doing their best to avoid hitting people.

If a driver was speeding, texting, under the influence, or just not paying attention, they can still be held mainly at fault, even if the pedestrian was jaywalking.

How Shared Fault Affects Compensation

Florida uses a modified comparative negligence system (Florida Statutes section 768.81) for personal injury claims. What this means in Florida is that if you’re partly to blame for an accident, the amount you can recover gets reduced by your share of the fault, and you can’t seek compensation if you’re 51% or more at fault for the accident.

For example, say you were hit and suffered $100,000 in damages while crossing outside a designated crosswalk. If you’re deemed 20% at fault, you can still recover $80,000. But, if you’re over 50% at fault, you can’t recover anything. Because of that, insurance companies often try to shift as much blame as possible onto the pedestrian.

The Importance of Good Evidence

Who’s liable in a pedestrian accident comes down to evidence. Things like video footage, witness statements, police reports, and accident reconstructions can all help paint a clear picture of what happened. Photos, medical records, and details from the scene can also help demonstrate the severity of the injuries and the amount of compensation the pedestrian deserves.

Often, a driver’s behavior becomes the central issue. If someone crosses where they shouldn’t at night, but the driver was, for example, drunk, speeding, or distracted, the pedestrian may still have a strong case.

Why It’s Wise To Talk to a Lawyer

When jaywalking is involved, pedestrian accident claims can get complicated fast. Insurance adjusters may use your actions to reduce payouts or deny your claim. Having a skilled Florida pedestrian accident lawyer on your side can make all the difference.

A qualified attorney can investigate the accident, collect evidence, deal with the insurance company, and push back against unfair tactics. A skilled attorney can help you pursue compensation for medical bills, lost wages, pain and suffering, and other damages tied to the accident.

Disclaimer: This article is for informational purposes only. It doesn’t constitute legal advice. For legal advice, please speak to an attorney.

Contact Us for Legal Help

If you were injured in a Florida pedestrian accident, don’t assume jaywalking automatically bars your claim. Contact an experienced Orlando pedestrian accident attorney at Orlando Accident Attorneys to protect your rights and pursue the compensation you may be entitled to.