Can I Recover for My Injuries in Florida if I was Jaywalking?

Florida is one of the most dangerous states for pedestrians.  Pedestrian fatality rates are nearly twice the national average. Additionally, I have blogged on the dangers faced by bicyclists in Florida, where the fatality rate is four times the national average.  I have heard, but not confirmed, Gulf Boulevard is the most dangerous stretch of road for pedestrians in the entire country.  Having driven it regularly for the last 8 years, I cannot say that I disagree.  While many accidents between pedestrians and a vehicle are completely the fault of the driver, sometimes the pedestrian does not follow the law regarding pedestrian interactions with traffic.  The most common mistake I see made by pedestrians is jaywalking. 

Jaywalking

First, jaywalking is not a legal term.  You will not find the word “jaywalking” in any Florida Statute.  That said, the Florida Statutes do prohibit certain actions by pedestrians. The basic rules which should be followed by all pedestrians are:

      1.                  Pedestrians shall obey the pedestrian traffic signals.

2.                  Pedestrians shall not walk on the road unless there are no sidewalks or there are special circumstances.

3.                  If pedestrian is walking on the road, the pedestrian shall walk along the shoulder facing oncoming traffic.

4.                  No hitchhiking.

5.                  The pedestrian has the right of way when crossing the street at a controlled intersection, provided the pedestrian control permits crossing.

6.                  At an intersection controlled by stop signs, the pedestrian has the right of way.

7.                  Pedestrians shall yield the right of way to all vehicles if they are not at a controlled intersection or in a marked crosswalk.

8.                  Pedestrians attempting to cross in a non-marked area shall cross directly and take the shortest route possible across the roadway.

Jaywalking usually refers to any activity which would violate or be prohibited by the list, above.  Failure to obey the above rules may cause the pedestrian to be at fault or partially at fault for the accident.  The injured pedestrian may still be able to recover for their injuries.  An experienced personal injury attorney will carefully investigate the case to determine whether there are circumstances such as excessive speed, a distracted driver or whether there was alcohol involved.  The damages recovered may be reduced if the injured pedestrian was jaywalking, but that injured person may still be entitled to a recovery.

Injuries to Pedestrians Involved in Accident are Likely to be Severe 

It should go without saying, but when a pedestrian is involved in an accident with a car the results can be devastating.  Roughly 25% of Florida pedestrians involved in an accident with a car, suffer either fatal or incapacitating injuries.  It is extremely unlikely that a pedestrian will walk away from an accident with no injuries.  The injuries suffered by pedestrians can be severe and include:

1.      Death;

2.      Traumatic brain injury and/or concussions;

3.      Spinal cord damage and/or paralysis;

4.      Disfigurement;

5.      Fractured or broken bones;

6.      Nerve damage;

7.      Lacerations, contusions and road rash; and

8.      Neck and back injuries.

Have you or a loved one been injured in pedestrian accident? Contact an experienced St. Petersburg personal injury attorney at The Law Offices of Bobby Jones today.  Make an appointment today to come in for a free consultation.   If you have been involved in an accident, you should immediately call The Law Offices of Bobby Jones at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.

The Law Offices of Bobby Jones
6570 30^th Avenue North
St. Pete, FL 33710

http://bobbyjoneslaw.com/personal-injury/