In Florida, both adult pedestrians and vehicle drivers have equal rights concerning roadway use. Both are legally obligated to respect the other’s rights on and near the roadways and are expected to exercise reasonable care when walking or driving.

There are specific laws regarding pedestrians walking alongside vehicles, depending on the time of the incident, how the pedestrian was moving, and whether the pedestrian is a child or an adult.

The law also takes into account something known as the “tort threshold” when determining damages. Essentially, the injury suffered by the pedestrian must cause:

• significant and permanent loss of a bodily function, or
• permanent injury within a reasonable degree of medical probability that is no scarring or disfigurement, or
• significant and permanent scarring or disfigurement, or
• death.

Furthermore, according to Florida Statute 316.130, any accident that involves a pedestrian being hit by a car in Florida will be reviewed by the police department, insurance adjusters, investigators, and attorneys.

Adult pedestrians must abide by certain laws, including:

• Obeying traffic signals, stop signs, and street markings, except for officer direction;
• Using the sidewalks, if available;
• If no sidewalks are available, walking on the shoulder of the road, facing traffic on the left.

In some cases, the laws do not apply to visitors from other states. If you are visiting Florida, you could be eligible for compensation for pain and suffering if you are struck by a vehicle while walking, even if a Florida resident would not be entitled to the same compensation.

Despite the state’s requirement that pedestrians be held to a certain standard, drivers can face harsh criminal and civil penalties if they are found negligent in a pedestrian accident.