Below are some important, general laws regarding pedestrian accidents taken from the Florida pedestrian statute 316.130. The following rules do not encompass the entire statute. To read the full Florida statute, please visit our statute page.
“Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” – Section 316.130
When the traffic light is red, drivers are required to stop before reaching the crosswalk. If there is no crosswalk, drivers must stop before reaching the intersection. If there is a crosswalk, drivers must allow a pedestrian who has the proper signal to cross the street.
When the circular traffic light facing the pedestrian is green, the pedestrian has the right to proceed across a marked or unmarked crosswalk. Motor vehicles facing the circular green light must proceed cautiously straight or make a left or right turn, if permitted and yield (stop or slow down) to any pedestrians in the intersection or crosswalk.
When there is a green arrow, vehicles are allowed to enter the intersection. They must yield to any pedestrians in a crosswalk.
When there is a steady yellow light, if a driver has been in the intersection waiting to make a left turn, they must yield to pedestrians.
If a visually impaired pedestrian is guided by a dog or is carrying a white cane in an extended or raised position, drivers must stop completely to avoid injuring the pedestrian. Drivers must also stop if someone using a wheelchair, service animal or other mobility aid crosses a roadway.
Even when a pedestrian has right-of-way, not all cars will stop. A driver may be distracted and not notice a pedestrian or a traffic light, so a pedestrian should make eye contact with the drivers before crossing a road to ensure they see him/her. After checking that the light is green and that it is safe to cross, pedestrians should move upon the right half of crosswalks. – Section 316.130(13)).
“Required Personal Injury Protection (“PIP”) benefits; exclusions; priority; claims (received from http://www.lawserver.com/law/state/florida/statutes/florida_statutes_627-736). The purpose of ss. 627.730-627.7405 is to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault, and to require motor vehicle insurance securing such benefits, for motor vehicles required to be registered in this state and, with respect to motor vehicle accidents, a limitation on the right to claim damages for pain, suffering, mental anguish, and inconvenience.” – Section 627.730-627.7405
PIP Benefits All insurance policies must maintain a minimum 80 percent coverage benefit for any and all medical expenses stemming from a car accident. This includes coverage for such costs as ambulance service, surgery, testing, dental procedures and any rehabilitative or prosthetic services. Only services supervised by, ordered by or provided by a licensed medical provider can be reimbursed. Further, policies must also have a minimum 60 percent coverage for loss of income or disability benefits and death benefits of up to $5,000. – Section 627.736
PIP Benefit Exclusions Insurers can exclude benefits to anyone who intentionally causes injury to herself or who gets injured while committing a felony. Also, the insurance company can exclude any injuries or claims sustained by an insured party who has a policy on one car but owns a second, uninsured car and incurs damages in the uninsured automobile. Similarly, any dependent living in the insured’s household who sustains damages in the insured vehicle without the express or implied consent of the owner is also excluded from compensation. – Section 627.736 (2)(b