Pensacola Pedestrian Accident Lawyers

Do Pedestrians Always Have the Right of Way? 

It’s something we’ve all heard at one time or another: “Pedestrians always have the right of way.” But how true is this statement? 

In Florida, there are certain instances in which pedestrians do not have the right of way but must, instead, yield to oncoming traffic. 

These include the following scenarios: 

• When there is a red signal, do not walk signal, or wait signal in the direction the pedestrian wishes to cross 
• When indicated to yield to vehicles by a law enforcement officer or crossing guard 
• When attempting to cross a roadway outside of a marked or unmarked crosswalk where there are crosswalks and/or traffic control devices 
• When leaving a place of safety, such as a curb or sidewalk, and entering a roadway 
• When crossing in a crosswalk where vehicles have already entered the crosswalk

Additionally, pedestrians must use crosswalks when they are provided. If there are no marked crosswalks available, pedestrians must cross using the “shortest route possible.” Pedestrians in Florida must also always use sidewalks when they are provided and are prohibited from soliciting work, business, or rides along any paved roadway in the state. 

That being said, Florida motorists have a strict duty to exercise reasonable care when sharing the roadway with pedestrians. By law, they must do everything possible to avoid a collision whenever possible, and failure to do so may constitute negligence. 

What Damages Can Be Recovered in a Pedestrian Accident Case? 

Without the protection offered by motor vehicles—such as seatbelts, airbags, and heavy metal frames—pedestrians are at a much higher risk of catastrophic injury and death than the occupants of passenger vehicles when the two collide. As a result, they tend to suffer immense physical, psychological, and financial hardships. 

At the Law Office of J.J. Talbott, we strive to help our clients recover full compensation for all of their damages, including but not limited to: 

• Medical expenses, including future care costs 
• Lost income, wages, and employment benefits
• Physical and mental pain and suffering 
• Lost earning ability related to permanent injury or disability
• Loss of future earnings and employment benefits 
• Disfigurement 
• Emotional distress and anguish 
• In-home care and household assistance 

We can help you bring a personal injury or wrongful death lawsuit against the liable party and will aggressively advocate for your maximum recovery.