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    What If I Wasn’t In A Crosswalk When I Was Hit—Do I Still Have A Case?

    If you’re a pedestrian who’s been hit by a vehicle while crossing outside of a designated crosswalk, you may feel like you’re automatically to blame. After all, aren’t crosswalks the only “safe” and “legal” places to cross the street? Not necessarily, and in Florida, the law reflects that reality. While crosswalks do provide added legal protection, being outside one doesn’t mean you’re automatically at fault. In fact, you may still have a strong personal injury case, especially if the driver was distracted, speeding, or otherwise negligent. If you have been in an unfortunate accident, a good Tampa, FL pedestrian accident lawyer can help you to determine what your next steps should be.

    Let’s break down what Florida law says, how comparative negligence works, and what steps you should take if you’re ever involved in this type of accident.

    Florida Law And Pedestrians: Outside The Crosswalk Doesn’t Mean Outside The Law

    Pedestrians are expected to obey traffic laws, just like drivers. Under Florida Statute §316.130, pedestrians must yield the right-of-way to vehicles when crossing the street outside a marked crosswalk or an unmarked crosswalk at an intersection.

    However, this doesn’t mean that drivers have a free pass to plow through any pedestrian outside a crosswalk. Drivers are still legally required to exercise due care to avoid hitting pedestrians—regardless of where the pedestrian is. The law explicitly states:

    “Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian…”

    In practical terms, that means fault isn’t automatically 100% on the pedestrian just because they weren’t in a crosswalk.

    For more information on pedestrian safety rules, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) offers guidance for both drivers and walkers.

    Comparative Negligence In Florida: Splitting The Blame

    Florida follows a modified comparative negligence rule (as of March 2023). Under this system:

    • Both parties can share faults in an accident.
    • Damages are reduced by your percentage of fault.
    • If you are found more than 50% at fault, you cannot recover compensation.

    For example:

    • If you, as a pedestrian, were 30% at fault for crossing outside a crosswalk…
    • And the driver was 70% at fault for speeding and texting…
    • You could still recover 70% of the damages.

    This is why it’s so important to demonstrate that the driver was primarily at fault. Negligent driving, whether it’s distraction, intoxication, or excessive speed, can outweigh the fact that a pedestrian crossed outside a designated area.

    The Governors Highway Safety Association (GHSA) reports that pedestrian fatalities nationwide have surged in recent years, with driver distraction and higher vehicle speeds being major contributing factors.

    Real-Life Scenario: Jaywalking Vs. Distracted Driving

    Imagine you were jogging across a quiet street, not at an intersection or crosswalk. A car comes flying around the corner, texting while driving, and hits you.

    Yes, you were technically jaywalking. But the driver was:

    • Traveling 15 mph over the speed limit
    • Not paying attention
    • And had time to react but didn’t

    In this case, a court could determine that the driver bears most of the fault, since their behavior posed a greater danger than your decision to cross mid-block.

    The Insurance Institute for Highway Safety (IIHS) notes that nearly 20% of pedestrian deaths occur outside intersections, reinforcing that location alone doesn’t determine fault.

    Evidence Matters: Building A Strong Pedestrian Accident Case

    To successfully argue that a driver was primarily at fault, you’ll need evidence. Important pieces include:

    • Surveillance or dashcam footage of the collision
    • Eyewitness statements from bystanders or other drivers
    • Police reports documenting driver behavior (e.g., speeding, distracted)
    • Cell phone records proving texting or calling at the time of the crash
    • Expert accident reconstruction showing visibility, speed, and reaction time

    Our team at Mickey Keenan, P.A. regularly handles pedestrian accident claims and can help gather the right evidence to prove driver negligence.

    Practical Tips For Pedestrians And Runners In Florida

    If you frequently walk, jog, or run in areas without crosswalks, you can lower your risk and strengthen your legal position:

    Be Predictable

    • Cross in well-lit areas.
    • Make eye contact with drivers.
    • Don’t dart into the road unexpectedly.

    Avoid Distractions

    • Keep headphone volume low.
    • Stay alert to your surroundings.

    Obey Traffic Laws

    • Use crosswalks and signals when available.
    • Yield when crossing mid-block.

    If You’re Hit, Take Immediate Action

    • Call 911 and get medical help.
    • Gather names and contact info of witnesses.
    • Take photos of the scene, vehicle, and injuries.
    • Avoid admitting fault, never say “It’s my fault, I wasn’t in a crosswalk.”
    • Call an experienced car accident lawyer right away.

    The NHTSA emphasizes that distracted driving is a leading cause of pedestrian crashes, so documenting a driver’s behavior can be crucial to your case.

    Don’t Let Insurance Companies Decide Fault

    Insurance adjusters are quick to argue that pedestrians outside crosswalks are automatically at fault. This is often an attempt to minimize payouts or deny claims.

    Don’t accept a lowball settlement. Even if you weren’t in a crosswalk, the driver may still hold majority responsibility. Our attorneys know how to push back against insurers and ensure your rights are protected.

    You Still Have Rights—Even Outside The Crosswalk

    Being struck by a vehicle is terrifying, and being outside a crosswalk can make you feel like you have no case. But under Florida law, fault is rarely black and white.

    If the driver was distracted, speeding, or reckless, you may still recover damage even if you crossed mid-block. The key is to have the right legal team to build your case.

    If you or someone you love has been injured in an accident, reach out to Mickey Keenan P.A. any time of the day or evening. We have 24/7 live answering so that you never have to feel like you are alone.