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Florida law protects the safety of pedestrians by requiring every driver of a vehicle to exercise due caution when pedestrians are present. Pursuant to Florida Statute 16.130 – Pedestrians; traffic regulations, the driver of a vehicle that is at an intersection and has a traffic control signal, must stop before entering the crosswalk and remain stopped to allow a pedestrian to cross a roadway while in the crosswalk. When traffic control signals are not in place or there is no signage indicating otherwise, the driver or a vehicle shall yield the right-of-way, by either slowing down or stopping completely, to a pedestrian crossing the roadway within a crosswalk. Florida driver’s only have the right-of-way when a pedestrian tunnel or overhead pedestrian crossing has been provided and the pedestrian chooses to cross the roadway instead of using the tunnel or overhead crossing, or when the pedestrian is crossing a roadway at any point other than within a marked crosswalk.
Notwithstanding other provisions of this chapter, every driver 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. Even if a pedestrian is hit or injured outside of a crosswalk, a cause of action can be pursued based on this Statute and other Florida law if driver inattention, speed, distraction, or other negligence caused or contributed to the accident or incident causing personal injuries to the pedestrian.