Unpacking Florida Crosswalk Laws: What You Need to Know

Since 2020, the state of Florida has seen a slow but steady increase in the number of pedestrian accidents suffered each year, from just over eight thousand crashes in 2020 to over ten thousand crashes in 2024, according to the latest estimates. While Florida’s crosswalk laws help protect the safety of pedestrians on public roadways, the risk of pedestrian accidents is still a very real concern for Florida residents.

Pedestrian accidents can be especially earth-shattering among different types of motor vehicle accidents, leaving victims exposed to a more severe injuries and higher medical costs. The good news is that compensation may be available to victims of pedestrian accidents in Florida, but effectively pursuing this compensation requires an understanding of Florida’s pedestrian laws.

The following blog contains a simple breakdown of the most important Florida crosswalk laws, and how they can influence liability in a personal injury case. By the end, you should have a more complete understanding of Florida’s expectations for drivers and pedestrians alike, but we’ll close out with a few frequently asked questions for some extra guidance.

What Is a Crosswalk in Florida?

It might seem pointless to define what a crosswalk is, in Florida or anywhere else in the United States—but understanding the exact legal definition can be of vital importance. The presence of a crosswalk, or lack thereof, affects the responsibilities of both drivers and pedestrians in Florida. So let’s start by establishing what the state of Florida recognizes as a legal crosswalk.

Florida Statute 316.003, subsection 17 defines two distinct kinds of crosswalks:

Marked Crosswalks

This type of crosswalk is typically easy to recognize. Florida law recognizes a portion of road as a crosswalk if it is clearly marked as such, with lines or other markings to indicate where pedestrians may cross. Anywhere on the road that has been marked this way is considered a crosswalk regardless of if it is regulated by traffic signals—although the presence of traffic signals does affect the expectations for pedestrians, as we’ll discuss later.

Crosswalks at Intersections

A marked crosswalk is fairly easy to distinguish as such, but the second type of crosswalk, while just as valid, can be easier to forget about because it is not necessarily indicated by any markings on the road. Florida law states that the section of road at an intersection which connects the lateral lines of the sidewalks on either side of the highway is a crosswalk.

In simpler terms, if there are sidewalks on either side of the roadway at an intersection, then the shortest line of travel between the two sidewalk corners is recognized as a crosswalk. This means that pedestrians have a way to safely and legally cross at intersections even where there are no markings. However, it is important to note that these crosswalks only exist at intersections—if not at an intersection, crosswalks only exist where marked.

Florida Crosswalk Laws for Drivers

Whether marked or unmarked, the existence of a crosswalk in a driver’s path of travel comes with serious responsibilities under Florida law. Those responsibilities are listed in Florida Statute 316.130, and failing to meet these requirements constitutes a noncriminal traffic violation. If a driver causes injury to a pedestrian due to a failure to follow Florida’s crosswalk laws, they may also be financially responsible for the victim’s damages.

Stop & Remain Stopped

When at an intersection with a traffic signal, drivers must stop and remain stopped in front of any crosswalk to allow pedestrians to cross, provided said pedestrians are permitted to walk by the traffic signal.

At a crosswalk with no traffic signal, drivers must still stop and remain stopped for pedestrians in a crosswalk when directed to do so by traffic signage.

In both of the above situations, the requirement to stop and remain stopped whenever:

• A pedestrian is entering the crosswalk on the driver’s side of the roadway.
• A pedestrian is currently in the crosswalk on the driver’s side of the roadway.
• A pedestrian is currently in the crosswalk and approaching the driver’s side of the roadway.

Outside of crosswalks regulated by traffic signals or signage, drivers must still yield the right of way to pedestrians who are crossing or approaching their side of the roadway. This may require drivers to slow down or stop, and drivers should be aware of their surroundings to make the safest decision.

Do Not Pass a Stopped Vehicle

When a driver is stopped for a pedestrian at a crosswalk, no other driver may overtake and pass that vehicle from behind. They must also stop behind the vehicle ahead while the pedestrian is still crossing.

Duty of Care

Putting aside all other responsibilities of both drivers and pedestrians, in all situations, motor vehicle drivers have a legal responsibility under Florida’s pedestrian law to exercise due care towards pedestrians on or near the roadway. This means that even if a pedestrian is behaving dangerously or violating their own legal responsibilities, a driver must still do the best they can to prevent a collision.

Florida Crosswalk Laws for Pedestrians

Crosswalk laws in Florida also include legal responsibilities for pedestrians crossing the roadway, also outlined in Florida Statute 316.130. Failing to meet these responsibilities may constitute a noncriminal traffic violation, just as it does for drivers. It can also increase your percentage of fault, which could impact your ability to recover full compensation.

Obey Traffic Control Devices

Pedestrians must obey any traffic control devices which apply to them.

Do Not Enter the Road Suddenly

Under no circumstances should a pedestrian suddenly leave the curb or any place of safety to enter the roadway if any vehicle is approaching too quickly to yield. If you are unsure if a driver has time to yield, it is always safer to wait.

When to Yield to Oncoming Traffic

Though in many circumstances drivers are expected to yield to pedestrians, under certain conditions pedestrians may be expected to yield the right of way to oncoming traffic. These situations include:

• When crossing the road at a point where a pedestrian tunnel or overpass already exists.
• When crossing the road anywhere other than a crosswalk.

Cross at Crosswalks Where Available

In the stretch of road between two intersections regulated by traffic signals, pedestrians must not cross anywhere other than a marked crosswalk.

Pursuing Compensation

Florida is a no-fault state for car accidents, which means that in the event of an accident, personal injury protection should be available to cover your injuries. But if your damages exceed your policy limit, you may be able to file a claim with the at-fault party’s insurance. Additionally, in the case of severe injuries, you may be able to file a claim for noneconomic damages such as pain and suffering.

However, Florida follows a modified comparative negligence rule, meaning that if you hold a certain percentage of fault, your compensation could be reduced or even withheld entirely. This is why it’s important to understand Florida’s pedestrian crosswalk laws—every infraction may contribute to either party’s level of fault.

Fight for Maximum Recovery

Looking to pursue compensation from an at-fault driver after a pedestrian accident in Florida? You don’t have to fight alone. With the help of a Florida pedestrian accident attorney, you can gain access to critical legal expertise and assistance with gathering key evidence. For legal representation you can rely on, contact Senft Injury Advocates today. With decades of experience navigating Florida law, we are equipped with the tools to advocate for the recovery you deserve.

Frequently Asked Questions

Do pedestrians always have the right of way in Florida?

Pedestrians do not always have the right of way in Florida. While in many situations drivers are expected to yield right of way to pedestrians, in some cases the reverse is true, such as when pedestrians are crossing outside of crosswalks. However, regardless of right of way, both parties must still take proper precautions to avoid a collision.

Do pedestrians have the right of way in a crosswalk in Florida?

Yes, pedestrians generally have the right of way in a crosswalk in Florida, with the main exception being at points where a pedestrian tunnel or overpass already exists. However, right of way does not clear anybody of the responsibility to be aware of their surroundings and make decisions based on safety.

What is jaywalking in Florida?

In Florida, jaywalking is not a legally defined term, but is usually used to refer to the action of illegally crossing the street, or doing so recklessly.

Is jaywalking illegal in Florida?

Yes, jaywalking is illegal in Florida by default. While it is not defined as an offense in Florida pedestrian law, the term by definition refers to unlawful pedestrian crossing.

Are you automatically at fault if you hit a pedestrian in Florida?

No, you are not automatically at fault if you hit a pedestrian in Florida. Florida is a no-fault state for insurance, which means that in minor accidents the injured party’s insurance may cover their losses. However, even in a case where the injured party makes a claim for compensation, every unlawful and negligent action can impact each party’s percentage of fault. In other words, determination of fault varies on a case-by-case basis.

Sources

• FLHSMV Crash Dashboard
• Florida Statutes 316.003
• Florida Statutes 316.130