Are you sure you know your rights when crossing a Florida street? Many pedestrians assume drivers will always yield, but Florida law is more nuanced. Under Fla. Stat. §316.130, pedestrians have the right-of-way in marked crosswalks and at intersections, but must also obey traffic signals and avoid suddenly stepping into traffic. Drivers are required to exercise due care, but insurance companies often exploit gray areas to deny claims.
Defense arguments are common in pedestrian injury cases. The most frequent tactics include blaming the pedestrian for distraction (like using a phone), alleging jaywalking, or claiming the pedestrian failed to use a crosswalk. These defenses can reduce or eliminate compensation, especially if evidence is missing or the pedestrian waited too long to act. Comparative negligence means your own actions can impact your recovery, so documenting the scene and witness statements is critical.
Florida’s statute of limitations for negligence-based pedestrian injury claims is now just 2 years (Fla. Stat. §95.11(5)(a)), not 4. This change, effective since March 24, 2023, means waiting can cost you everything. If you’re injured, act fast: preserve evidence, get medical care, and consult a Florida injury attorney before memories fade and deadlines pass. Our firm knows how to counter defense arguments and protect your rights.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
