Most people assume that being in a crosswalk means being safe. The painted lines, the crossing signals, the bright signs, they all send a message that this is where pedestrians belong, and that drivers will respect that. But thousands of Floridians are hit in crosswalks every year, and the question of who is actually responsible is not always as simple as it looks.
If you or a family member was struck by a vehicle while crossing the street in Florida, Amanda Demanda Injury Lawyers is here to help you make sense of what happened and what comes next. Our Miami pedestrian accident attorneys represent injured pedestrians throughout South Florida and across the state, and we know how to build the kind of case these situations demand.
Florida’s Pedestrian Statistics Tell a Troubling Story
Florida is one of the most dangerous states in the country for pedestrians, and the data backs that up. According to the Florida Department of Highway Safety and Motor Vehicles, pedestrians were involved in over 10,000 crashes in Florida in 2023, resulting in 779 deaths and 1,393 serious injuries. Pedestrians have the highest fatality rate of any road user group in the state, and crashes most commonly occur during the evening hours when visibility is reduced.
These are not just numbers. They represent real people who stepped into a crosswalk expecting to make it to the other side.
When the Driver Is Liable
Florida law requires drivers to yield to pedestrians in marked crosswalks. Under Florida Statute 316.130, a driver approaching a crosswalk must stop and remain stopped when a pedestrian is crossing within the driver’s half of the roadway or approaching from the opposite half. Failing to yield to a pedestrian lawfully in a crosswalk is a clear violation of this duty.
Common Reasons Drivers Are Found at Fault
When a driver hits a pedestrian in a crosswalk, their liability usually stems from one or more specific failures. Distracted driving, particularly phone use, is among the most frequent causes. Speeding through intersections, running red lights, failing to check for pedestrians before turning, and driving while impaired all regularly appear in crosswalk accident cases.
Drunk driving deserves special mention. Florida drunk driving accidents that involve pedestrians in crosswalks often support claims for enhanced damages because the driver’s conduct reflects a willful disregard for the safety of others, not just carelessness.
Can the Pedestrian Share Fault?
Florida uses a pure comparative fault system, which means a pedestrian can recover compensation even if they were partially at fault for the crash. Unlike states with modified comparative fault rules, Florida does not bar recovery based on a percentage threshold. Even a pedestrian who was 60 percent at fault can still recover the remaining 40 percent of their damages from the driver.
What This Means in Practice
Insurance companies in Florida frequently argue that a pedestrian contributed to their own injuries, perhaps by crossing before the signal changed, not making eye contact with oncoming traffic, or wearing dark clothing at night. These arguments are designed to lower the amount the insurer has to pay. An experienced attorney can challenge these characterizations by analyzing traffic camera footage, police reports, eyewitness accounts, and accident reconstruction evidence to accurately represent what actually happened.
The following are the most common ways fault is assigned in Florida crosswalk cases:
- Driver inattention: Texting, adjusting the radio, or otherwise not watching the road
- Failure to yield: Turning without checking for pedestrians in the crosswalk
- Signal violations: Running red lights or stop signs at intersections
- Impairment: Driving under the influence of alcohol or drugs
- Pedestrian distraction: Walking while looking at a phone or wearing headphones at high volume
Understanding fault in your specific case is the first step toward knowing what you can recover. Our blog on pedestrian right-of-way rules in Florida provides additional context on how these laws apply on Florida roads.
What Damages Are Available After a Crosswalk Accident
Pedestrians struck by vehicles frequently suffer some of the most severe injuries seen in personal injury cases. With no physical protection between them and a moving car, broken bones, traumatic brain injuries, spinal cord damage, and internal injuries are common outcomes.
Compensation in a crosswalk accident claim can cover medical bills, future treatment costs, lost wages, pain and suffering, and long-term disability. In the most tragic cases, when a pedestrian does not survive, surviving family members may be entitled to pursue a Florida wrongful death claim against the at-fault driver. These cases carry their own legal requirements and timelines, and having an attorney involved from the start makes an enormous difference.
Contact Amanda Demanda Injury Lawyers After a Florida Crosswalk Accident
Pedestrian accidents in Florida move fast, evidence disappears, witnesses become harder to find, and insurance companies begin building their defense immediately. Having the right attorney in your corner from day one is what makes the difference between a case that reflects your real losses and one that settles for far less. Our Miami car accident and pedestrian injury team has the experience and the drive to pursue every avenue of recovery on your behalf.
Attorney Amanda Demanda, a National Trial Lawyers Top 40 Under 40 honoree, and Managing Partner Miriam Fresco Agrait, a Board Certified Civil Trial Attorney with over 14 years of experience and a Martindale-Hubbell AV Preeminent Rating, lead a firm that has secured results including a $43 million jury verdict for a seriously injured client. Reach out through our contact form to schedule your free consultation today.
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