Can a Pedestrian Cross a Road Without a Crosswalk?

July 29, 2025

Dennis Hernandez

Pedestrians often find themselves needing to cross the street where no marked crosswalk is present. In Florida, doing so isn’t automatically illegal—but it comes with serious responsibilities. According to Florida Statute § 316.130(10), pedestrians must yield the right-of-way to vehicles when crossing at a location without a marked or unmarked crosswalk. However, crossing between intersections controlled by traffic signals—commonly referred to as jaywalking—is prohibited under Florida law.

In short, mid-block crossings are only permitted when no nearby traffic signals are present and the pedestrian yields to vehicles. Even so, when an accident happens, determining who is at fault can become a complex legal matter.

Who Is Liable in a Pedestrian Accident?

Liability in pedestrian accidents hinges on the actions of both the driver and the pedestrian. Florida law requires drivers to remain vigilant, especially in areas where pedestrians are likely to be present. A driver who is speeding, distracted, or impaired can be held liable if those actions contribute to a collision.

At the same time, pedestrians may be found partially or fully at fault if they:

Jaywalk across a busy roadway
Step into traffic unexpectedly
Ignore traffic signals or crosswalk signs

At Dennis Hernandez Injury Attorneys, our legal team thoroughly examines the facts of each case. We consider every contributing factor to build a strong case and fight for the compensation our clients deserve.

What Does Florida’s Comparative Fault Law Mean?

Florida follows a modified comparative fault system, which significantly impacts how damages are calculated in accident cases:

Pedestrians may recover compensation only if they are less than 51% at fault.
Any award is reduced by the percentage of fault attributed to the pedestrian.

For example, if a pedestrian is found 40% responsible, they can still receive 60% of their total damages. This makes it essential to work with a skilled personal injury attorney who can minimize your share of fault and maximize your financial recovery.

How Does Fault Play Out in Real-Life Situations?

Understanding fault in pedestrian cases is easier through real-world examples:

Mid-block crossing without caution: If a pedestrian darts into the road without looking and is struck, they’ll likely bear most of the responsibility.
Driver runs a red light at a crosswalk: The driver would likely be fully at fault, especially if the pedestrian was lawfully crossing.
Unmarked intersection with a distracted driver: If a pedestrian is crossing cautiously and a driver isn’t paying attention, the driver may be entirely liable.

When both the driver and the pedestrian act carelessly, Florida’s comparative negligence rule applies, and compensation will be divided based on fault. These nuances underscore why having an experienced pedestrian accident lawyer is critical.

What Evidence Is Needed to Prove Fault?

Strong evidence is the foundation of any successful pedestrian accident claim. At Dennis Hernandez Injury Attorneys, we focus on collecting:

Official police and accident reports
Statements from eyewitnesses
Surveillance or traffic camera footage
Medical documentation and expert accident reconstructions

A knowledgeable attorney will leverage this evidence to demonstrate how the accident occurred and who was responsible—crucial steps toward securing compensation.

What Damages Can Be Recovered in a Personal Injury Case?

If you’ve been hurt in a pedestrian accident, you may be entitled to significant compensation. Our legal team helps victims pursue damages such as:

Current and future medical expenses
Lost wages and reduced earning potential
Pain and suffering
Emotional trauma
Long-term or permanent disability

At Dennis Hernandez Injury Attorneys, we fight to get you paid! Every dollar matters when rebuilding your health and your life.

Why Choose Dennis Hernandez Injury Attorneys?

When you’re injured, you deserve a legal team that puts your needs first. At Dennis Hernandez Injury Attorneys, we’ve recovered millions and millions for injured clients throughout Florida. Whether you’re searching for a pedestrian injury lawyer, a motorcycle accident attorney, or a general personal injury attorney, we’re ready to help.

We treat every case like it’s our only one—because to you, it is. Our team speaks English, Spanish, and Portuguese, and you won’t pay anything unless we win your case.

What Should You Do After a Pedestrian Accident?

If you or a loved one has been hit while crossing the street, take these steps immediately to protect your health and legal rights:

Get medical attention right away, even if your injuries seem minor.
Report the accident to law enforcement.
Collect witness contact information if possible.
Avoid speaking with insurance companies before consulting an attorney.
Contact a personal injury lawyer without delay.

Taking swift action can make a huge difference in your case’s outcome.