If a crash occurs at a midblock, a pedestrian may be able to make a claim for compensation.
A midblock is basically not at an intersection. This article focuses on midblock pedestrian crashes.
The above image shows a crash that occurs at a midblock. The pedestrian is not in a crosswalk.
In the above image, the accident occurs after the pedestrian has crossed one lane of traffic.
Florida’s law on Midblock Pedestrian accidents
“Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. Florida Statute 316.130.”
Is the pedestrian breaking the law in the above image?
Yes. The pedestrian is violating the above statute because he did not yield to the car on the road. He should have let the car pass him before crossing the road.
Violation of this statute is evidence of the pedestrian’s negligence. This means that the jury is within its discretion in finding the pedestrian at fault for causing the accident.
Does crossing the street at a midblock mean the pedestrian has no case?
Not necessarily. The pedestrian’s violation of this law is not conclusive evidence of negligence. Florida Jury Instruction 401.9. This means that just because the pedestrian violated this statute, it does not automatically mean that the pedestrian is 100% at fault.
Jury can consider all factors in the case
The jury can consider that the pedestrian violated the statute, together will the other facts and circumstances, in deciding whether the pedestrian is negligent.
What are “other facts and circumstances” that may be considered in determining whether the driver or the pedestrian was negligent in this case.
When can the driver be at fault in this scenario?
- It was daylight or there was good lighting when he hit the pedestrian.
- This is a residential area or road with a low-speed limit.
- The pedestrian was walking slowly when the accident happened.
- The driver didn’t have any visual obstructions to his view.
- It happened in a school zone during crossing hours.
Even if the driver is at fault in this midblock accident, the pedestrian likely has at least 50% of the blame. This means that the value of the pedestrian’s case will be cut by at least half for his fault.
When does the driver have much less fault in this scenario?
The driver of the car may have much less fault or no fault if:
- The crash was at nighttime or there was poor lighting when the driver hit the pedestrian.
- The accident occurred on a highway, I-95, the Florida turnpike, the Palmetto or another road with a high-speed limit.
- The pedestrian was running across the road when the accident happened.
- The driver had a visual obstruction to his view, such as other traffic or construction.
- It didn’t happen in a school zone during crossing hours.
Is this law standard throughout the entire state of Florida?
Yes. This law applies regardless of the city in Florida where the pedestrian was hit. So the laws are the same if he was hit in Miami, Homestead, Kendall, Fort Lauderdale, Orlando or anywhere else.
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