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Is Jaywalking Unlawful In Florida?

Pedestrian

Jaywalking accidents are a serious and fatal problem in Florida. While there are states that have jaywalking laws and consider jaywalking illegal, the rules are not so clear in Florida. Some people assume that jaywalking is illegal. But is this habit really unlawful?

Defining Jaywalking

Before answering the question, “Is jaywalking unlawful in Florida?” It is vital to first understand the meaning of the term “jaywalking.” It might surprise many people, but the term “jaywalking” is not a legal term. However, although it is not a legal term, jaywalking is a term that most people understand well. Most people understand jaywalking as the act of crossing the road at a location other than a crosswalk or an intersection. This is true, but jaywalking also happens when pedestrians fail to follow the appropriate signals.

So, where did the term “jaywalking” come from? Car dealers and automotive clubs invented the term “jaywalking” in the 1900s. Oddly enough, the term “jaywalking” started as a derogatory word. Back then, the term “jay” was used to describe a person from the country who didn’t understand the ways of the big city. The term “jay” was used to refer to people from the country as slow, stupid, or naïve.

Is Jaywalking Illegal in Florida?

Florida does not have any jaywalking laws. In fact, the term “jaywalking” cannot be found anywhere in Florida statutes. This means that what most people refer to as jaywalking is generally not considered illegal in Florida. However, some behaviors that constitute jaywalking are unlawful in Florida. For example, crossing a street when there is a red light showing is illegal in Florida.

Nonetheless, even though jaywalking is not considered illegal in Florida, it does not mean it is safe. Most motorists don’t anticipate a pedestrian to be crossing where there’s no intersection or crosswalk. And if a driver is not expecting a pedestrian to be crossing at a particular area, it means they are less likely to notice the pedestrian.

Additionally, as much as there are no jaywalking laws in Florida, one can always refer to Florida Statute 316.130. According to the law, pedestrians don’t always have the right of way. A pedestrian may have the right of way at a crosswalk or when there is a “Walk” sign at an intersection, but a pedestrian cannot just cross the road anywhere and expect motorists to yield the right of way.

Obligations That Drivers Have to Pedestrians in Florida

Regardless of whether a pedestrian is crossing a street legally or illegally, a driver has an obligation to watch out for pedestrians and avoid hitting them. If a pedestrian accident happens, a distracted driver is at least partially responsible for the accident, even if the pedestrian was unlawfully crossing the road.

Legal Help Is Available

If you have been injured in a Florida pedestrian accident, it is crucial that you retain a skilled personal injury attorney. Our Orlando personal injury attorneys at The Pendas Law Firm can help you with your case. We encourage you to contact us today and schedule a consultation.

The Pendas Law Firm also represents clients in the Miami, West Palm Beach, Ocala, Tampa, Jacksonville, Bradenton, Daytona Beach, Fort Myers, and Fort Lauderdale areas.

Source:

law.cornell.edu/wex/jaywalking

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