In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:
“Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” See the Full Florida Statute Section 316.130.
Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.
I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.
Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.