Can I Receive Compensation if I was Jaywalking at the Time of the Accident?
Clearwater’s world-renowned beaches make it one of Florida’s leading tourist destinations. Beachgoers often take advantage of Clearwater’s waterfront hotels, shopping, and outdoor restaurants. The city itself caters to foot traffic, so it’s not uncommon for pedestrians to cross the road outside of designated crosswalks.
If you were injured in a pedestrian accident while jaywalking, you might still recover personal injury damages in Florida with help from the Clearwater pedestrian injury attorneys at the Law Offices of Tragos, Sartes, & Tragos. Schedule a free and confidential traffic accident consultation with their legal professionals today.
Defining ‘Jaywalking’ in Florida
Though seldom enforced in pedestrian-friendly cities such as Clearwater, jaywalking is illegal in Florida. Section 316.130 of Florida’s motor vehicle code makes it unlawful for pedestrians to cross the road outside of a marked or unmarked crosswalk or against any traffic control device (traffic signal). It’s also unlawful for Florida pedestrians to cross the street through crosswalks diagonally and even use the left side of the crosswalk.
Violations issued to pedestrians under § 316.130 are generally referred to as ‘jaywalking’ citations, but they do not always prevent injured pedestrians from recovering personal injury damages after motor vehicle accidents. Drivers must still yield the right of way to pedestrians in many cases and do everything in their power to avoid pedestrian accidents.
Options for Recovering Damages After Clearwater Pedestrian Accidents
There are three primary ways to recover financial compensation if a vehicle struck you while jaywalking in Florida. An experienced personal injury attorney can help you understand your rights and maximize available damages.
No-Fault Insurance Claim
Florida is a no-fault state, meaning pedestrians might recover compensation for their medical bills and lost income directly from their no-fault insurers, even if they were jaywalking when the accident occurred. Injured pedestrians may demand damages from their personal injury protection (PIP) policies if they owned a vehicle and carried this coverage (mandatory in Florida and New York) or if they did not carry no-fault insurance from the driver’s PIP policy.
Liability (Bodily Injury) Insurance Claim
If you suffered from one of the following severe injuries in a Clearwater pedestrian accident, you might demand damages from the driver’s bodily injury insurance policy:
- Severe traumatic brain injury
- Paralysis
- Disabling back and neck pain
- Organ damage and failure
- Fractures
- Amputations
- Significant disfigurement and scarring
Injured pedestrians might obtain this compensation, which includes pain and suffering damages, in addition to their no-fault benefits.
Personal Injury Litigation
Pedestrian accidents have a high serious injury and fatality rate, often meeting Florida’s car accident injury threshold. In jaywalking cases, it’s not uncommon for liability insurers to refuse to offer a fair settlement on these grounds. Experienced personal injury lawyers in Clearwater often litigate these claims to force a fair settlement based on Florida’s shared negligence laws.
Contact a Dedicated Clearwater Pedestrian Injury Lawyer Today
If you were struck by a vehicle in Clearwater while jaywalking, this may reduce your overall entitlement to damages. However, it does not generally prevent you from obtaining personal injury compensation from negligent drivers. Discuss the facts of your case with the dedicated pedestrian accident attorneys at the Law Offices of Tragos, Sartes, & Tragos today by calling 727-441-9030 or contacting us online.