Pedestrian right of way Florida law question

Discussion in 'Odds & Ends' started by The Meat, Apr 13, 2013.

  1. The Meat

    The Meat Hall of Fame

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    Okay so today I was driving in a parking lot and a pedestrian is attempting to cross the street to a side store near a publix without walking on a designated marked crosswalk. I drive past him because I didn't see him in time, he curses me out and confronts me in front of the store.

    In Florida, do drivers have to yield to every pedestrian crossing without a marked crosswalk? I've always thought the drivers had the right of way unless there is a marked pedestrian crosswalk.
     
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  2. mikeler

    mikeler G.O.A.T.

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    Pedestrians ALWAYS have right of way no matter what the situation.
     
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  3. The Meat

    The Meat Hall of Fame

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    So I have to stop for every pedestrian, even if it takes 10 minutes for everyone to pass by a unmarked crosswalk? That doesn't make much sense to me, especially when I think it's considered J-Walking when it's not done on a designated crosswalk. When I'm crossing, I always let every car pass by until there's time for me to cross....
     
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  4. bad_call

    bad_call Legend

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  5. Fearsome Forehand

    Fearsome Forehand Professional

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    Well, you don't want to run someone over to prove a point. :) So, yes you should yield if possible. If you don't see the pedestrian, obviously you can't yield. But, if a reasonable person would have seen and yielded to the pedestrian under the same conditions, you might have some 'splaining to do if you hit the pedestrian.

    However, if he was crossing a street and not crossing at a crosswalk (jaywalking) and you had hit him, provided you were not speeding, etc, you would not be as liable as you would if you have hit him in a cross walk or an intersection with a stop sign or a red light. He would probably still sue you because he is a jerk and your insurance company would probably throw him a few grand to sign a release. That is why rates are so high.

    When I lived in FL, I was amazed how some people thought it was okay to cross any street (even a major thoroughfare) wherever the hell they wanted to and they would not even walk fast. They would mosey along with cars approaching them at 50 mph. It is a cultural thing, I suppose. Some cultures produce more idiots. :)

    I was on a highway in CA and some moron was riding a bike on the freaking highway. It was dark and I was exiting the highway, he crossed the opening of the exit ramp without even looking over his shoulder. A matter of a few seconds and I would have had a dead guy on my hood. And, of course, his grieving family would have sued me.
     
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  6. The Meat

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    Okay thanks, I'm just mad that someone actually took 5 minutes to yell at me for something that isn't quite illegal.
     
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  7. bad_call

    bad_call Legend

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  8. The Meat

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  9. Fearsome Forehand

    Fearsome Forehand Professional

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    The pertinent sections of the statute:

    [SIZE=-1]([SIZE=-1] 8[/SIZE] No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
    (9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
    (10) 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.
    (11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
    (12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.

    [SIZE=-1]One would think #8 would not be necessary to put into the code. :roll:[/SIZE]

    [/SIZE]
     
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  10. mikeler

    mikeler G.O.A.T.

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  11. stringertom

    stringertom G.O.A.T.

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    Drivers here in FL are pathethically unconcerned about pedestrian safety. I work in a tourist corridor (Intl. Drive) in Orlando with loads of Euro tourists, who are conditioned to believe cars will yield to pedestrians in zebra-marked crosswalks. Nothing could be further from reality. I'm surprised there haven't been many injuries due to this lack of concern. The absolute worst offenders are cabdrivers rushing to make a speedy drop and on to the next fare!
     
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  12. The Meat

    The Meat Hall of Fame

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    I think there's different pedestrian right of way traditions in Florida. In Central-South Florida I haven't had to deal with this sort of thing, every pedestrian waits until there aren't cars in sight to make safe passage across the roads. I guess Central-North Florida has a different thing, because of influence from bordering states?

    I've been to many places in Florida, but never had to deal with this sort of thing until my move to North Florida....And they have cornhole, a whole new fun game I've never heard of with a strange name.
     
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  13. jmverdugo

    jmverdugo Hall of Fame

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    Lets not oversee the fact that this happened in a parking lot, people is supposed to be walking to their cars. You have to yield to pedestrians in a parking lot. Actually Some parking lots only have zebra marking for handicap people. And yes you are supposed to wait 5 min if that is what it takes, you are seating in your car with ac, how hard can it be?
     
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