Under Florida law, a pedestrian struck outside a crosswalk is not automatically at fault. The Miami Pedestrian Accident Lawyer, Jonathan Perazzo, understands that the Florida crosswalk law imposes two duties at once: a pedestrian crossing outside a crosswalk must yield to vehicles under Fla. Stat. § 316.130(10), and every driver must still “exercise due care to avoid colliding with any pedestrian” under Fla. Stat. § 316.130(15). Fault is then divided by percentage — and since 2023, a person more than 50 percent at fault recovers nothing.
A recent Hillsborough County crash raises the question
Late on Friday, July 31, 2026, at approximately 10:50 p.m., a Chevrolet Equinox was traveling westbound on State Road 574 west of North 68th Street in Hillsborough County when two pedestrians attempting to cross entered the vehicle’s path, according to MySuncoast, citing the Florida Highway Patrol. The driver was a 72-year-old man from Largo; a 42-year-old man from Leesburg died at the scene, and a 54-year-old man from Miami was seriously injured, MySuncoast reported.
Nothing here is an opinion about the crash or about anyone involved. Reports do not say whether the crossing accident happened at a crosswalk, and this article does not assume it either way. What follows is general Florida law on a widely misunderstood question.
Florida crosswalk law creates two duties, not one
Most people assume the rule is binary: in the crosswalk, the pedestrian wins; outside it, the driver wins. The statutes do not work that way. A violation by one party does not cancel the duty owed by the other. Crosswalk accidents occur most often due to driver negligence and distracted drivers.
The pedestrian’s duty to yield — § 316.130(10)
Fla. Stat. § 316.130(10) provides that a 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.” That is the provision behind what most people call “jaywalking,” and a violation of it can be treated as evidence of negligence.
The driver’s duty of due care — § 316.130(15)
This is the provision insurers gloss over. Fla. Stat. § 316.130(15) states: “Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian.”
The duty is not limited to pedestrians in crosswalks, and it does not evaporate because someone stepped into the road where they should not have. A driver still owes ordinary care: a proper lookout, a speed reasonable for conditions, and reasonable action to avoid a collision once a person on foot is or should be visible.
So the question of who is at fault when a pedestrian is hit outside a crosswalk in Florida is rarely answered with “the pedestrian, full stop.” It is a comparison.
What counts as an “unmarked crosswalk” in Florida
A legal crosswalk can exist with no lines or other markings on the surface. Under Fla. Stat. § 316.003(17)(a), a crosswalk includes “that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway”; that paragraph does not require lines or other markings, which is why an unmarked crosswalk can exist at an intersection. That distinction decides which rule applies: by its own terms, § 316.130(10) requires every pedestrian crossing a roadway “at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection” to “yield the right-of-way to all vehicles upon the roadway.” So the precise location of a crossing, measured and photographed, often matters more than any other fact in the file.
How Florida splits the fault — and the 2023 change that decides everything
Florida’s comparative fault statute then allocates responsibility by percentage. Fla. Stat. § 768.81(2) provides that a party’s own negligence “diminishes proportionately” the amount awarded — but “does not bar recovery, subject to subsection (6).” A pedestrian found 30 percent responsible does not lose the case; the award is reduced by 30 percent.
Then comes the 2023 change that reshaped these cases. Chapter 2023-15, Laws of Florida (HB 837) added subsection (6) to Florida’s comparative fault statute, and, except as otherwise expressly provided in that act, the act applies to causes of action filed after March 24, 2023. Under Fla. Stat. § 768.81(6), in a negligence action to which the section applies, a party found greater than 50 percent at fault for their own harm may not recover any damages; the subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence under chapter 766.
| Pedestrian’s share of fault | Proportionate reduction only (§ 768.81(2), without the 50% bar) | Where § 768.81(6) applies |
|---|---|---|
| 25% | Recovers 75% | Recovers 75% |
| 51% | Recovers 49% | Recovers nothing |
| 70% | Recovers 30% | Recovers nothing |
The percentages above illustrate how the statute operates. They are not case outcomes and are not a prediction about any claim. Past results do not guarantee a similar outcome.
The percentage is no longer a discount — it is the difference between a claim and no claim at all. That is why insurers argue so hard for a number just above 50: moving a pedestrian from 49 to 51 percent does not trim their exposure, it eliminates it. Developing evidence on the driver’s side of § 316.130(15) is how that allocation gets contested — a core part of what a Florida pedestrian accident attorney does early: securing dashcam and surveillance video before it overwrites, obtaining vehicle event data, and documenting sight lines.
The two-year deadline
Florida’s statute of limitations for negligence claims is two years under Fla. Stat. § 95.11(5)(a); under ch. 2023-15, Laws of Florida, that two-year negligence period applies to causes of action accruing after March 24, 2023. A pending traffic investigation is not one of the grounds listed in Fla. Stat. § 95.051(1) that toll the running of a limitations period. Waiting for a final investigation is a common way families lose options — evidence degrades and video is overwritten. Related reading: our coverage of SUV-involved pedestrian fatalities in Florida.
Frequently Asked Questions
Can I still recover if I was partly at fault for crossing outside a crosswalk?
It depends on your share of fault. Under Fla. Stat. § 768.81(2), your own negligence reduces your award proportionately but, subject to § 768.81(6), does not bar recovery. Under Fla. Stat. § 768.81(6), in a negligence action to which the section applies, a party found greater than 50 percent at fault for their own harm may not recover any damages; the subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence under chapter 766. Chapter 2023-15, Laws of Florida, which added subsection (6), applies, except as otherwise expressly provided in that act, to causes of action filed after March 24, 2023.
What is an unmarked crosswalk in Florida?
It is a crosswalk at an intersection with no lines or other markings on the surface. Under Fla. Stat. § 316.003(17)(a), a crosswalk includes “that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway,” a definition that does not depend on lines or other markings. Whether a person was inside one changes which right-of-way rule applies under Fla. Stat. § 316.130(10).
Does the police or FHP investigation decide my civil case?
No. A traffic investigation and a civil negligence claim are separate proceedings with different purposes and decision-makers. A traffic finding may inform how an insurer evaluates a claim, but it does not determine how fault is allocated in a civil case.
How long do I have to file a pedestrian accident claim in Florida?
Generally two years under Fla. Stat. § 95.11(5)(a), which covers an action founded on negligence; under ch. 2023-15, Laws of Florida, that two-year period applies to causes of action accruing after March 24, 2023. Certain circumstances can alter the practical deadline, so confirm the timeline for your situation as early as possible.
The driver says I stepped out in front of them. Is that the end of it?
Not by itself. Even where a pedestrian failed to yield, Fla. Stat. § 316.130(15) still required the driver to exercise due care. Whether the driver met that duty is a question of fact that depends on evidence, not on the driver’s account alone.
Talk to a Florida pedestrian accident lawyer
If you or a family member was hurt while crossing a Florida roadway, the fault percentage assigned to you is one of the most consequential numbers in the case — and it is decided by evidence that starts disappearing within days. The Perazzo Law Firm offers a free, confidential consultation. You pay no attorney’s fee unless we recover compensation for you*; you may still be responsible for case costs. Bilingual staff, available 24/7.
* No fee if no recovery. Our attorney's fee is contingent on a recovery, but you may still be responsible for court costs and case expenses, as set out in your written contingency fee agreement. Contingent fees are not permitted in all types of cases.
Call 888-PERAZZO or request a free case evaluation. You can also learn more about our pedestrian accident practice.
This content is provided for general informational purposes only and is attorney advertising by The Perazzo Law Firm, North Miami Beach, Florida. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts; consult a licensed attorney about your specific situation.