Florida Law 316.130 – Pedestrian Traffic Regulations

Florida law 316.130 lists the requirements for pedestrians in the State of Florida. Just like drivers, there are laws that pedestrians have to follow when it comes to the rules of the road. Failing to follow the rules can result in a fine from a law enforcement officer.

There may also be implications when it comes to legal liability if an accident occurs. Our Florida pedestrian accident attorneys explain Florida law 316.130 and pedestrian laws in the State of Florida.

 

Florida law 316.130 – Pedestrian Laws in Florida

Florida law 316.130 lists the rules for pedestrian traffic regulations.[1] The rules apply to all pedestrians, whether or not they have a driver’s license. The rules require pedestrians to observe red lights and walk signals. There are also rules for when drivers must stop for pedestrians in a crosswalk. Florida law 316.130 lists actions that are against Florida law when it comes to pedestrians and motor vehicle traffic.

Florida law 316.130(1) – Following Traffic Control Signals Is Mandatory for Pedestrians

Florida law 316.130(1) says that pedestrians must obey traffic control devices that apply to pedestrians. That means a pedestrian must stop when a traffic signal indicates for them to do so. The rules apply to all intersections. If there’s a police officer present that gives a different instruction, the pedestrian must follow the police officer’s command. However, the general rule from Florida law 316.130(1) is that a pedestrian must obey walk signals and other pedestrian traffic signs at all times.

Florida law 316.130(3) – Pedestrians Must Use the Sidewalks

Florida law 316.130(3) requires pedestrians to use sidewalks whenever they are available. If there’s a sidewalk, it’s against Florida law 316.130(3) for a pedestrian to walk in the street. The law says that there may be exceptions, so there can be some situations that still require a pedestrian to walk in the road, like in an emergency or when the sidewalk is inaccessible because of construction.

Florida law 316.130(4) – Walking on the Road Rules If There Are No Sidewalks

If there are no sidewalks by a road or highway, Florida law 316.130(4) specifies that pedestrians may walk by the side of the road. In all circumstances, pedestrians must walk on the shoulder of the road. They must walk against the flow of traffic, on the left side of the road. Like the rule for walking on the sidewalks, Florida law 316.130(4) creates an exception for when it’s not practical to comply with the requirements of the law.

Florida law 316.130(5) – Soliciting Prohibited in Paved Roadway

Florida law 316.130(5) prohibits a pedestrian from soliciting in a roadway that is paved and used for vehicular traffic. The law states that people can’t solicit rides, a job or business from any person in a vehicle. Similarly, Florida law 316.130(6) prohibits standing on a street to guard a parked car or guide a vehicle that’s about to park.

Florida law 316.130(7) – Drivers Must Stop for Pedestrians in a Crosswalk

Florida statute 316.130(7) requires drivers to stop for pedestrians who are in a crosswalk with a walk signal. The pedestrian may only cross when the traffic signal instructs them to do so. Any time that a pedestrian is lawfully in the crosswalk, the vehicle driver can’t get so close that they’re a danger to the pedestrian. Florida law 316.130(7) prohibits interfering with a pedestrian lawfully in the crosswalk.

If there are no traffic control signals or signs, the driver must yield to a pedestrian in the crosswalk. A pedestrian must use a tunnel or overhead crossing rather than obstruct traffic wherever these walkways exist. Pedestrians don’t have the right of way if there’s a tunnel or overhead crosswalk.

Florida Pedestrians In Crosswalk

Florida law 316.130(8) – Running Into Traffic Prohibited

Florida law 316.130(8) prohibits a pedestrian from running into traffic. A pedestrian may not leave the curb or other places away from traffic to run into the lane of travel. The driver must have enough space to travel without having to yield to the pedestrian. In addition, Florida law 316.130(9) makes it illegal for a vehicle to overtake another vehicle that is stopped for pedestrians in a crosswalk.

Florida law 316.130(10) – Pedestrian Must Yield to Traffic in Crosswalk

Even though a pedestrian has the right of way in a crosswalk, they must still wait until the coast is clear before entering the path of travel. When there is traffic already in the crosswalk, the pedestrian must yield the right of way to that vehicle. Florida law 316.130(10) gives traffic already in the crosswalk the right of way.

Florida law 316.130(11); Florida law 316.130(12) – Using Crosswalks and the Shortest Lane of Travel

Florida law 316.130(11) says that, when there are working crosswalks with traffic control signals, all pedestrians must cross only in the crosswalk. When there are no marked crosswalks, Florida law 316.130(12) requires a pedestrian to cross using the shortest route possible.

The law says that the pedestrian has to walk at right angles perpendicular to the road to cross the road in the shortest distance possible. Florida law 316.130(13) requires pedestrians to use the right side of the crosswalk as much as possible to make room for people moving in the opposite direction. Florida law 316.130(14) says that crossing an intersection diagonally is not allowed unless there is a special traffic control device for that purpose.

Florida law 316.130(15) – Due Care and Caution Towards Pedestrians Required

Florida law 316.130(15) instructs drivers to use due care and caution at all times to avoid colliding with pedestrians. The law calls for special care when there are children or incapacitated persons present. Florida law 316.130(15) calls for general care at all times for vehicle drivers when it comes to the safety of pedestrians.

Florida law 316.130(19) – Violation of Pedestrian Traffic Laws Is a Noncriminal Infraction

According to Florida law 316.130(19), it is a noncriminal traffic infraction to violate Florida’s pedestrian laws. A driver may also face charges of reckless driving, depending on the circumstances.[2] In general, a ticket for a pedestrian traffic violation is a noncriminal traffic infraction.

Contact Our Tampa, FL Pedestrian Accident Attorneys

Have you been in a Florida pedestrian accident? Contact our Florida pedestrian accident attorneys to talk about your case. There is no fee unless you win.

Sources

[1] FLA. STAT. § 316.130 (2019)

[2] FLA. STAT. § 316.192 (2019)

About the Author

Jack G. Bernstein, ESQ.

For more than 37 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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