Pedestrian right-of-way...is it different in Florida?

[JohnandDebbie]

Just moved here 6 weeks ago from up north. One of the things I really love to do is walk in the morning like so many others I see. While walking along Canal St. this morning I was crossing a side-street in the clearly marked pedestrian crossing when a local contractor's truck making a left turn off of Canal came barreling through barely missing me. I threw up my hands as he went by and he proceeded to slam on his brakes and jump out of his truck. He proceeded to tell me that I was in the wrong and that he had the right-of-way over a pedestrian. I remarked that I was in a legal crosswalk and that I had the right-of-way, not him. Now, I do understand safe behavior and that we all need to be vigilant when walking/driving/riding, etc. at all times. (I read a previous post by a jogger on a similar topic who commented that you can be "dead right and still be dead".) However, I was aware his truck was there and waiting for traffic to clear before turning and was halfway across the crosswalk when he turned. So my real question is: Do pedestrians in a legally designated crosswalk have the right-of-way or not under Florida law? Or, are pedestrians required to yield to vehicular traffic?

[billethkid]

common sense would suggest the answer to be yes, a pedestrian in the crosswalk has the right of way.

I do not know what the FL "letter of the law" states.

[TheVillageChicken]

Para 7c (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0300-0399/0316/Sections/0316.130.html)

[billethkid]

From the FL State Drivers Association, FL Driver's Handbook:

"Pedestrians

It is the motorist's responsibility to do everything possible to avoid colliding with any pedestrians. Bicyclists, skaters and skateboarders in a crosswalk or driveway are considered pedestrians. Turning motorists must yield to pedestrians at intersections with traffic signals. Motorists must yield to pedestrians crossing the street or driveway at any marked mid-block crossing, driveway or intersection without traffic signals."

[Jejuca]

The key is "without traffic signals."
As a pedestrian I always look before crossing and yield way to anything "larger" than me!

[NotGolfer]

Pedestrians do have the right of way in a cross-walk designated as such. That said...they do NOT have the right of way just jay-walking across a street etc. Many folks here seem to think they can just walk across...some not even looking both ways. Amazing more don't get hit!

We ALL have to be aware of our surroundings at all times here...both motor traffic and others!! Good thing the OP wasn't hurt!!!

[red tail]

Statutes & Constitution :View Statutes : Online Sunshine (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.130.html)

[CFrance]

I suggest you print out a copy of BTK's post and take it with you when you walk for the next time you encounter this jerk.

[blueeagle65]

I was taught at an early age to yield to anything larger than me. Good sense trumps legalities every time!

[TNLAKEPANDA]

Did you happen to get a name of the Company? I can't believe that he got out of his truck and gave you a bunch of S&@% Clearly he was in the wrong.

[KARENNN]

If I am already crossing, I expect a car to yield to me. However, I always look before I start crossing to see if there is a car anywhere nearby that may be turning in front of me. If so, I wait. Unless they wave me on, I wait on the sidewalk for it to go. Don't count on the driver seeing you.

[cquick]

You should have taken a photo of his truck and reported him to his company. He was def. in the wrong, but if you are hit, that wouldn't do you any good.

Sorry!

[USSGompers]

Did you happen to get a name of the Company? I can't believe that he got out of his truck and gave you a bunch of S&@% Clearly he was in the wrong.

That is totally aggressive behavior on that guy's part. If he did that to me, I probably would have tazed him....who knows if he was on drugs or drunk and was about to attack me.

Just because he was some employee of a Contracting Co. means nothing. Right after the hurricane in 2005, I had to drive to Ocala's Walmart cause none of the stores around here had batteries. Our power was off for almost 2 days in the El Cortez Villas.

It was raining and hard to see out my back window as I was Slowly backing out.
I noticed a guy in a pick-up truck behind me and braked. He came barrelling out of his vehicle and banged on my window. I stupidly rolled it down and he reached into my car and grabbed my rear view mirror.

He looked at me and my 80 yr old Mother and said, "I just wanted to see if you had a G** Da** F'ng rear view mirror". Then pushed me on my shoulder, got in his truck and drove off.

Needless-to-say--Momma and I were scared. Got a Zapper after that!

[blueash]

Para 7c (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0300-0399/0316/Sections/0316.130.html)

Here is the wording in the reference:
(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway