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Pedestrian Laws (1)
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Lora Hollingsworth, P.E., Chief Safety Officer

 

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   Traffic laws for pedestrians and drivers to know (1)

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This is a summary of Florida's traffic laws that pertain to pedestrian travel. For the actual wording, the state traffic code should be consulted and can be accessed
via this link.

Although drivers are required to exercise care to avoid pedestrians (see next page), pedestrians are also subject to traffic laws.


Definitions
(Section 316.003(6), (28), and (47), F.S.)

CROSSWALK: (a) 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, or (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

PEDESTRIAN: Any person afoot.

Comment: Pedestrians are understood to include: "a person afoot, in a wheelchair, on skates, or on a skateboard" (definition of "pedestrian" in the Manual on Uniform Traffic Control Devices).

SIDEWALK: That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

Comment:  The lateral line of the roadway is the edge of the roadway. A street's public right-of-way reservation typically includes width for sidewalks and utilities.  Unpaved sidewalks (beaten paths or other firm surfaces) may be practical for some pedestrian use, but generally do not meet technical provisions for "accessible [pedestrian] routes" or "accessible trails" as described in federal accessibility standards and guidelines.

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Duties of pedestrians and nearby drivers

Pedestrian use of streets and highways
(Sections 316.130(3), (4), and (18); 316.2065(12), F.S.)

arrow   Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.

arrow   Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian's direction of travel, facing traffic which may approach from the opposite direction.

arrow    No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians.

Comment: Sidewalks in the legal sense (see definition above) exist on most streets in settled areas, but are not necessarily paved.  Encroaching vegetation, cracks and upheaval caused by tree roots, illegally parked vehicles and other circumstances can make even paved sidewalks impractical to use at points and inaccessible for those with mobility impairments.  Where sidewalk areas have been left unpaved, natural vegetation or landscaping, wet or muddy conditions, nearby ditches, and hazards hidden in grass or under plant litter (wasp nests, sharp objects, tripping hazards, etc.) can similarly make pedestrian use impractical. 

When such circumstances occur on a road without curbs, pedestrians traveling along the road should use the left shoulder, the graded area adjacent to the traveled way on the left side.  Where such circumstances occur on a street with curbs, there is no shoulder per se, but the customary rule for pedestrians to travel on the left side of the roadway, so as to face any traffic approaching in the adjacent lane, is still applicable when practicable.  A driver and a pedestrian who face each other are generally more aware of each other and crash risk is therefore reduced for pedestrians who travel on the left.  (Note: because of their much greater speeds and other differences in operating characteristics, cyclists do not enhance their safety by following this rule.  On the contrary, it increases a cyclist's crash risk.  Roadway cyclists are required to travel on the right.)

arrow   No pedestrian shall walk upon a limited access facility (freeway or interstate highway) or a ramp connecting a limited access facility to any other street or highway.

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Standing in the roadway
(Section 316.130, F.S.)

arrow   No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.

arrow   No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

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Crossing a roadway mid-block, not in a crosswalk
(Section 316.130(7), (10), (11) and (12), F.S.)

arrow   A pedestrian crossing a roadway at any point other than a (marked or unmarked) intersection crosswalk or a marked mid-block crosswalk shall yield to all vehicles on the roadway.

arrow   A 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.

Comment: Since, at mid-block locations without crosswalks, a crossing pedestrian's duty to yield is already established by the provision paraphrased above this one, the only effect of this provision is at intersection crossings where a pedestrian tunnel or overpass has been provided.

arrow   A pedestrian may not cross between adjacent signalized intersections.

Comment: Adjacent signalized intersections are generally found in central business districts, less commonly in suburban areas.

arrow   Except in a marked crosswalk, a crossing pedestrian must cross at right angles to the edge of the roadway, or by the shortest route to the opposite side.

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Crossing a roadway in an unsignalized crosswalk (marked or unmarked crosswalk at an intersection, or crosswalk marked mid-block)
(Section 316.130(7), (8), (9) and (14), F.S.)

arrow   The driver of a vehicle at any crosswalk where a sign so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and 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.

arrow   When traffic control signals are not in place or in operation and no sign indicates otherwise, the driver of a vehicle shall yield, 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.

arrow   No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path or a vehicle which is so close that it is impossible for the driver to yield.

Comment: A pedestrian who sets foot in a (marked or unmarked) crosswalk where traffic signals are not in place, or are in place but not operating, obliges an approaching driver to yield the right of way, so long as it is feasible for the driver to do so.  The driver's duty to yield applies regardless of whether the crossing location is controlled by any signs (Stop or Yield).  Yielding may take the form of slowing or stopping; safe yielding requires stopping (and waiting) if the crossing pedestrian is in the driver's lane, in the lane into which the driver is turning, or in an adjoining lane.

arrow   When a vehicle is stopped at a crosswalk 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.

Comment: When one driver stops to let a pedestrian cross, the stopped vehicles may screen the pedestrian from the view of an approaching driver, and also screen the approaching vehicle from the pedestrian's view.  The law therefore requires a driver approaching a vehicle stopped at a crosswalk from the rear to assume that a pedestrian may be crossing, even when none can be seen at the moment.  A violation of this rule can cause serious injury because the overtaking driver is traveling at speed.  To reduce this risk, seasoned pedestrians pause to scan the next traffic lane before advancing beyond the outside edge of any "screen".

arrow   A pedestrian may not cross an intersection diagonally except where and when crossing is authorized by official traffic control devices.

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