In Miami, as in many other major South Florida cities, there are both marked and unmarked crosswalks. A marked crosswalk has painted lines, indicating the boundaries for pedestrians. Marked crosswalks typically have signs and signals indicating when pedestrians can walk, and when they should stop. Under Florida law, any pedestrian that is hit while in one of these marked crosswalks is given special protection.
Unmarked crosswalks do not have distinct lines. Instead, they are part of the roadway. If you are hurt while in a crosswalk, it is important to speak to a Miami pedestrian accident lawyer that can help you determine who is liable for damages.
What is Considered a Legal Crosswalk?
Florida law defines a crosswalk as any portion of a road where there is an intersection that links sidewalks on each side of the road. Crosswalks are measured from one curb to another. When there is not a curb present, the crosswalk is measured from the part of the roadway that is crossable for pedestrians. Crosswalks are also defined as any part of the roadway that is clearly indicated by lines or markings for pedestrians to cross.
Regardless of whether a crosswalk is marked or unmarked, all motorists in Miami should take great care not to hit a pedestrian. Motorists have a great deal of protection during these accidents, while pedestrians are at great risk of suffering serious injuries, and they may not even survive the crash.
Who is Liable for Crosswalk Accidents?
It is crucial to work with a Miami pedestrian accident lawyer that can help you determine who is liable for your injuries after a crosswalk accident. A lawyer will prove that the driver that struck you owed you a duty of care, that they breached that duty by driving carelessly, and that you sustained injuries as a result.
When drivers fail to yield to pedestrians in a crosswalk, they have breached their duty of care. The same Florida Statute that defines crosswalks also stipulates that all motorists must use due care to avoid striking a pedestrian. At intersections controlled by traffic signs and signals, motorists should come to a full stop before entering the crosswalk, and they must remain stopped to allow a pedestrian to cross when the traffic signals indicate it is safe for them to do so.
Drivers must also remain stopped when they approach a crosswalk at the same time a pedestrian closely approaches their half of the road. When a car is stopped at either a marked or unmarked crosswalk, other drivers on the road approaching the stopped car must not try and overtake the car that is stopped.
When drivers fail to abide by the law, it is a strong indication that they acted negligently and therefore, are liable for damages. It is important to call the police after an accident. If law enforcement issues a citation, it can help identify negligence and therefore, help with your personal injury case.