Short answer: when they have to be on the road for safety and they aren’t doing anything illegal.
According to Florida law, a pedestrian may stand or walk on a road in which a sidewalk is not provided. In such a case, the pedestrian should walk only on the shoulder on the left side of the road. This means the person should be walking against oncoming traffic and never in the actual lane for vehicles.
Florida pedestrian laws prohibit a person from standing on a road that is paved for vehicular traffic in an attempt to solicit a ride, solicit employment or solicit business from the occupant of a vehicle.
In addition, a person cannot walk on any road where a sidewalk is provided, as long as that sidewalk is passable. Situations where a sidewalk may be found to be impassable include instances of sidewalks in disrepair or sidewalks with safety hazards. Think of construction cones and caution tape blocking access to a sidewalk.
Florida pedestrian laws are meant to protect people from the dangers of motor vehicles. A violation of these laws may result in a non-criminal traffic infraction and a fine, not to mention the danger of being struck by a vehicle while in the road.
If you were hit by a car while walking in the street and cited for being in the road improperly, you may bear some responsibility for the accident. But, that doesn’t mean you are wholly responsible for your injuries. If the driver was distracted, impaired or simply not paying attention, you may have a claim against his insurance company for your injuries. Call us today for a free case evaluation to determine whether you have a valid claim.