We have a lot of trails in Florida and we have crosswalks involved with those trails. That’s probably one of the most dangerous places to be a cyclist or a pedestrian, especially if it’s where a trail crosses a busy road.
Generally, bear in mind that the cyclist or the pedestrian has the right of way when they are lawfully within the crosswalk which is the extension of the trail. Problems arise typically because of the conduct of the drivers. Sometimes drivers will turn right across the crosswalk. When they are waiting in traffic, they’re looking left, and someone is going across the crosswalk from the right. The traffic clears and the driver goes without looking right and they hit them.
The other thing we see all the time is two lanes of traffic, one lane stops, the pedestrian or the cyclist begins to go across and the driver in the outside lane doesn’t stop and they get hit. Another problem is people just don’t stop at all. You would be astonished at the number of situations we hear about where someone just never stops, they’re distracted for any number of reasons. We have people who don’t understand that when someone is beginning to enter a crosswalk to cross the road, you have to stop and let them go across.
If you have been involved in any type of crosswalk accident as a pedestrian or cyclist, make sure you talk to someone who has experience representing clients in this situation, who understands the law related to crosswalks and who will make sure your rights are protected.