When a pedestrian is struck by a 4,000-pound motor vehicle, the physical results are devastating. In Florida, pedestrian accidents frequently result in high-value insurance claims due to the severity of the injuries sustained—ranging from shattered pelvises to traumatic brain injuries. However, insurance adjusters have a standard playbook for defending these claims: they will immediately argue that the pedestrian was “jaywalking” or crossed outside of a marked crosswalk. Victims often mistakenly believe that if they were jaywalking, they have no legal right to sue. In 2026, understanding Florida’s comparative negligence laws is vital to fighting back and securing your settlement.
The Duty of Care and Jaywalking
Florida law dictates that pedestrians generally have the right-of-way when inside a marked crosswalk. If you cross the street outside of a designated crosswalk (jaywalking), you must yield the right-of-way to oncoming traffic.
However, this does not give drivers a free pass to hit you. All motorists in Florida owe a “duty of reasonable care” to avoid colliding with pedestrians, regardless of where the pedestrian is walking. If a driver was texting, speeding, or driving under the influence when they struck you, their gross negligence can override your traffic infraction.
Navigating Modified Comparative Negligence
Florida operates under a 51% Modified Comparative Negligence system. This means that fault is distributed as a percentage. If a jury determines that you were 30% at fault for crossing outside a crosswalk, but the driver was 70% at fault because they were speeding and texting, you can still recover 70% of your total damages.
The critical danger lies in the 51% threshold. If the insurance company successfully argues that your decision to dart into traffic makes you 51% or more responsible for the accident, Florida law completely bars you from receiving any compensation.
Building a Bulletproof Claim
To combat the “jaywalking defense,” you must gather overwhelming evidence of the driver’s negligence. This includes:
- Subpoenaing the driver’s cell phone records to prove distracted driving.
- Securing nearby surveillance or doorbell camera footage.
- Measuring skid marks at the scene to prove excessive speed.
Because pedestrian impacts almost always meet Florida’s “Serious Injury Threshold,” these claims frequently seek compensation for long-term pain and suffering, future surgical costs, and permanent disability. Do not let an adjuster intimidate you into dropping your claim. Evaluate your true economic and non-economic losses using 2026 data tools.