Crossing The Road
Fla. Stat. 316.130 — the driver yields or stops for a pedestrian in a crosswalk; outside one, the pedestrian yields
With no signal and no sign, the driver yields. When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle yields the right of way, slowing down or stopping if need be, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway the vehicle is traveling on, or is approaching so closely from the opposite half as to be in danger.
At a signal, or where a sign says so, the driver stops and stays stopped. At an intersection with a traffic control signal, the driver stops before entering the crosswalk and remains stopped to let a pedestrian with a permitted signal cross, when the pedestrian is in the crosswalk or steps into it on the driver's half of the roadway, or is approaching so closely from the opposite half as to be in danger. The same stop applies at any crosswalk where signage so indicates.
Outside a crosswalk, the pedestrian yields. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection yields the right of way to all vehicles on the roadway. A pedestrian crossing where a tunnel or overhead pedestrian crossing has been provided yields to all vehicles as well.
| Where the crossing is | Who yields |
|---|---|
| Where the crossing isIn a crosswalk, no signal and no sign | Who yieldsThe driver yields |
| Where the crossing isIn a crosswalk at a signal, pedestrian with a permitted signal | Who yieldsThe driver stops and stays stopped |
| Where the crossing isAt a crosswalk where signage so indicates | Who yieldsThe driver stops and stays stopped |
| Where the crossing isAnywhere else on the roadway | Who yieldsThe pedestrian |
| Where the crossing isBetween adjacent signaled intersections | Who yieldsCrossing is only in a marked crosswalk |
How the crossing is made. Between adjacent intersections at which traffic control signals are in operation, pedestrians cross only in a marked crosswalk. Except in a marked crosswalk, a pedestrian crosses by a route at right angles to the curb or by the shortest route to the opposite curb. A pedestrian does not cross an intersection diagonally unless official traffic control devices authorize it, and then only as they direct.
The right of way is not unconditional. No pedestrian suddenly leaves a curb or other place of safety and walks or runs into the path of a vehicle so close that it is impossible for the driver to yield.
The car behind. When a vehicle is stopped at a marked crosswalk, or an unmarked crosswalk at an intersection, to let a pedestrian cross, the driver of any other vehicle approaching from the rear does not overtake and pass it.
Due care, whatever else applies. Every driver exercises due care to avoid colliding with any pedestrian or person propelling a human powered vehicle, gives warning when necessary, and takes proper precaution on observing a child or an obviously confused or incapacitated person.
Walking along the road. Where sidewalks are provided, a pedestrian does not walk on the part of the roadway paved for vehicles unless other circumstances require it. Where there are none, a pedestrian walking along a highway walks, when practicable, on the shoulder on the left side, facing traffic.
What a violation is. A violation of the section is a noncriminal traffic infraction, punished under chapter 318 as a pedestrian violation or, if it came from operating a vehicle, as a moving violation.
Crossings at a working signal follow the signal, under sections that are not on this page. Who was at fault in a particular collision, and what a particular ticket means, are questions for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 316.130 — Pedestrians; traffic regulations
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.