• Pedestrian Safety
  • March 31, 2010 | Author: Scott P. Swope
  • Law Firm: Swope & Bright, P.L. - Clearwater Office
  • A common theme among insurance defense attorneys is the assertion of comparative negligence by injured pedestrians.  In particular, Florida law requires pedestrians to use sidewalks whenever they are available.  Fla. Stat. 316.130(3).  Pedestrians who are struck while walking in the road (or even alongside the road) when a sidewalk is provided will most likely have their personal injury recovery reduced or eliminated altogether due to their own negligence and violation of Florida law.  For safety’s sake, and to preserve the validity of a potential personal injury claim, pedestrians should use the sidewalk and stay out of the road.