Ask The Traffic School Instructor: Do Pedestrians Always Have The Right-Of-Way?

Question: I was attending a work related safety training session and the instructor said that, in Florida, pedestrians don’t have the right of way. Is that true?

Answer: For the most part, no, it isn’t true but it depends on the circumstances.

First off, we have to look at the term “right-of-way.” There’s a lot of confusion about that term and people tend to think in terms of who has the right-of-way in a given situation when, in fact, no one has the right-of-way. The law doesn’t give anyone the right-of-way; it only says who should give up or yield the right-of-way to another. You can’t take the right-of-way, you can only give it to someone else and the law lists the circumstances in which a driver should give up the right-of-way to another.

Let’s look first at what the law requires of pedestrians:
Now let’s look at those times when drivers are required to give up the right-of-way to pedestrians:
Special circumstances:

If a blind or visually impaired pedestrian, using a white cane or guided by a guide dog, is attempting to cross the street, whether at a crosswalk or not, all traffic in both directions must come to a complete stop.

Watch for children:

Watch out for children, especially near schools, parks, and residential zones. Kids are in their own little world and they don’t care what the law says.

Vulnerable road users

A new law went into effect in Florida a couple of years ago that lists those who are regarded as vulnerable road users. Vulnerable road users include:

The new law requires motorists who are involved in a crash with a vulnerable road user to stop and render aid. Those who fail to do so will face severe penalties.

The lists above don’t include every instance covered under the law, just the basic ones. To see what Florida law says about pedestrians, read: The 2015 Florida Statutes – 316.130 Pedestrians; traffic regulations.—