If I Am Hit by a Motor Vehicle as a Pedestrian Who Has the Right of Way?

Over the last 14 years, I’ve handled many accident cases involving pedestrians, and a lot of times the question comes up when I’m talking with my client is, “who has the right of way?”

The answer is, it depends on several factors.

Those factors include whether or not the pedestrian was in a crosswalk, whether they were in a shopping area like a parking lot, whether they were on the roadway… But the law does favor pedestrians because the person driving the vehicle is operating a two-ton or several-ton machine and the pedestrian is just a person.

So, I had a recent case where our client was actually leaving a grocery store and she stepped off of the sidewalk, it wasn’t in a crosswalk area, and she had actually taken several steps before she was hit by the car. The driver of the vehicle tried to argue that she had the right of way because the pedestrian, my client, was not in the crosswalk. But because my client had actually traveled several steps and had established herself in the roadway, the law, which favors the pedestrian, says the driver should have seen her and should have been able to stop, especially because it was a high-traffic area.

We were able to get compensation for my client’s injuries, lost wages, medical bills, and settled her case. She was very happy.

So, if you know somebody who’s been in a situation where they’ve been hit as a pedestrian, they have questions about medical bills, lost wages, or even who is at fault because the driver or the police officer was telling them something different, please have them give me a call. I’m happy to walk them through their case and see if we can help them out.

Newsletter Sign-Up


Facebook badge Twitter badge LinkedIn badge Google Plus Justia badge


1630 West Hillsboro Blvd.
Deerfield Beach, Florida  33442
(954) 428-9333

We serve the following localities: Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hollywood, Lauderhill, Lighthouse Point, Miramar, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Broward County, Boca Raton, Boynton Beach, Delray Beach, Palm Beach Gardens, Wellington, West Palm Beach, and Palm Beach County.

Deerfield Beach Accident Lawyer Goldman & Daszkal, P.A.
Contact Broward County Injury Attorney Goldman & Daszkal, P.A.
Copyright © 2021 Goldman & Daszkal, P.A.   Web Development & Web Marketing by IWD Marketing