RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Preventing Pedestrian Accidents: Special Right-of-Way Circumstances

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Personal Injury

Some pedestrian accidents occur under special circumstances, which require a motorist to yield the right of way to a pedestrian in a situation where they might otherwise have the right of way. Examples include scenarios involving the presence of blind persons, construction workers, or other special hazards, or where a motorist is entering or exiting a driveway or alley. In these cases, the duty to operate a vehicle in a reasonable manner necessitates motorists to remain particularly observant of their surroundings. In an effort to promote safety and awareness, the Gainesville Attorneys of the Law Office of Alba & Yochim P.A. discuss the topic of special right-of-way circumstances associated with pedestrians.

Blind Persons

Florida Statute § 316.1301(2) provides, in part: Whenever a pedestrian is crossing, or attempting to cross, a public street or highway, guided by a dog guide or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection or place where the pedestrian is attempting to cross shall bring his or her vehicle to a full stop before arriving at such intersection or place of crossing and, before proceeding, shall take such precautions as may be necessary to avoid injuring such pedestrian.

Construction Workers

Florida Statute § 316.079(1) and (2) provide: (1) Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flagperson engaged in maintenance or construction work on a highway whenever the driver is reasonably and lawfully notified of the presence of such worker by a flagperson and a warning sign or device; and (2) Every driver of a vehicle on public roadways shall yield the right-of-way to an escort vehicle or pedestrian flagperson that is engaged in the management of highway movements of an oversize vehicle permitted pursuant to s. 316.550, provided the driver is reasonably and lawfully notified of the presence of such vehicle or flagperson.
Special Hazards
Florida Statute § 316.185 provides: The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.
Entering and Emerging from Driveways, Alleys, or Buildings
Florida Statute § 316.125 provides: (1) The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered which are so close thereto as to constitute an immediate hazard; and (2) The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.
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