DELTONA, Fla.  – Central Florida has a reputation for being a dangerous place for pedestrians.

  • Who's at fault in pedestrian crashes?
  • FHP says investigators look at both driver and pedestrian's actions

But it’s not always the driver’s fault when a person is hit.

Mary Ellen Score knows firsthand what can happen when pedestrians and people on bicycles don’t listen.

“All of a sudden a bicyclist slammed into the back of my car,” Score said. “He ran into me, I didn’t run into him. I was sitting there, waiting to take a left and he plowed into the back of me.”

Signs along Saxon Boulevard, between I-4 and Finland Drive in Deltona warn pedestrians to cross at crosswalks.

Score lives close by and often sees people walk through 6 lanes of traffic, out of the crosswalk, to get across the street.

“It’s scary being a driver and having a human being walk out in front of your car. And you can’t do anything about it,” Score said.

Score wants to know who’s at fault if a driver hits a jaywalker.

The answer, not so simple, according to Florida Highway Patrol Lt. Kim Montes.

“Under Florida law drivers are required to use caution when seeing a pedestrian in or near the roadway,” Montes said. “Just because a pedestrian is in the middle of the road, does not allow the driver to strike the pedestrian without consequences.”

“I think that puts drivers at a big liability. I mean you’re driving this car and it doesn’t stop on a second. You try you’re best to watch, but people are people and they’ll cross out in front of you,” Score said.

Montes says investigators look at both the actions of the driver and pedestrian when looking at who’s at fault.

“Police officers investigate a crash and determine who violated state law,” Montes said. “Insurance companies and lawyers determine percentage of fault on both parties.”

Montes says under Florida law, the majority of a pedestrian fatalities are the fault of the pedestrian.