Yes, you can still make a claim against the driver for negligence; however, because Florida is a “comparative fault” state, the jury may apportion a share of the fault for your damages to you, thereby reducing your recovery by the amount of your comparative fault. For example, let’s say a jury awards you $10,000.00 in damages, including past medical bills, future medical bills, past wage loss and pain and suffering. However, because the jury also finds that you were 25% at fault for causing your own damages – because you did not use the crosswalk – the judgment entered in your favor is only $7,500.00 ($10,000.00 less your 25% comparative fault).