The principle by which this is usually determined is called the “law of negligence”. Any party who is deemed to have failed to exercise a reasonable standard of caution, given the circumstances, could be recognized as negligent.
Of course, this can apply to both parties involved in the accident; the driver and the pedestrian. The most common scenario in which this happens is when a pedestrian is crossing the street at an unmarked spot, while the driver is heading at a speed past the marked limit. In this instance, both of the parties are negligent, and such situations are handled differently based on the state the accident had occurred in.
In the case of Florida, the law has many specific statutes when it comes to pedestrians. The police, insurance agents, investigators, and lawyers must investigate each pedestrian accident. The law also regulates the specifics around the right of ways, crosswalks, sidewalks, and hitchhiking. If a pedestrian is found to be in violation of pedestrian laws, they can be deemed liable for what’s known as a noncriminal traffic violation. For the drivers, the sanctions are far more severe if it can be proven that the driver was negligent. He/she can then face both criminal and civil penalties.
Under the Florida law, anyone on foot is considered a pedestrian but only if there’s some motion involved. For example, if someone is repairing their stalled car, they could not be considered a pedestrian. Similarly, in some cases, a bicyclist will be considered a pedestrian if the no-fault law can be applied.