Is it Illegal to Drive Barefoot in Florida?

Kicking off your shoes before hitting the road might seem harmless, especially in Florida, where warm weather and sandy beaches make barefoot living second nature. But when it comes to driving, is ditching your shoes a risk? More importantly, is it illegal to drive barefoot in Florida? 

Surprisingly, the answer is no, but it might still get you into trouble in certain situations. So, before you slip off your shoes and head out for a drive, here’s what Florida drivers need to know.    

Florida’s Driving Laws

Florida has several state laws in place to keep drivers safe and ensure the smooth flow of traffic. For example, Florida Statute 316.081 requires drivers to stay in the right lane and use the left lane for passing. This helps prevent unnecessary congestion and reduces the risks of accidents caused by slow-moving vehicles blocking the left lane. 

Other laws, like the Florida Ban on Texting While Driving Law, prohibits drivers from using their phones while behind the wheel and encourages focused, safe driving. However, unlike distracted driving or improper lane usage, there are no laws in Florida, or in any other U.S. state, that explicitly prohibit driving barefoot. 

Whether in a car or on a motorcycle, you’re legally allowed to drive without shoes. That being said, just because it’s legal to drive barefoot doesn’t necessarily mean it’s always safe. Florida law expects drivers to operate their motor vehicles responsibly, and that includes making choices that don’t increase the risk of an accident.  

Why Driving Without Shoes is Dangerous

Driving barefoot might seem harmless, but the truth is, it comes with several risks that could impact your safety on the road. Being barefoot can reduce your control over the vehicle and increase your chances of an accident. 

Reduced Pedal Control

Shoes provide stability that bare feet just can’t. Without proper footwear, it’s easier for your foot to slip off the brake or gas pedal, especially if your feet are wet or sweaty. This split-second loss of control could be dangerous in an emergency, where fast braking or acceleration is necessary to avoid a collision. 

Lack of Grip and Traction

Most shoes have textured soles that provide traction, helping your foot maintain steady contact with the pedals. Bare feet, on the other hand, lack that extra grip. If your foot moves unexpectedly, it could result in delayed response times or uneven pressure on the pedals. 

Injury From Pedals

Car pedals aren’t designed for bare skin. The edges of brake and gas pedals can be rough, and long drives with direct foot contact can cause discomfort, blisters, or minor abrasions. In an emergency, sharp or sudden braking could also cause foot cramps or pain, making it harder to maintain steady pressure on the pedals. 

Exposure to Broken Glass, Heat, and Other Hazards

If you’re in an accident or need to step out of your vehicle quickly, shoes give an extra layer of protection against road hazards. Broken glass, hot asphalt, and debris on the road can cause serious foot injuries. Florida’s scorching pavement alone is enough to make stepping out of a vehicle a painful experience. 

Manual Transmission Hazards

If you’re driving a manual car, you’re probably aware that the clutch pedal often requires more force to press down. Without shoes, you may struggle to apply consistent pressure. This can lead to jerky gear shifts and rough transitions, which can be risky in heavy traffic or on inclines. 

Dangerous Types of Footwear to Wear Driving

Every year, an estimated 16,000 car accidents are caused by pedal errors. While there’s no definitive data linking barefoot driving or shoes to these errors, improper footwear can still affect how well a driver controls their pedals. 

Certain types of shoes can slip, get caught under pedals, or prevent the driver from applying steady pressure. Some of the worst footwear choices for driving include: 

• Crocs
• Sandals
• Slippers
• Wedges and platforms
• High heels
• Shoes with long laces

Arguably the most dangerous shoes to wear while driving are flip flops. In fact, according to simulator studies, drivers wearing flip flops take twice as long to move their foot from the gas pedal to the brake pedal compared to those wearing secure shoes. 

If you choose to wear these types of shoes, keeping a spare pair of driving-friendly shoes, like sneakers, in your car is a simple way to stay safe.  

Does Driving Barefoot Affect Liability in a Car Accident? 

While driving barefoot is legal in Florida, that doesn’t mean it can’t impact liability in an accident. If a lack of footwear contributes to a crash, it could result in legal and financial consequences. 

According to Florida Statute 316.192, any person who drives with “willful or wanton disregard for the safety of persons or property” can be charged with reckless driving. In other words, if you lose control of your vehicle while driving barefoot and law enforcement determines that your lack of footwear played a role in the accident, you could be cited for reckless or careless driving. Consequences for this charge are as follows: 

• Up to 90 days in jail, a fine between $25 and $500, or both for the first offense
• Up to six months in jail, a fine between $50 and $1,000, or both for the second or subsequent offense(s)

Being cited for reckless driving can also mean forfeiting the right to pursue compensation if you were injured in the accident. Florida follows a modified comparative fault law in which you can only recover money if your degree of fault is 50% or less. For example, if you are found to be 20% at fault, you would receive 80% in damages. However, if you are found to be more than 50% responsible, you can’t receive any compensation.  

How Insurance Companies Handle Barefoot Driving

Even if law enforcement doesn’t charge you with reckless driving, insurance companies can still use barefoot driving against you when determining liability or processing claims. 

If a police officer includes in the accident report that you were driving without shoes, an insurance adjuster may argue that your lack of footwear contributed to the crash. Insurance companies look for any reason to minimize payouts, and something like driving barefoot could be framed as a form of negligence. 

Additionally, even if you were the victim in an accident while driving barefoot, your claim could still be affected. For example: 

• If your foot was injured by broken glass or debris, the insurance company could argue that the injury could have been prevented had you been wearing shoes. 
• If you were unable to brake properly due to lack of traction, they may use that as evidence that you contributed to the severity of the accident.  

Have Questions About a Car Accident? Know Your Rights.

Driving barefoot in Florida won’t necessarily get you a ticket, but it could come back to haunt you if you’re in an accident. If an officer or insurance adjuster believes your lack of footwear contributed to the crash, it might affect your ability to get compensated, and under Florida’s negligence laws, that can mean walking away with nothing. 

If you’ve been involved in an accident and aren’t sure where you stand, we’re here to help. At Fine, Farkash & Parlapiano, P.A., our car accident lawyers know how confusing insurance claims and liability laws can be, and we’ll fight to make sure you’re treated fairly. Reach out today for your free consultation–let’s talk about your case and what comes next.  

Sources: 

316.081 Driving on right side of roadway; exceptions. | The Florida Legislature 

316.305 Wireless communications devices; prohibition. | The Florida Legislature 

Frequency of car crashes where drivers hit the gas instead of the brake | CBS News 

Stop Driving in Flip-Flops | AAA 

316.192 Reckless driving. | The Florida Legislature 

Jack Fine

Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.