Is it Legal to Drive Barefoot in Florida?

Do you ever drive without your shoes on? You may be wondering:  Is it illegal to drive barefoot in Florida? The answer is a straightforward ‘no’—there is no state statute that prohibits barefoot driving in Florida. Though, all motorists do have a general responsibility to operate their vehicle in a safe manner at all times. In this article, our Fort Lauderdale car accident lawyer provides a comprehensive guide to the most important things that you need to know about barefoot driving in Florida.

Is it a Myth That Driving Barefoot is Illegal in Florida?

Yes. It is a myth. There is no law that prohibits barefoot driving in Florida. In 2021, ClickOrlando published a report on this very issue. They spoke to a police officer who explained that on the issue of barefoot driving, Florida law “doesn’t address it at all.” In fact, there is no statute in any of the 50 U.S. states that expressly prohibit barefoot driving.

Do We Know How this Common Misconception Started?

It is unclear exactly how the misconception about the legality of barefoot driving got started. The myth about barefoot driving may have arisen because there actually are many laws in place about what you can and cannot do while operating a motor vehicle. For example, it is illegal to wear headphones while driving in Florida and in a number of other states. Nonetheless, it is not against the law to drive while barefoot in Florida. No specific traffic regulations are in place regarding footwear.

Know the Dangers of Barefoot Driving

Though barefoot driving is not illegal does not mean that it is safe. Quite the contrary, highway safety experts generally warn motorists against the risks of barefoot driving. In other words, driving without shoes is legal in Florida, but it is not recommended. Here are some of the notable dangers of barefoot driving:

• It Can Be More Difficult to Operate the Pedals: Many people find that it is actually somewhat more difficult to operate the gas pedal, the brake pedal, and the clutch without shoes on. A lack of shoes could potentially make a crash more likely to happen.

• Reduced Grip Without Shoes: Your bare foot does not have the same level of grip as a well-fitting pair of shoes. As a consequence, your bare foot is more likely to slip off of the pedals. This could increase the risk of an accident.

• Your Foot is Exposed: Even the safest of drivers is still at risk of being involved in a crash. An insurance industry study cited by Fox Business found that the average motorist is involved in four accidents during their life. Should a crash occur, a lack of shoes actually puts your foot at a heightened risk of injury.

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Understanding Reckless Driving Charges Related to Footwear

While barefoot driving is legal in Florida, the state expressly prohibits “reckless driving.” It is possible that footwear (or lack thereof) could contribute to a reckless driving charge. Under Florida law (Florida Statutes § 316.192), reckless driving is a criminal traffic offense that occurs when a person operates an automobile “in willful or wanton disregard for the safety of persons or property.” There is nothing in the reckless driving statute that specifically pertains to footwear. However, there is plenty of “catch-all” language. In other words, Florida police officers can cite a motorist for reckless driving if they believe that the motorist was being extremely unsafe. Footwear could be used to support a reckless driving charge. If you have any specific questions or concerns about reckless driving charges and motor vehicle accident claims, an experienced Fort Lauderdale personal injury lawyer can help to protect your legal rights and financial interests.

Can Lack of Shoes Contribute to a Car Accident?

Yes. Lack of proper footwear—including driving barefoot—can contribute to car crashes for a number of different reasons. Florida Highway Safety and Motor Vehicles (FLHSMV) reports that there were 341,399 motor vehicle confirmed collisions in the state in 2020 alone. These accidents happen for a wide range of different reasons. Some examples of how barefoot driving can contribute to car crashes in Florida include:

• A barefoot struggling to push down the brake pedal fast enough;
• A bare foot slipping off the brake pedal or gas pedal;
• Floorboard hazards (shoes obstructed pedals); and
• Distracted driving (taking off shoes while driving).

Are there Any Benefits Associated With Barefoot Driving?

Some people believe that there are benefits to driving without shoes on. Most often, these people cite comfort and/or their belief that they can better control the pedals without shoes. In Florida, it is your right to drive without shoes on so long as you can do so in a safe manner without putting yourself, other people, or property at undue risk. While a pair of well-fitting, comfortable, and closed-toe shoes is widely considered to be safer than barefoot driving, it is true that barefoot driving is safer than driving with shoes that are difficult to maneuver. As a simple example, imagine that a driver in Florida has the following two options to get home from work:

• Drive barefoot; and
• Drive in a pair of uncomfortable high heels.

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Three Things to Remember if You Decide to Drive Without Shoes in Florida

As explained here, you are well within your right to drive barefoot in Florida. It is not against the law, and you cannot receive a traffic citation simply because you opted to drive without wearing shoes. Though, it is also important to remember that you can always be cited for a more general (and very serious) reckless driving violation if you act with wanton disregard for the health and well-being of others. If you do choose to drive without shoes in Florida, it is important to keep the following three safety tips in mind:

• Keep the Floorboards Clear of Shoes (and Other Debris): First and foremost, it is imperative that you keep the floorboards around the gas pedal and brake pedal clear from any debris, including your shoes. If you are going to drive without shoes, do not leave your shoes on the floor below the driver’s seat. Debris on the driver’s seat floorboard could interfere with your ability to hit the gas pedal or brake pedal. This could cause a crash.

• Do Not Take Off Shoes While Driving: Your footwear needs to be dealt with before you get into the vehicle or while your car is safely parked off the road. Do not take off your shoes while driving—including at a red light or a stop sign. Doing so is considered to be a form of distracted driving. You could be cited for a moving violation and/or you could end up in a serious accident.

• Have Shoes Available in the Car: You may determine that driving without shoes is not as safe as you originally thought. There is no reason to put yourself or others at risk. It is a best practice to keep a pair of shoes within your vehicle. By doing so, you will always be in a position to safely pull over your car and put those shoes on your feet.   

The Best Footwear for Driving

The best practice for choosing your footwear for driving is relatively straightforward: You should opt for a well-fitting, comfortable, closed-toe pair of shoes. The simple reality is that this type of footwear is the safest for driving. Not only will well-fitting, closed-toe shoes make it easier for you to safely operate a motor vehicle, but they will also provide some basic protection for your feet should an accident occur.

Is Wearing Flip Flops While Driving Safe?

Flip flops are a popular form of footwear—especially so in a beach-friendly place like South Florida. Similar to the way that barefoot driving is legal, it is also legal to wear flip flops while driving. That being said, wearing flip flops while driving is generally considered to be unsafe. It is not uncommon for flip flops to contribute to a motor vehicle accident. Some highway safety experts believe that wearing flip flops while driving can actually be riskier than driving while barefoot. The primary cause for concern is that flip flops easily slide on and off of a person’s foot. This can create a number of different potential safety hazards while driving. There have been car accidents reported in Florida in which a person’s flip flops have made it difficult for them to hit the brakes in a timely manner. There have also been crashes in which a driver’s flip flops have caused them to accidentally step down on the gas. The Best Practice: If you want to wear flip flops, it is a good idea to keep an alternative form of footwear in your vehicle if you plan on driving. Doing so can reduce the risk of an accident.  

Why Choose BK Law for Your Car Accident Claim 

Navigating the auto accident claims process is complicated—especially so in a state like Florida which has no-fault car accident laws. At Bernheim Kelley Battista, LLC, we have a proven record of successful results in complex motor vehicle accident claims. Our mission is to help injured victims and their families secure full financial compensation. We always pay close attention to the small details of each case, including things like barefoot driving. When you reach out to our legal team, you will have a chance to consult with a Fort Lauderdale car accident lawyer who can:

• Answer your questions and explain the intricacies of the legal claims process;
• Investigate your motor vehicle collision;
• Prepare your case and handle the legal paperwork; and
• Devise a personalized strategy to help you get justice and full financial support.

Set Up a Free Case Evaluation With an Auto Accident Attorney in Fort Lauderdale

At Bernheim Kelley Battista, LLC, our Fort Lauderdale motor vehicle accident lawyers go above and beyond to fight for real justice and real results for victims and families. If you have any specific questions or concerns about a barefoot driving accident, we can help. Contact us today to set up your free, no-commitment consultation with a top attorney. From our Fort Lauderdale legal office, we represent car accident victims in Broward County and throughout the wider region.