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A few simple rules help people stay safe on the roads, and right-of-way laws in Florida indicate when pedestrians and drivers should give way to other road users. At the same time, everyone is required to do everything they can to avoid accidents, even when they do have the right of way.
All the same, someone who does not obey the rules of the road is either reckless or negligent. When car accidents are investigated, either of these will contribute to being at fault. In liability deliberations, failing to yield right of way is likely to lead to a finding of shared fault at the very least.
If you would like to look at all the Florida right-of-way laws, you will find most of them in Chapter 316 of Florida’s statutes. If you search them online, you will find that each of them is listed separately. For example, Chapter 316, Section 125 explains right-of-way for vehicles entering a road or highway.
Other sections explain right-of-way in situations like:
In general, failing to observe right-of-way laws is a noncriminal moving violation. If drivers are caught, they will receive a simple traffic fine. Most of us have a fair idea of who has right of way in which circumstances, but there are some interesting nuances that many people are not aware of.
Chances are, many of Florida’s right-of-way laws are second nature to you. For example, you know that you must yield to oncoming traffic when making a left turn. Test your knowledge of lesser-known right-of-way rules with these examples:
If you have ever wondered what to do if you arrive at a four-way stop at exactly the same time as another vehicle, you are not alone. The rule is that the driver on the left must give way to the driver on the right. All the same, do not just take a leap of faith assuming the other driver knows what to do. They may think they arrived first, and that would give them the right of way.
It can be frustrating when a pedestrian steps into the road in front of your car at a stop sign, especially if you were about to drive on. However, the pedestrian does have the right of way, so resist the urge to honk your horn at them.
Roundabouts can be confusing, and you must be extra alert, especially when they are small and cars are constantly flowing on and off them. The basic rule is that any vehicle already on the roundabout has the right of way over vehicles attempting to enter it. When roundabouts have two or more lanes going in your direction, be very careful when changing lanes.
If you thought you would not be pulled over for a moving violation when riding a bicycle, think again. In Florida law, a bicycle is a vehicle like any other, and cyclists must obey traffic laws. In theory, at least, you can get a fine for violations like crossing an intersection when a traffic light is red. In addition, serious accidents can happen in the blink of an eye. Do not get caught in a situation where you would be considered at fault.
Many people do not know that funeral processions have right of way even if traffic signals indicate that not all the cars in the procession do. The rule is that the lead car must obey traffic signals. All the other cars in the procession may then follow. So, if they are crossing an intersection with a traffic light and the light changes to red, they can keep going.
You may wonder why right-of-way laws in Florida are still considered in car accidents. Since it is a no-fault state, people who are injured in accidents simply claim from their Personal Injury Protection (PIP) insurance. Their claim is processed without any real need to determine fault.
Despite this, there are times when determining fault is important. For example, if a person is severely injured or permanently disabled in a car accident, they may still qualify for compensation from an at-fault driver. They may even be entitled to compensation if they did not have the right of way.
Right of way becomes particularly important in accidents when someone is badly hurt. Right-of-way laws in Florida are used to determine negligence, but the situation is not always black-and-white. That’s because of Florida’s new comparative negligence laws.
The short version is that you can only claim compensation for injuries if you are less than 50 percent to blame for the accident. To illustrate this, let us suppose you failed to give way to a vehicle when making a left turn. Another car crashed into you, and you are severely injured. Your left turn may not automatically disqualify you from claiming compensation.
In our example, let us imagine that the driver of the other car was texting while driving, speeding, and driving drunk. Even though it can be said that you contributed to the accident, you may still be eligible for a settlement. A personal injury lawyer in St. Petersburg, Florida can advise you.
See a doctor regardless of what caused your accident or whether you think you will be OK. Some very serious injuries are not obvious right away. Do call your insurance company to let them know you have been in an accident. You do not have to know every detail, such as the cost of your treatment when you call, but you should let them know. If it becomes clear that you or one of your family members has been seriously injured, get in touch with a St. Petersburg auto accident lawyer. They can confirm whether there is a chance of getting extra compensation that may help you. For more information about your legal rights and options, contact our law firm for a free consultation.