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Right-Of-Way Accidents

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Although car accidents in Florida occur for a variety of reasons, they are often the result of negligence. Failing to yield the right-of-way is one example of the type of negligence that can cause a serious car accident. Because it is so dangerous, drivers should be sure to familiarize themselves with Florida’s laws on how and when to properly yield the right-of-way. Doing so can also help drivers more easily recognize when their own Florida car accident was the result of someone else’s failure to abide by these laws. For help determining whether you have grounds to file a claim with the at-fault driver who caused your own crash, please call an experienced Fort Lauderdale auto accident lawyer.

Florida Law and the Right-of-Way

In Florida, a driver has the right-of-way when he or she has the legal right to proceed. Florida’s right-of-way laws require drivers to stop at clearly marked lines when approaching intersections with stop signs. After stopping, it is the driver who arrives at the stop sign first who has the right-of-way to proceed, unless both drivers arrive at the same time, in which case, it is the driver on the right who has the right-of-way. If, on the other hand, an intersection only has two stop signs, then it is the vehicle on the side with no sign that has the right-of-way and can proceed without stopping, unless a pedestrian is present. When there is no stop sign at an intersection, but there is a crosswalk, then the motorist must stop before entering the crosswalk at the intersection’s near side. Finally, if there is a pedestrian at an intersection, then it is the pedestrian who has the right-of-way, which means that the motorist must wait until that person has safely crossed.

Examples of Failing to Yield the Right-of-Way

There are a few examples of failing to yield the right-of-way that tend to occur more often than most. At a four-way stop, for instance, a driver may proceed through the intersection despite the fact that another car arrived and stopped at a different stop sign beforehand. Driving through a crosswalk despite the presence of a pedestrian who is using or even approaching the crosswalk is another example of failing to yield the right-of-way. Other examples include:

  • Two drivers arriving at an intersection at the same time, but the driver on the left fails to allow the other driver to proceed first;
  • A driver is turning left at an intersection or onto a private road, but fails to yield to approaching traffic;
  • A driver doesn’t yield to oncoming traffic when entering a public road with no traffic device; and
  • A driver fails to slow down when approaching a yield sign.

Drivers who commit these kinds of violations can be issued traffic citations. Furthermore, evidence of a failure to properly yield the right-of-way can prove crucial in demonstrating fault for an accident.

Schedule a Free Case Review

At Boone & Davis, our Florida car accident firm is dedicated to helping our clients obtain compensation for their collision-related losses. For a free review of your own case, please call our office at 954-566-9919 today.

Resource:

flsenate.gov/Laws/Statutes/2011/0316.123

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