How Does the Right-of-Way Work in a Florida Car Accident?

Pedestrians passing at a crosswalk from drivers view

Intersections are common hotspots for accidents. According to Florida right-of-way laws, drivers approaching an intersection must yield to any vehicle already in the intersection and pedestrians crossing the street. You should only proceed once the road is clear, ensuring everyone’s safety. 

In Florida, right-of-way laws dictate who has the legal responsibility to yield in various traffic scenarios. Whether you’re driving through a busy intersection, a pedestrian crossing, or a four-way stop, understanding who has the right-of-way is essential for preventing accidents and figuring out who caused the crash when one occurs.

What Are the Right-of-Way Laws for Motor Vehicles in Florida?

Florida right-of-way laws are straightforward: drivers must yield to avoid collisions. For instance, at an intersection controlled by stop signs, the vehicle that stops first has the right-of-way. If two vehicles arrive at an intersection at the same time, the car on the left must yield to the one on the right. At intersections without signage, drivers must yield to vehicles already in the intersection or approaching from the right.

Right-of-way rules also extend to scenarios involving turns. For example, when turning left, drivers must yield to oncoming traffic. Similarly, drivers entering a highway from a ramp must yield to traffic already on the highway.

Understanding these rules helps prevent collisions. But when someone violates them, determining fault is easier. Failing to yield can lead to significant accidents, and the driver who didn’t yield may be held legally responsible.

What Are Florida’s Pedestrian Right-of-Way Laws?

Pedestrian right-of-way laws are just as critical as those for drivers. In Florida, pedestrians have the right-of-way at marked crosswalks and intersections, regardless of whether there are traffic signals or signs. They must follow traffic signals when present, though. Drivers must yield to pedestrians crossing the road in these designated areas to ensure their safety.

However, pedestrians are not allowed to suddenly step off a curb or sidewalk into the path of an oncoming vehicle that’s so close the driver won’t have time to stop. Pedestrians must also yield to traffic already on the road when they use a crosswalk, whether it’s marked or unmarked.

While pedestrians are expected to follow traffic signals and remain aware of their surroundings, drivers are responsible for exercising caution – especially in areas with high foot traffic, such as intersections or school zones. The law specifically states that every driver must exercise due care not to hit a pedestrian or someone riding a “human-powered vehicle.”

If a driver does not yield, they likely bear fault for striking a pedestrian. Regardless of the circumstances, it is critical that drivers stay vigilant to ensure pedestrian safety.

Why Are Right-of-Way Laws So Important in Car Accident Cases?

Right-of-way laws play a crucial role in determining fault in car accidents. These rules provide clear guidelines on which driver must yield. Violating those laws often serves as strong evidence of fault. Insurance companies and courts rely heavily on these laws to determine who is responsible for covering damages.

It is also possible that more than one party could be responsible for a crash. If one driver fails to yield and causes an accident, they will likely be at fault. However, they could share the blame if the other driver contributed to the crash by speeding or running a red light.

When more than one party is at fault for a collision in Florida, the state’s comparative fault law comes into play. An injured person can still pursue compensation from the other at-fault party as long as they were not more than 50 percent at fault for the collision. However, their compensation will be reduced by their percentage of fault. Whether either party violated the state’s right-of-way laws can shed light on the percentage of fault each driver has for the crash.

Car crashes in intersection.

What Types of Accidents May Happen Due to Not Yielding the Right-of-Way?

Failing to yield the right-of-way can result in various serious accidents, many of which are preventable with proper caution. Some of the most common types of collisions caused by a failure to yield include:

  • Intersection accidents – Car wrecks often occur when a driver runs a red light, ignores a stop sign, or fails to yield at an uncontrolled intersection. When drivers do not yield to vehicles already in the intersection, the result can be dangerous collisions that often involve multiple vehicles.
  • T-bone collisions – Also known as side-impact crashes, T-bone collisions happen when a driver fails to yield and hits a car appropriately crossing through the intersection. These types of accidents can be particularly severe, as the sides of vehicles offer less protection than the front or rear. Failing to yield in this situation often results in devastating injuries.
  • Pedestrian accidents Pedestrians are particularly vulnerable in traffic. When drivers fail to yield the right-of-way at crosswalks or intersections, the results can be catastrophic. Even at low speeds, vehicles can cause serious injuries or fatalities to pedestrians. Drivers must be vigilant, especially in pedestrian-heavy areas such as school zones and urban crosswalks, where the law requires yielding.
  • Side-swipe collisions – Side-swipe collisions typically occur when a driver fails to yield while merging onto highways or changes lanes without yielding to the traffic already on the road. Failing to yield can cause vehicles to collide, resulting in severe injuries or even fatalities.

Following right-of-way laws helps prevent accidents. When someone doesn’t obey those laws, their failure to yield the right-of-way can help determine fault when a crash occurs. All drivers must understand and adhere to Florida’s right-of-way regulations to keep the roads safer for everyone.

Contact a Florida Car Accident Lawyer

If you’ve been injured in a collision because someone failed to yield the right-of-way, an experienced Florida car accident lawyer can determine who was at fault in your case.

At Zervos & Calta, PLLC, our team of caring and determined attorneys is dedicated to helping accident victims pursue the compensation they deserve. We have over 50 years of combined legal experience and have recovered millions for injury victims, including $3 million for a motor vehicle accident. Our clients say, “They keep you in the loop every step of the way and make you feel like you are their only client.”

We offer a free case review in which we assess your case and explain your legal options. Contact us today to get started.

Visit Our Florida Car Accident Law Offices

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.