Who Is at Fault in a Right Turn Accident?

Traffic laws exist to keep motorists, passengers, and pedestrians safe, and to ensure that everyone gets to their destination without incident. As a driver, you are responsible for knowing these laws and conducting yourself responsibly when driving. Sometimes, despite best efforts, accidents do happen and there are many situations where determining fault and cause are complex.

This is often the case where an accident occurs due to a misunderstanding or misjudgment about right-of-way, such as entering traffic while making a right turn. If you have been in an accident in Florida involving a right turn or similar right of way violation, it can be a confusing and stressful time.

The following information will give you a better understanding of the laws in Florida surrounding these types of car accidents and how an attorney can help you achieve the best possible outcome for your unique case.

What is a right turn accident?

With a right turn accident, the collision is caused by a vehicle making a right turn entering traffic or at an intersection. In general, oncoming traffic has the right of way and vehicles entering traffic are required to yield until there is enough room to safely enter traffic. A right turn accident can occur for a number of reasons:

• The motorist entering traffic misjudged the speed of an oncoming vehicle or the oncoming vehicle was over the speed limit
• The motorist entering traffic was distracted, such as from texting or talking to a passenger
• A vehicle in the oncoming traffic flow suddenly swerved in the lane or changed lanes without signaling
• If the right turn accident was at an intersection, it could have been due to failure to observe a traffic signaling device such as a stop sign, yield sign, or stoplight

There are a number of factors that can lead to an accident, which is why it is so important to thoroughly document the accident as soon as it happens. You should also notify law enforcement and your insurance immediately in the event of an accident. Determining the facts of the case as they relate to traffic laws as soon as possible is critical to ensuring all motorists are treated fairly and get the compensation and medical attention they require.

How Right of Way and Fault is Determined in Florida

In Florida, state uniform traffic control laws are covered under Chapter 316 of the Florida Statutes. Right of way is determined by traffic control devices, or if there is not one, by the driver determining there is no immediate hazard when entering traffic. According to statute 316.123, drivers must come to a full stop before entering traffic, either at the line indicated or with a clear view of oncoming traffic.

If a driver makes a right turn at an intersection or other entry point to traffic without stopping and collides with a vehicle or pedestrian, it is typically seen as failure to yield the right of way. Additionally, if the driver does stop, but misjudges the speed of oncoming traffic or does not see an oncoming vehicle, it is also judged as a failure to properly yield.

As a no-fault state, Florida has laws that ensure anyone receives medical care through personal injury protection insurance. If you were injured as the result of an accident, it is important to fully document the accident and seek immediate medical care. No matter who or what is determined to be the cause of the accident, your long-term health should always be a priority.

Even in a no-fault state, police at the scene can still determine fault and issue a ticket or citation at the scene of the accident. This determination can have an impact on your insurance claim and potential awarding of benefits. You should also understand that police have strict rules and guidelines to follow in these circumstances, and there can be a very wide range of mitigating circumstances in any case. Differing eyewitness testimony, poorly marked or mismarked signs, and the behavior of the other driver can all have an impact on the case and who is at fault from both a legal and insurance claim standpoint.

Get the Right Representation for Your Right Turn Accident Case

Determining fault in any car accident depends on a number of specific factors. If you have been in an accident involving any potential right of way violation, such as a right turn, it’s important to seek out an attorney as soon as possible. Qualified legal representation can thoroughly investigate the facts of your case to ensure that you are being treated fairly under the law and by insurance companies.

Don’t accept any settlement or charge before speaking with the experienced attorneys at Hartpence Law. We have the knowledge and resources to represent you through each phase of your case, from the immediate aftermath of your accident to settlement and trial, if necessary. To learn more and schedule a free consultation, contact us online or call us at (855) 680-4911.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.