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Right of Way Violations and Miami Car Accidents

Whether you just got your driver’s license or have had it for years, there are some rules of the road that are so basic you will never forget. Come to a full stop on red, always use your turn indicator, never pass in a no-passing zone, and other regulations listed in the Florida Driver License Handbook are ingrained in the memories of most motorists. However, there is one source of confusion about one key point in state traffic laws: Right of way – who has it, who does not, and who is at fault when a violation leads to a crash?

The answers to these questions are far from clear, which is why it is critical to retain a Miami car accident lawyer to protect your rights if you were involved in a collision. Some general information can help you understand the basics about right of way and your legal options. 

What “Right of Way” Means

This term refers to situations in which a road user must yield to another individual and allow him or her to have priority in making a traffic maneuver. Florida traffic laws list specific instances where a motorist must give right of way to a pedestrian, bicycle rider, person on a scooter, or anyone else sharing the roadway. Note that people on foot, bike, and other modes of transportation also have obligations to yield in the presence of those driving motorized vehicles. Violations of these right of way rules could lead to a ticket, but failure to yield is also a top cause of auto crashes.

Examples of Right of Way Rules in Florida

Yielding laws are easy at intersections that are controlled by lights and signage, since you simply obey the instructions. Other situations may present a challenge for motorists not familiar with the following right of way laws.

  • When an intersection is not controlled by lights, right of way goes to cars that are already stopped.
  • At a four-way stop or when two vehicles arrive simultaneously, a driver should yield to the right.
  • When encountering a T-intersection, a motorist facing the dead end must give right of way to those traveling on the through street.

It is important to keep in mind how failure to yield laws work in the context of Florida’s contributory negligence law. Even when you have right of way, your rights in a car accident claim could be affected if you were partly to blame in the crash. For instance, speeding through an intersection may reduce your monetary damages even if another driver failed to yield.

Talk to a Miami Car Accidents Attorney About Right of Way Crashes

If you were injured in a collision because of a failure to yield or other negligence, you need experienced legal counsel to help overcome complicated right of way issues and accusations that you were at fault. Our team at Gerson & Schwartz, PA has extensive experience in auto accident claims, so we are prepared to fight for you rights. Please contact our offices in Miami, Fort Lauderdale, or West Palm Beach, FL today to set up a free consultation with one of our lawyers.

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