If you or a family member has just been involved in a car accident, it's completely normal to feel confused about who is at fault and uncertain about the next steps to take. Left-turn accidents are a common occurrence in Florida, contributing significantly to intersection collisions, as reported by the Florida Department of Highway Safety and Motor Vehicles. This type of accident frequently results in serious injuries, which is why determining fault after the accident is critical.
This article aims to provide clarity and support by answering the most common questions about determining fault for left-turn accidents in Florida. We'll explore and break down right-of-way laws, exceptions to typical fault assumptions, and how Florida's recently updated comparative negligence law might impact your situation. Our goal is to empower you with the knowledge you need to navigate the aftermath of your accident confidently and ensure your rights are protected every step of the way.
How Is Fault Determined in Florida Left Turn Accidents?
In Florida, traffic laws require drivers making a left turn to yield the right-of-way to oncoming traffic. This means that if you're turning left at an intersection, you must wait until it's safe to proceed without interfering with vehicles approaching from the opposite direction. The primary goal of this law is to prevent collisions and ensure the safety of all road users.
When Is the Left-Turning Driver at Fault?
Typically, the driver making the left turn is found at fault in an accident. This is because they have a legal obligation to yield to oncoming traffic. Common situations where the left-turning driver may be held responsible include:
- Failing to Yield: Proceeding with the turn without a clear and safe gap in oncoming traffic.
- Disregarding Traffic Signals: Turning left on a red light or ignoring traffic signs.
- Misjudging Speed: Underestimating the speed of oncoming vehicles, leading to a collision.
If you have questions about determining fault after your accident, we highly recommend that you consult with a Florida car accident lawyer who can discuss the specifics of your accident and offer you legal guidance.
What Are the Exceptions to Left-Turn Fault in Florida Accidents?
While the left-turning driver is typically presumed at fault, several exceptions can shift liability to the other driver or result in shared fault:
Oncoming Driver Running a Red Light or Stop Sign
If the oncoming driver disregards traffic signals or stop signs and proceeds unlawfully through the intersection, they may be held responsible for the accident. In such cases, the left-turning driver had the right of way, and the oncoming driver's negligence led to the collision.
Excessive Speeding by the Oncoming Driver
An oncoming driver traveling significantly over the speed limit can reduce the left-turning driver's ability to judge a safe gap in traffic. If it can be proven that the oncoming vehicle was speeding excessively, liability may shift partially or entirely to that driver.
Impaired or Distracted Driving
If the oncoming driver is under the influence of alcohol or drugs or is distracted by texting, eating, or other activities, they may be considered negligent. Their impaired reaction time or inattention can contribute to the accident, affecting fault determination.
Mechanical Failure or Sudden Medical Emergency
In rare cases, if the oncoming driver experiences a sudden mechanical failure or a medical emergency (like a heart attack or seizure) that leads to loss of vehicle control, they may be found at fault, depending on the circumstances and whether negligence can be established.
Failure to Use Headlights at Night or in Poor Visibility
If the oncoming driver fails to use headlights during low-light conditions, making their vehicle less visible, they may share fault. The left-turning driver might not have seen the oncoming car due to this negligence.
Improper Lane Usage
An oncoming driver who changes lanes unexpectedly or drives in the wrong lane can cause confusion and accidents. If they are not in the correct lane for through traffic, they may be held responsible for the collision.
Illegal Passing
If the oncoming driver is illegally passing another vehicle, especially in an intersection or a no-passing zone, they may be found at fault for the accident.
If you have questions about determining fault after your accident, we highly recommend that you consult with a FL car accident lawyer who can discuss the specifics of your accident and offer you legal guidance.
Can Both Drivers Share Fault in a Florida Left Turn Accident?
As of March 2023, Florida adopted a modified comparative negligence system with a 51% bar rule. This change means that if a party is found to be more than 50% at fault for an accident, they cannot recover any damages from the other party. If they are 50% or less at fault, they can recover damages reduced by their percentage of fault.
For example, if you are found to be 30% at fault for an accident, you can recover 70% of the total damages. However, if you are found to be 51% or more at fault, you cannot recover any compensation.
This means that in any motor vehicle accident, including left-turn collisions, fault can be divided between the parties involved based on their percentage of responsibility. Even if you are partially at fault, you can still recover damages; however, your compensation will be reduced by your share of the fault.
Proving Fault and Protecting Your Rights
To navigate the complexities of fault determination and to ensure that your rights are protected, it is important to do the following after being involved in a Florida car accident:
- Gather Evidence: Collect photographs, witness statements, and police reports to support your case.
- Consult an Attorney: Consulting with a personal injury lawyer in Florida can help you understand your rights and the potential impact of comparative negligence on your claim.
- Act Promptly: Timely action is essential for preserving evidence and meeting legal deadlines.
Need Help After a Car Accident in Florida? Brandon J. Broderick Will Stand by Your Side Through Every Step of Your Recovery
After a car accident, the path to healing can feel very stressful and uncertain. The team at Brandon J. Broderick, Attorney at Law, understands the physical pain and emotional turmoil you may be experiencing. We're here to offer support, listen to your concerns, and guide you through every step of the legal process to help you recover as quickly as possible.
You don't have to face this difficult time by yourself. Our dedicated team is committed to standing by your side, advocating for your rights, and helping you secure the compensation you deserve. Let us be your ally during this challenging time. Contact us today for a free legal consultation. We are available for you day or night.