Drivers have a responsibility to yield the right-of-way to their fellow drivers, pedestrians, and cyclists in specific situations. When they fail in this responsibility, they can cause failure-to-yield accidents that result in severe injuries and even death. Victims of right-of-way accidents often face a complicated recovery process, financial challenges compounded by time away from work, and long-lasting impairments that diminish their quality of life.
If you’ve been injured because someone else failed to yield when you had the right of way, that person could owe you money for your injuries and other losses. Cardoso Law, PLLC, can help you demand it. Reach out today for a free consultation with a car accident lawyer in Florida, and find out what we can do for you.
What Florida Law Has to Say About Who Has Right of Way
State law governs who has the right of way in Florida. Sometimes, traffic signals like stop lights, stop signs, and yield signs set the right-of-way. The rules of the road govern other situations.
So, when it comes to traffic in Florida, who has the right of way? Here are some examples of who has the right of way and who must yield in everyday situations:
- A driver with a green light has the right of way.
- A driver who reaches a four-way stop ahead of other vehicles has the right of way. If two or more drivers arrive at the stop at the same time, each driver yields to the driver to their right.
- At a yield sign, drivers must slow down to an appropriate speed and confirm the coast is clear before proceeding, yielding to drivers not subject to traffic controls.
- A driver attempting a left turn without having a green arrow must yield to oncoming traffic.
- Drivers must always yield to pedestrians in crosswalks.
- Drivers must always yield to pedestrians on sidewalks that separate roadways from parking lots, alleys, driveways, and other places vehicles may need to access.
- Drivers must always yield to emergency vehicles with their sirens on.
- Bicyclists and motorcyclists must abide by the same rules as passenger vehicle drivers.
When drivers don’t follow these rules, the consequences can be devastating. Failure to yield caused 474 fatal accidents on Florida roads in a recent year, according to the Florida Department of Highway Safety and Motor Vehicles. The consequences can be even more catastrophic when truck and bus drivers don’t properly yield the right of way.
Where Are The Most Common Areas For Failure To Yield Right-of-Way Car Accidents In Florida?
Failure to yield accidents most often occur at intersections. Four-way stops present the most risk because these are places where there are more likely to be a larger number of vehicles attempting to pass through. They also require drivers to stop and yield to those who have the right of way, and the unfortunate fact is that many drivers fail in the responsibility they owe to the other drivers and pedestrians around them.
Drivers can also cause accidents when they fail to yield to oncoming traffic while attempting an unprotected left turn on a green light. They may hurry to beat a cluster of oncoming cars but misjudge the distance between them and these other vehicles, potentially resulting in a catastrophic collision.
Another common area where drivers fail to yield is at crosswalks. Drivers attempting both right and left turns may be so focused on making their turn that they fail to notice pedestrians in the crosswalk or believe they can quickly turn in front of them, and an accident occurs. In some cases, drivers will run a stop sign or red light and hit pedestrians who have the right of way.
Who Is At Fault In A Failure To Yield Car Accident?
Determining fault in failure-to-yield accidents may seem straightforward because the driver who failed to follow traffic laws is usually considered liable. However, your attorney will still need to prove that the other driver failed to meet their responsibility to avoid causing an accident, their failure to yield caused your injuries, and you suffered actual losses as a result.
To prove the other driver was at fault, your attorney will look at evidence like the police report, medical records, accident site photographs, surveillance or dash cam footage, vehicle repair records, eyewitness statements, and expert testimony.
A driver in Florida who has the right of way and is hit by another driver who fails to yield will benefit from the support of a skilled attorney who can review the evidence and present a strong case in negotiations or at trial.
Compensation Available in a Florida Car Accident Suit
If another driver failed to yield and hit you, you may be eligible to seek compensation through a car accident lawsuit. An experienced car accident attorney can help you pursue compensation for such losses as:
- Current and future medical expenses
- Property damage
- Lost income
- Diminished earning potential
- Loss of quality of life
- Physical and mental pain and suffering
The amount your attorney pursues will depend on tangible evidence, such as receipts and bills from medical providers, statements from your employer, and car repair records. They’ll also consider the severity of your injuries and your prospects for a complete physical recovery, potentially introducing testimony from medical experts.
Statute of Limitations to File a Car Accident Claim
In Florida, you have two years from the date of the accident to file a personal injury lawsuit and seek compensation for injuries you suffered because another driver failed to obey traffic laws and yield the right-of-way. It’s critical that you contact an attorney as soon as possible following a collision. They’ll need time to gather and review all the evidence and initiate legal proceedings.
Contact Our Pensacola Car Accident Lawyers Today
If you’ve suffered injuries in a car accident because a driver didn’t yield the right-of-way, you may be facing severe physical limitations, high medical bills, and concern about how you can pick up the pieces. At Cardoso Law, PLLC, we fight for accident victims by providing high-quality legal services and honoring our clients with the compassion and commitment to justice they deserve. We’re here to answer your questions, explain your next steps, and fight your legal battle while you heal.
Contact us today to get started with a free consultation.