Key Highlights
- An individual or vehicle’s legal authority to enter any intersection, road entry, or crosswalk, for that matter, at the same time as other individuals or vehicles is known as the “Right of Way” or (ROW as an acronym).
- The misunderstanding of ROW laws by drivers in Florida is a contributing factor to the very high number of motor vehicle accidents, insurance claim disputes, plus drivers receiving traffic tickets.
- ROW laws are clearly defined in state law rather than based on common assumptions, like a failure to yield the right-of-way laws could result in both legal liability plus financial responsibility.
- A thorough understanding of ROW laws is essential for the prevention of motor vehicle crashes, as well as for ensuring that your legal rights are protected following a crash.
What Does the Law Say About Right of Way in Florida?
The Right of Way (ROW) has many meanings. However, for drivers in Florida, it’s a requirement from an accident standpoint. In Florida, the law defines the order in which you or a driver has the right of way at an intersection, crosswalk, or when a vehicle enters the roadway. If you do not follow/understand these laws, you could potentially be involved in an accident, receive a traffic citation, and possibly have an insurance dispute.
I, Alex J. Kompothecras, an attorney with extensive experience handling motor vehicle injury cases, regularly see drivers caught off guard after a crash because ROW rules were not properly observed. Even when no one intends to break the law, failing to yield the right of way can be used by insurance companies to argue partial fault or reduce compensation.
The Alpha Law Group is dedicated to educating Florida drivers about their rights at intersection collisions, as well as how these rights will affect their liability for collision-related injuries or damages and how they will be compensated through their automobile insurance policy. Knowing your rights as a Florida driver is essential for protecting yourself from unfair treatment in an accident and for being able to obtain the full amount of compensation you need to recover after a car crash.
What Is Right of Way?
“Right of Way’ refers to the legal right for a vehicle or pedestrian to use the road before other vehicles or pedestrians can use the road and/or have priority to use a lane(s) or to cross an intersection. During traffic accidents, the driver who arrives at the dangerous area 1st has a higher chance of being hit by another vehicle.
- Rule: At uncontrolled intersections, if one vehicle arrives at the intersection before the other, it has priority. However, if two vehicles arrive at the same time, the vehicle to the right has priority.
Right of Way Rules in Florida Traffic
At Intersections
| Situation | Who Has ROW | Notes |
| Uncontrolled intersection | First vehicle to arrive | If simultaneous, the vehicle on the right goes first |
| Stop sign | Vehicle stopping first proceeds | Yield to pedestrians crossing |
| Traffic lights | Green = proceed | Left-turn arrows take precedence when indicated |
| Roundabouts | Vehicles in a roundabout | Entering vehicles yields |
Pedestrian Right of Way
- Pedestrians always maintain the right of way in all Crosswalks.
- Drivers must stop & yield to pedestrians, even when a traffic signal indicates they may move.
Entering a Roadway
- Drivers of vehicles entering from a parking lot, driveway, or side street must yield to all other road users.
- Not yielding to pedestrians is one of the most common ways that Florida accidents occur, and consequently, it is also one of the biggest causes of Florida insurance claims.
Violations and Legal Consequences
Failure to Yield Right of Way Accident
- Can result in tickets, and fines, plus points.
- Often a very key factor in insurance disputes after an accident.
Violation of Right of Way
- May be cited under the legality of the Florida Statutes §316.123 & §316.125.
- Insurance companies may argue for a partial liability if ROW rules were violated.
Insurance Implications
- Accident compensation may be greatly reduced if failure to yield contributed.
- Demonstrating correct ROW usage can help protect your claim.
The use of Comparative Negligence in assessing Fault when determining a Right-of-Way Accident in Florida
Florida allows for comparative negligence to be used to determine fault from several parties when there is an accident. The violation of the right-of-way laws will affect how blame will be apportioned.
If a driver fails to yield:
- A negligent state will be imposed on an accident even when the negligent driver is not charged with being in violation of the ROW.
- Insurance companies frequently cite R.O.W. violations as grounds for limiting their payouts to claims made by the insured.
- If a driver is deemed more than 50 percent at fault in an accident, he/she may be barred from collecting any damages related to the accident.
Regardless, it is possible to alter how liability can be established based on your legal inquiry. Evidence may serve as the basis for proving liability by providing traffic camera footage, eyewitness testimony, vehicle speed information, & cell phone usage records that indicate the other driver’s failure to yield resulted in the initial cause of the accident.
This is why it is essential to have an attorney with a significant amount of experience. Establishing who had the Right of Way or disproving other drivers’ claims of wrongful failure to yield could be the difference between obtaining your full compensation & being denied your claim.
Safest Approach to Any Right of Way Situation
- Never approach an intersection without first determining whether or not it is clear.
- Whenever there are unsafe driving conditions but you have right of way, yield.
- Always maintain a safe speed and prepare to stop unexpectedly.
- Use the principles of defensive driving to avoid becoming liable for the accidents that occur as a result of your actions while driving a motor vehicle.
Case Study: Handling a Right of Way Violation in Florida
By Attorney Alex J. Kompothecras, Alpha Law Group
A driver from Florida got in touch with our firm after an accident that happened when they were driving through an uncontrolled intersection located in Tampa. While the Florida driver was following all traffic laws at the time, another driver had not yielded their right of way and caused the accident. The insurance company representing the at-fault driver said that our client was also partially responsible for the accident, and subsequently, the insurance company disputed the accident and tried to reduce the amount they would pay our client for his injuries.
The goal was to show that this other driver had violated the law regarding right-of-way in Florida and to defend against any unfair allegations made against our client, thus allowing our client to obtain all compensation due him for injuries and damages. We quickly obtained all traffic cam video, rec’d witness statements, and looked at the various patterns at the intersection. The other driver’s actions were examined in relation to the No Touch law in Florida, and it was confirmed that the driver had a phone in their hand just prior to entering the intersection, thus they likely created the conditions that led to the crash.
Result
When we documented the accident caused by the negligent driver in Florida through failure to yield and the driver’s unintentional distraction, we were able to prove that the at-fault driver’s actions establish liability. The insurance carrier recognized the at-fault driver’s liability, and our client received the full amount to cover all medical bills, lost wages, and pain and suffering without having to go through a long period of litigation.
This case illustrates why it is important to understand Florida’s right of way and the no-touch laws. Having access to early evidence and legal assistance can increase the chance that you will receive full compensation after a car accident.
Florida Crash Data Related to Right of Way Violations
- According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2025, yield-related errors accounted for more than 50,000 vehicle crashes resulting in thousands of injury claims.
- The highest number of yield-related crashes is reported from major intersections within Miami-Dade, Orlando, and Tampa.
- Many insurance companies reference violations of ROW in liability cases.
Final Thoughts
The right of way plays an important role in creating a safe environment and providing effective and orderly transportation methods. When drivers do not yield the right-of-way, they are at risk for traffic accidents, receiving traffic tickets or citations, and incurring liability in civil court.
Florida’s No-Touch Law prohibits drivers from using any type of electronic device while operating a vehicle, which also helps to reduce distractions for drivers that contribute to many accidents; instead, it requires drivers to focus on their surroundings.
Knowing and understanding your rights under these laws is key to protecting your driving record, yourself, and your rights as an accident victim. The attorneys at Alpha Law Group have many years of experience prosecuting and defending drivers involved in accidents caused by right-of-way violations and/or distracted driving.
Call (941)-304-1500 today for a free consultation & get clear answers about your options.
Frequently Asked Questions
What is Right of Way in Driving?
The Right of Way in driving refers to a driver’s legal right to proceed in traffic, at an intersection, or while merging into a roadway.
When Should You Yield Your Legal Right-of-Way?
Yield your right-of-way when you merge into a roadway; at an intersection without traffic signals; to pedestrians; and in other situations where your safety is at risk.
Which Side Always Has the Right-of-Way?
The vehicle on the right will proceed first when two vehicles arrive at an intersection at the same time, and no signs indicate where vehicles should go.
What Are the Rules of the Right Way?
The Florida Department of Highway Safety and Motor Vehicles has established various rules that govern traffic control devices within the state of Florida. Motorists in Florida must obey all traffic control devices including: stop signs, yield signs, traffic signals, pedestrian crosswalks, and merge regulations established by law.
What is the Safest Approach to any Right of Way Situations?
Always drive defensively (i.e., be aware). If you are unsure, look both ways for a space that is safe to travel before proceeding, and yield right-of-way to other drivers, even if you technically have it according to the law.
"*" indicates required fields
