Key Highlights
- Florida law does not provide a standard monetary value to the right-of-way due to certain legal circumstances defined in Florida Statutes.
- When driving in Florida, the inability to yield right-of-way is among the most common contributing factors to some of the most serious crashes at intersection locations within the entire state.
- Although you followed all of the traffic laws, had the legal right-of-way, and suffered injuries because of the negligent actions of another driver, Florida’s comparative negligence law states that you may share some degree of responsibility for your injuries.
- Most pedestrians will have the right of way; nevertheless, each driver and pedestrian shares a responsibility.
- If a person does not give you your right of way and causes a crash, then you may be able to make a claim for damages caused by the crash.
What is Right of Way? And What Does a Right-of-Way Accident Lawyer Do in Florida?
Drivers in Florida are often unaware of how quickly a right-of-way accident might get complicated. What looks like a clear-cut case might turn into a dispute between the two parties involved when they can’t agree on who had the right of way or how much fault to share. What is the right of way meaning and who has the right of way?
In addition to dealing with the rules of the road, these accidents require evidence, accident reconstruction, and a firm grasp of Florida right of way laws. Incorrect actions taken shortly after an accident (like committing to a recorded statement or delaying the process of hiring an attorney) may jeopardize the outcome of your case.
My name is Alex J. Kompothecras. I am with the Alpha Law Group in Florida, helping people who have been harmed by the negligence of others. I see insurance companies continually trying to shift liability for the injury from the insurance company’s client to the injured party (even if the injured party had no fault), resulting in lost damages to many. Getting involved soon after your accident preserves evidence and gives you a greater likelihood of obtaining full compensation for your losses.
Who Owns Right-of-Way Property?
The land in an area could remain owned by private property owners and/or the government, but others will have access to it.
For example, all of the roads and sidewalks in every city/state are collectively owned and managed by the state/city to ensure that all individuals can get around using these means of transportation (public right-of-way). Private property owners may have allowed others to use their property by providing easements (right of way vs easement).
The primary point is simple: Right-of-way is an access right providing permission to use the land, not a property right, owning the land.
7 Key Florida Right-of-Way Rules
Florida has the following right-of-way law that states who yields to whom in a scenario but not who gets to go first. Therefore, knowing your rights under Florida’s right of way laws can keep you from being involved in a serious accident and give you legal protection. Here are seven key rules you must know about Florida’s Right-of-Way:
1. Four-Way Stops
At a four-way stop, the first car at the intersection has the right-of-way. If there are multiple cars at the stop, then the car on the right has the right-of-way.
2. Two-Way Stops
Two-way stop signs indicate vehicles must yield to all road users when entering them from the two-way stop sign.
3. Pedestrians
When driving in a crosswalk, you must yield to a pedestrian in both marked and unmarked crosswalks. Drivers must be cautious to avoid hitting pedestrians when they cross the road in an improper manner.
4. Left Turns
Drivers turning left must yield to oncoming cars that are going straight and pedestrians that are crossing the road.
5. Emergency Vehicles
When emergency vehicles are approaching with lights and/or sirens, you must pull over and stop.
6. Merging Traffic
Drivers who are driving from a side street into the main road (e.g: exiting from a parking lot) must yield to all cars that are already driving on the road.
7. Inoperative Traffic Signals
If there are no working traffic lights at an intersection, you must stop at the intersection as if it were a 4-way stop, and you must follow the rules for the right-of-way.
In Florida Who Has the Right-of-Way?
The area in Florida where most motor vehicle accidents happen is often referred to as “the intersection of confusion” by different categories of drivers. Florida Statute, Chapter 316, provides guidelines to help drivers determine their respective rights-of-way and the respective rights of other motorists when entering an intersection. The concept of right-of-way is based upon whether a driver is traveling on a one-way or two-way street.
Florida law basics
Motorists in Florida are expected to comply with all traffic laws and regulations. However, the legal right-of-way does not apply uniformly to all motorists in Florida. The specific rules that apply regarding right-of-way depend upon specific circumstances that exist at the time of any given intersection, including (but not limited to) road configuration, traffic control devices being used, and the relative positioning of vehicles on the roadway.
Common real-life scenarios
Real-world examples of common interactions occur at intersections. The first car to arrive at an intersection and come to a full stop has the right of way when there are two cars that arrive at the same time.
In both events, when cars travel towards each other and make a left turn, the left-turning driver must yield to both oncoming traffic and pedestrians before completing the turn, which is among the number one of leading causes of accidents at intersections.
Pedestrians
A pedestrian in a crosswalk must have the right to walk across the street regardless of the traffic light, but a driver must remain cautious and alert to pedestrians in all crosswalks.
Right of Way Rules Every Florida Driver Must Know
Florida drivers should be aware of the following rules regarding different vehicle types and intersections.
Four way intersection right of way rules
Here’s what to do at a Four way intersection:
| Situation | Who Goes First |
| First to stop | First to go |
| Same time arrival | Driver on the right |
| Left turn | Yield to straight traffic |
Roundabouts
All vehicles that are inside the rotary intersection shall have priority over vehicles that are entering. That means you have the right of way when you are inside the circle. All entering vehicles shall yield to vehicles already in the rotary intersection.
Emergency vehicles
If an emergency vehicle is displaying emergency lights, you must pull over to the side of the road and let it pass.
School buses
You must stop when the school bus is stopped, in both directions, unless it is on a divided highway.
What Happens If Someone Violates the Right of Way?
In case a driver fails to yield the right of way in Florida, they are generally considered to be liable for their failure to yield. However, in Florida, liability is not always absolute due to the modified comparative negligence system, where multiple parties may share liability for an accident based upon their actions leading to the accident.
Case Study: Proving Failure to Yield in a Florida Intersection Crash
By Attorney Alex J. Kompothecras, Alpha Law Group
An accident occurred involving a 41-year-old male motorist traveling through an intersection who was struck by another individual turning left in front of him at this intersection (the crash was considered to be a side-impact or T-bone). While the other motorist claimed he had sufficient time to make the left turn prior to the collision, he was partly at fault according to his statement regarding how the cause of the crash occurred (responsibility).
In order to establish the facts of the crash we obtained all relevant traffic camera video evidence, interviewed available witnesses, and reviewed the police report.
Through medical documentation it was established that the 41-year-old has very serious injuries and requires ongoing medical treatment. Through a failure to yield right of way (as proven by way of a reconstructed accident) and, therefore, challenging the reasons provided to us by the defendant’s insurance company, we were able to build an extremely strong case against the defendant for liability.
Result
We evaluated all relevant documents and determined that the defendant’s insurance carrier accepts responsibility for this incident. Our client shalll be reimbursed for their medical expenses, lost wages, ongoing medical treatment, and any damage that occurred due to this accident. This means that our client no longer has to worry about being financially secure in order to be able to afford necessary medical treatment after this incident occurs.
How Alpha Law Group Helps You
Alpha Law Group understands, firsthand, the confusion that often surrounds right-of-way cases, particularly when insurance companies attempt to pass blame on to you.
Our approach includes:
- Conducting a thorough investigation of the accident.
- Recreating the events of the accident.
- Determining who was responsible for the violation of the right-of-way laws.
- Communicating with the insurance companies on your behalf.
Get Help After a Right-of-Way Accident in Florida
A right-of-way accident is often the start of a lengthy number of legal issues, including liability, insurance practices, and monetary recovery. To best protect your rights, preserve important evidence, and ensure that you receive the proper compensation for medical expenses, lost wages, and any lasting effects from these types of accidents, you should act quickly.
At Alpha Law Group, we represent individuals throughout Florida who suffered injuries in failure to yield and intersectional accident cases. An experienced attorney can be extremely beneficial to the successful resolution of your case.
Call (941)-304-1500 for a free consultation and receive knowledgeable and truthful information about your options.
Frequently Asked Questions
Who legally always has the right-of-way in traffic in Florida?
No one has the absolute right-of-way; individuals may yield based upon the circumstances of their operations, such as traffic control devices, conditions of the roadway(s), and the position of the vehicles.
Do pedestrians always have the right of way?
Pedestrians nearly always have the right of way when in a crosswalk, but they must obey signals, and if a pedestrian does have the right of way and there is a collision between a vehicle and pedestrian, it is still up to the driver to be cautious and try to avoid the crash.
In Florida who has the right of way at an intersection?
At intersections, the vehicle that comes to a stop first gets to go first. If two drivers stop together, then the driver to the right has priority, and left-turning drivers must yield.
Who has the right of way in a traffic circle?
In Florida everyone has the right of way when in a traffic circle. The vehicles that are already in it have priority over the vehicles entering it. Vehicles entering the circle must allow other vehicles in it to go first until there is a safe gap for them to join in.
Do pedestrians have the right of way in Florida?
Pedestrians have the right-of-way in both marked and unmarked crosswalks; however, pedestrians are responsible for obeying traffic signals and not stepping into harm’s way.
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