There are many factors that determine who is at fault for a car accident. One of these factors is right of way, which dictates who should proceed first at intersections, pedestrian crossings, and other traffic scenarios.
For example, in Florida, you must yield to traffic already on the road when merging onto a highway. Should you fail to, and a collision occurs as a result, you may be found liable for the accident.
Violations of right of way can impact car accident lawsuits in how fault is attributed, and the amount of compensation you or the other driver qualify for. This article offers insight into how right of way can affect your car accident case.
If you have been involved in a right of way car accident, our experienced car accident attorneys at Werner, Hoffman, Greig & Garcia can help you deal with insurance or represent you in court if needed. Schedule a free consultation by calling (800) 320-HELP or submitting this online contact form.
What is Right of Way?
Right of way is a set of rules that determine which vehicle, cyclist, or pedestrian has the priority to proceed in different traffic situations. It is typically governed by traffic lights, yield signs, and road markings, or it can be dictated by specific rules, such as those for four-way stops or uncontrolled intersections.
Failure to yield to the right of way can cause accidents, and this failure is considered negligence in personal injury law.
Common Right of Way Scenarios
Although right of way rules may differ slightly from one state to another, some of the most common right of way scenarios include:
Controlled and Uncontrolled Intersections: Accidents frequently occur at intersections, especially uncontrolled intersections, where determining the right of way can be challenging. At four-way stops, the first vehicle to arrive generally has the right of way.
Pedestrian Crossings: Pedestrians have the right of way at marked crosswalks. Most pedestrian accidents involve a violation of this right. However, pedestrians have to yield to other drivers’ right of way when crossing the road elsewhere besides a marked crosswalk.
Merging Lanes and Highway Entry: When merging or entering a highway, vehicles already on the main road typically have the right of way. Drivers entering the highway must ensure safe and smooth integration without disrupting traffic flow.
Roundabouts and Traffic Circles: In these settings, vehicles circulating within the roundabout usually have the right of way. Drivers entering must yield until a safe opportunity to merge arises.
Emergency vehicles: According to Florida traffic laws, drivers are required to give the right of way to emergency response vehicles such as ambulances and fire trucks.
How Right of Way Violations Can Occur
A Florida right of way violation can occur in many ways, including these scenarios:
- Running a Red Light: A driver speeds through an intersection despite the traffic light being red, failing to yield to other drivers with a green light.
- Crosswalk Neglect: A driver turns right at an intersection without stopping for oncoming pedestrians crossing the street in a marked crosswalk.
- Left Turn Across Traffic: A driver makes a left turn at an intersection without waiting for oncoming traffic to pass, cutting off vehicles with the right of way.
- Ignoring a Stop Sign: A driver doesn’t wait at a stop sign before proceeding or fails to observe the rules about who goes first at a four-way stop.
- Entering a Busy Roundabout: A driver enters a roundabout without waiting for a gap, forcing vehicles already in the roundabout to brake suddenly.
- Careless Merging: Merging onto a highway without adjusting speed or checking blind spots for other drivers, cutting off vehicles already in the lane.
- Ignoring Emergency Vehicles: A driver continues driving without pulling over when an ambulance approaches with flashing lights and sirens, obstructing its path.
Legal Implications of Right of Way
Observing right of way laws is crucial for ensuring road safety. Drivers who fail to yield when required can face legal consequences, including fines, points on their driving record, suspension of license, or being held liable to compensate other parties in an accident.
In car accident lawsuits, violations of right-of-way can substantially influence the determination of fault. If a driver is found to have disregarded the right-of-way rules, they may be held responsible for the accident. This can significantly impact the outcome of any legal proceedings or insurance claims.
How Right of Way Can Impact Car Accident Lawsuits
If you have been involved in a right of way car accident, you may be wondering how this may affect your claim in terms of assigning fault or determining compensation. Often, the driver who violated the right of way may be liable for negligence. The court could order them to pay damages for any injuries or losses you suffered.
To prove your claim, you must establish that the other driver’s failure to comply is what caused the accident.
Does Right of Way Automatically Determine Fault?
No. While right of way is a crucial factor in determining fault in car accidents, it doesn’t automatically assign absolute fault on the party that failed to yield.
Establishing fault in a right of way accident lawsuit involves a detailed examination of the accident’s circumstances. This includes road conditions, driver actions, and available evidence like witness accounts and traffic footage.
Additionally, other traffic laws and potential contributory negligence by both parties are considered. Contributory negligence arises where, besides the driver at fault for violating right of way, you may have also contributed to the accident.
Shared Fault in Right of Way Accidents
As already stated, several factors may have contributed to the accident. For example, the at-fault driver may claim you were speeding or driving recklessly at the time of the accident. In cases where both you and the other driver contributed to the accident, you share fault.
In Florida, the law recognizes comparative negligence. That means that each contributing party will bear a percentage of the fault. Therefore, you can claim damages even where you’re partially at fault as long as you are less than 50% responsible.
The amount of compensation you qualify for will then be reduced based on your percentage of fault for the accident. For instance, if the other driver is deemed 70% responsible for not yielding at a stop sign and you are found 30% responsible for speeding, your compensation may be reduced by 30%.
How Do I Prove the Other Driver’s Fault?
To establish your claim, you need to prove that the other driver had a duty to yield but failed to. Then, you must show this caused the accident, which would not have happened had they yielded. For compensation to be justified, you must have suffered injury as a result of the accident.
Types of Evidence You Can Use to Show a Right of Way Violation
To effectively support your case in a car accident lawsuit, gathering substantive evidence is vital. This includes:
- Obtaining police reports for an unbiased record of the event and any traffic violations.
- Witness statements, which are useful to confirm your account with additional perspectives.
- Photos and videos, including dashcam or traffic camera footage, can help you further support your account of how the accident happened and the damage caused.
- Medical records are necessary to highlight how serious your injuries are and to support claims for medical costs.
- Accident reconstruction experts can provide detailed analyses to clarify who was at fault. Together, this evidence can greatly strengthen your case and improve your chances of receiving fair compensation.
A skilled car accident lawyer can help identify and obtain the relevant evidence you need to build a strong case.
Schedule a Free Consultation With WHG’s Knowledgeable Car Accident Attorneys
Dealing with a car accident and the legal battles that follow can be draining. WHG is here to remind you that you do not have to go through it alone. Our dedicated car accident attorneys have extensive experience in handling diverse types of car accident cases.
Let us manage your car accident claim. We will gather evidence, file all necessary paperwork, negotiate with the insurance companies, and represent you aggressively in court.
Call us at (800) 320-HELP or submit this online contact form to discuss your options. We operate on a contingency fee basis, so you only pay us if we win your case.
Frequently Asked Questions
Do I need a lawyer for my right-of-way car accident lawsuit?
Deciding whether to hire a lawyer for a right of way car accident lawsuit depends on your case’s complexity. If there are significant injuries or disputes over fault, legal representation ensures you go through the personal injury claims processes with ease.
Additionally, it helps ensure that your legal right to seek compensation is well protected. Check out our guide on how to find the best car accident lawyer near you.
How long do I have to file a claim after an accident?
Generally, you have two years from the accident date to file a Florida personal injury claim or property damage claim. It’s crucial to be aware of these deadlines. Failing to file within the statutory period may result in losing the right to pursue compensation.
What compensation am I entitled to after a car accident?
If you suffered injuries or loss in a car accident, you may be entitled to various forms of compensation. This will depend on the circumstances of your case. Your settlement may include coverage for medical expenses, property damage, lost wages, and pain and suffering.
It’s crucial to consult with an auto accident lawyer to fully understand the specific types of compensation you qualify for.
