Left-Turn Accidents And Why Fault Isn’t Always Clear-Cut In Florida
Collisions when a driver is engaged in a left turn are among the most common types of vehicle accident in Florida, especially in busy urban areas like Miami. Many people assume that the driver making the left turn is automatically at fault. Yet while left-turning drivers are often found responsible, fault is not always cut and dry.
You may need to understand left-turn accident exceptions in order to fully be compensated. Connect with a Miami personal injury lawyer to have your questions addressed, doing so could make a significant difference in your injury claim.
Florida’s Law on Left Turns
Under a Florida statute, a driver intending to make a left turn must yield the right of way to all oncoming vehicles, particularly when a vehicle is close enough to constitute an immediate hazard. This law is why the left-turning driver is frequently considered at fault, because if a collision occurs, it often indicates they failed to yield.
Yet there are situations where the oncoming driver may share responsibility or even be the primary cause of the crash. For example, if the oncoming vehicle was speeding, ran a red light, or was distracted at the time of the collision, that driver’s actions could reduce or eliminate the left-turning driver’s liability.
In a recent FL case, the Florida Supreme Court emphasized that each left-turn accident must be evaluated based on the specific facts of the case. This is due to the fact that once the details of the case were reviewed, the court found that the presumption could be rebutted if there was evidence suggesting the oncoming driver was partially or fully responsible.
Similarly, in another dispute a court ruled that the negligence of the oncoming driver (who was traveling at an excessive speed) was a valid issue for a jury to consider in determining comparative fault. These cases show that a left-turning driver is not automatically liable, especially if there is evidence that the other driver contributed to the accident.
Comparative Fault and Compensation
Florida follows a modified comparative fault system. As of March 2023, if you are found to be more than 50% at fault, you cannot recover damages. This makes it essential to thoroughly investigate the facts of a left-turn collision, including speed, traffic signals, witness accounts, and any available surveillance footage.
It is important to talk to a legal professional before making assumptions about fault. Insurance companies often rely on generalizations to deny or undervalue claims. A skilled Miami personal injury lawyer can analyze accident reports, traffic data, and medical records, and may work with accident reconstruction experts to prove that the other party shares responsibility.
In a city like Miami, where traffic is fast-paced and unpredictable, fault in a left-turn accident isn’t always black and white. Get the legal guidance you need to protect your rights and pursue the compensation you deserve.
Do you have liability questions following a left-turn accident? Have a conversation with the lawyers at Spencer Morgan Law. Call 305-423-3800 to book a confidential consultation.