How Does Florida Right-of-Way Work in Accidents?

Florida’s right of way laws require any driver to yield the right of way to a vehicle or pedestrian that is already in the intersection.

The right-of-way laws are in place to ensure that whoever reaches the intersection first can safely proceed and that accidents can be avoided. You must make sure that the area is clear before you continue driving. If there is a yield sign present, you must slow down and yield the right of way to vehicles that want to cross by your vehicle. Drivers must always be completely alert and aware of their surroundings to ensure that everyone can safely proceed.

How Does Right-of-Way Work in Florida?

There are different criteria for right-of-way in Florida based on the presence of traffic lights, stop signs and intersections. It’s important to know all aspects of state law, including right-of-way at stop signs, right-of-way at turns, right-of-way at roundabouts, right-of-way at open intersections, right-of-way for pedestrians, right of way for school buses, right-of-way for public transit vehicles, right-of-way for bicycles, right-of-way for emergency vehicles, right-of-way at railroad crossings and right-of-way in school zones.

Right-of-Way at Stop Signs

Under Florida law, all drivers must stop at stop signs. If there is a four-way stop sign intersection, the first vehicle to stop always has the right-of-way to continue driving first. However, when two or more vehicles approach the intersection at the same time, the vehicle on the left must allow the vehicle on the right to have the right-of-way first.

Right of Way at Turns

In Florida, if two vehicles are poised to make turns in the same direction, they can both proceed. If one vehicle is making a turn and another aims to continue straight ahead, the driver going straight has the right-of-way while the one planning to make a turn must yield to them. In a situation involving a red light for vehicles going straight where those making a turn have the green turn arrow light, the cars making a turn have the right-of-way while those proceeding straight must wait until they have the green light.

Right-of-Way at Roundabouts

If a driver is already in a roundabout, they have the right-of-way over those who are just entering. However, if there are no vehicles in the roundabout, it’s safe to proceed. Once in a roundtable, drivers cannot change lanes and must use their turn signal when exiting.

Right-of-Way at Open Intersections

Open intersections are those that do not have any signs or signals. When a driver enters such an area, they must yield the right-of-way to both vehicles and pedestrians already in the intersection. It’s also required to yield when planning on making a left-hand turn to allow traffic heading straight to proceed first.

Right-of-Way for Pedestrians

In Florida, pedestrians have the right-of-way when in a crosswalk when a signal indicates that they can proceed safely. In crosswalks that lack such signals, pedestrians have the right of way once in the street. Drivers must yield the right-of-way to any pedestrian who is already in the crosswalk to cross the street or to those standing in wait to proceed.

Right-of-Way for School Buses

Like other states, Florida law requires drivers to stop when they are behind a school bus that is stopped with its stop signal on to pick up children or let them exit. Vehicles cannot pass the bus until after it has stopped the signal. Drivers are also prohibited from passing a school bus from the side where children enter or exit the bus.

Right-of-Way for Public Transit Vehicles

Florida also has right-of-way rules for drivers regarding sharing the road with public transit vehicles. Drivers of passenger vehicles are required to yield the right-of-way to all transit buses traveling in the same direction after the bus driver signals and intends to reenter the flow of traffic.

Right-of-Way for Bicycles

Bicyclists must use designated bike lanes wherever available in Florida and yield the right-of-way to pedestrians. They are required to yield to pedestrians when riding on sidewalks as well; sidewalks must also be clear as they are not permitted to block the walkways. When riding on roads, cyclists are bound to the same laws as drivers of motor vehicles and obey traffic signs and signals and yield the right-of-way at crosswalks and when making turns. Pedestrians also have the right-of-way over cyclists when in a crosswalk to cross the street.

Right-of-Way for Emergency Vehicles

On any road, whether it’s a small street, county road or major highway, emergency vehicles flashing lights and/or using audible signals have the right-of-way. Per Florida law, drivers must move over a lane or even to the side of the road to yield the right-of-way to such vehicles. Not doing so can result in traffic citations and penalties. Emergency vehicles may include law enforcement vehicles, fire trucks, ambulances, sanitation trucks, utility service vehicles, tow trucks, wrecking trucks, maintenance vehicles or construction vehicles.

Right-of-Way at Railroad Crossings

Florida law requires all drivers to wait when a light is red by a railroad crossing. Drivers are prohibited from driving through or under the crossing barrier and must wait until the train has passed. They must wait until the light turns green and the railroad tracks are clear to safely proceed. These rules also apply to pedestrians who wish to cross railroad tracks.

Right-of-Way in School Zones

When drivers approach or enter school zones, they must be diligent and extra cautious. If any pedestrians are in the area, drivers must yield the right-of-way to them so that they can safely cross the road.

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How Right-of-Way Applies to Accidents in Florida

In Florida, many accidents take place at intersections that have stop signs or yield signs. Some even occur at red lights or at intersections with turn signals or signs. Unfortunately, many of those incidents occur due to distracted driving, speeding, intoxication or general reckless driving. When a driver reaches an intersection, they are required to yield to vehicles already there that have the right-of-way. They must also yield to any pedestrians in the intersection who wish to cross the street and only proceed when it’s clear and safe to do so.

The general rule is that all drivers must be careful and always yield the right-of-way to other vehicles and pedestrians in the right situations. Unfortunately, not all accidents can be avoided, but with the right level of caution and by staying alert, drivers can ensure that they travel more safely.

Consequences of Not Yielding the Right-of-Way in Florida

Depending on the situation, there are different consequences drivers can face in Florida for not yielding the right-of-way. If an accident occurs and no one is injured, a driver can receive a fine of up to $500. In this situation, it’s normal for insurance premiums to increase as drivers can also face as many as four points on their license. Higher insurance premiums occur over a period of five years.

In an accident caused by a driver who fails to yield the right-of-way in which a person is injured, they can be subject to an even higher fine. In some cases, criminal charges such as reckless driving may also be imposed. It’s even more serious if a person is killed due to a failure to yield the right-of-way accident. In addition to elevated fines, a driver can face criminal charges, jail or prison time and a wrongful death lawsuit.

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Compensation for Crashes Caused By a Failure to Yield in the State of Florida

If a person suffers injuries in an accident in Florida due to failure to yield the right-of-way, they have a right to file a personal injury claim for compensation. Some of the damages potentially recoverable include current and future medical expenses, lost wages, lost earning capacity and pain and suffering.

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Traffic Laws and Signals

Drivers must understand what all of the traffic laws and signals mean to understand the concept of right-of-way. This includes knowing about traffic lights, yield signs, green lights, traffic signals, four-way stop signs, posted speed limits, school buses, private roads vs public roadways and secondary roads vs two-lane roadways.

Traffic Lights

Traffic lights are made up of three signs: red on top for stop, yellow in the middle for caution and green at the bottom for go. Sometimes, a traffic light will have different colored arrows depending on the type of intersection. For example, an area that allows drivers in the leftmost lane to make a left turn will have a green arrow signal.

Yield Signs

A yield sign means that drivers should slow down and all pedestrians and vehicles approaching from different directions. When one vehicle approaches an intersection with a yield sign and another comes by, the latter must allow the former to proceed first.

Green Lights

Standard green lights mean that drivers are allowed to continue on their way. However, if a pedestrian is already in the street, crossing, they must allow them to cross and get safely to the sidewalk or island if one is available. If there happens to be a turning lane, those vehicles are allowed to proceed as long as they have the green light. If the light is green for vehicles traveling straight, those drivers have the right-of-way.

Traffic Signals

Traffic signals are made up of the three colors red, yellow and green. Red means that drivers must stop, yellow means use caution and prepare to stop and green means go.

Four-Way Stop Signs

A four-way stop sign connects to a single intersection. The rule is that the first vehicle to approach the intersection has the right-of-way. When two vehicles approach at the same time, the one on the right has the right of way first while the other yields. Additionally, any traffic moving forward has the right of way over vehicles planning to make a turn. Drivers making right turns also have priority over those turning left.

Posted Speed Limits

Posted speed limits indicate the speed that vehicles are allowed to travel on local streets, roads, major highways and other areas. Drivers are required to stay within the speed limit to prevent accidents. Anyone who violates them can be charged with a traffic offense even if an accident doesn’t occur.

School Buses

Drivers must obey the laws pertaining to school buses. If a bus is stopped with its lights flashing to pick up or drop off passengers, vehicles must stop and wait until it’s clear to proceed. Vehicles cannot pass a school bus while its red lights are flashing.

Private Roads vs Public Roadways

There are differences between private roads and public roadways. Private roads allow only a set number of people access to pass through. Meanwhile, public roadways are available for everyone regardless of whether they live or work in the immediate area. If someone without authorization to travel on a private road does so, they can receive a citation.

Secondary Roads vs Two-Lane Roadways

A secondary road serves traffic between two different areas such as urban and rural to provide access to a primary road. A two-lane roadway is a freeway or expressway that allows traffic to travel in the same direction on two roads. Usually, these roadways don’t have separation barriers.

How Often Do Right-of-Way Accidents Happen in the State of Florida?

More than 300,000 right-of-way accidents occur in Florida each year. These collisions make up 77% of all car accidents in the state and account for about 25% of all accident fatalities.

Were You Involved in an Accident? Here’s What You Should Do

If you were in a car accident, it’s important to take certain steps. You must remain at the scene immediately after it occurs and get to a safe area. Take photos of the accident scene and damages, call 911 and exchange information with the other driver. Don’t say anything more than what’s necessary. Get witness names and contact information and seek medical attention. Finally, contact an attorney who can help you prepare a personal injury claim or lawsuit.

Frequently Asked Questions

 

What Is Failure to Yield the Right-of-Way in Florida?

In Florida and elsewhere, failure to yield the right-of-way means that a driver doesn’t allow the vehicle that was in the intersection first to go first.

What Is the New Law in Florida About Car Accidents?

The new Florida law regarding car accidents is SB 54, which was introduced in the State Senate in 2021. It would have changed personal injury protection (PIP) auto insurance coverage for drivers, requiring at least $25,000 in bodily injury coverage and at least $50,000 for two or more individuals in an accident.

Does the Florida Law Give the Right-of-Way to No One?

Florida law only states that a person must give the right-of-way to avoid an accident. This applies to everyone operating a motor vehicle or bicycle and even pedestrians.

Who Has the Right-of-Way on a Sidewalk in Florida?

Pedestrians have the right-of-way on Florida sidewalks.

What Is the Right-of-Way Easement in Florida?

Right-of-way easement in Florida means that a landowner is unable to get to a public road without crossing another person’s private land.

What Is the Statute of Right-of-Way in Florida?

Florida’s statute of right-of-way means that when a driver arrives at an intersection, they must yield the right-of-way to any vehicle or pedestrian that got there first. Drivers can only proceed when the intersection is clear and it’s safe to do so.

Who Pays for Car Damage in Florida No-Fault?

In Florida, a driver’s own insurance policy pays for car damage. If the policy isn’t enough to cover the costs, the driver can file a lawsuit against the at-fault party.

How Much Can You Get from a Car Accident in Florida?

In Florida, you can get anywhere from $10,000 to $60,000 on average. Specific factors of a case may secure a higher or lower settlement.

How to Protect Your Assets After a Car Accident in Florida

You can protect your assets after a Florida car accident if you have sufficient liability insurance and an umbrella policy.

What Is the Yield Right-of-Way Statute in Florida?

Florida’s yield right-of-way statute states that drivers must allow a vehicle already in the intersection or closely approaching a highway to continue first. The driver must slow down or stop to yield the right-of-way.

How Many Points Is a Violation of Right-of-Way in Florida?

Failure to yield warrants 3 points off a driver’s license in Florida.

What Is Failure to Yield to Oncoming Traffic in Florida?

In Florida, a failure to yield to oncoming traffic occurs when a driver refuses to slow down or stop. In some cases, this can lead to an accident.

What Is the Difference Between an Easement and a Right-of-Way in Florida?

An easement provides access to someone else’s property while a right-of-way does not provide access to another person’s property for one’s own use.

Is There a Law in Florida About No One Left Alone?

Florida’s law about “no one left alone” refers to the No Patient Left Alone Act, which allows families to visit loved ones in hospitals, long-term care facilities and hospices.

Who Has the Right-of-Way When Backing Out in Florida?

In Florida, when a driver is backing out, any oncoming vehicle has the right-of-way.

What Is the Yellow Light Law in Florida?

The yellow light law in Florida requires all drivers to use caution when a traffic light is yellow. This requires being prepared to slow down and stop.

In Florida, Who Has the Right-of-Way?

Drivers facing green lights have the right of way in Florida unless they plan to make a turn. In that situation, they must yield the right of way to other traffic, including pedestrians, going straight.

Who Has the Right-of-Way at a Four-Way Stop in Florida?

In Florida, while at a four-way stop intersection, the driver on the right going straight has the right-of-way. If a driver to the left plans to proceed straight or make a turn, they must first wait for the vehicle on the right.

Is Right-of-Way Different in Each State?

In all states, the general rule is that the vehicle that arrives at an intersection first has the right-of-way. Vehicles on the right take priority.

Who Has the Right-of-Way at an Intersection When Someone Is Making a Left Turn?

When one driver is making a left turn, they must yield the right-of-way to other vehicles and pedestrians approaching from the other direction.

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