There generally is no hard and fast rule of who is at fault when an accident happens as one car is making a u-turn. The rule of the road, pasted below, basically states that a u-turn should not be made without interfering with other traffic and also should not violate any control signs. Commonly, if an accident happens while someone is making a u-turn, then that car is citing at fault and the below statute is mentioned but of course in these fact patters it would depend on the other facts. Was the other car speeding? Why didn’t the other car slow down and avoid the accident? The primary issue is that as to “right of way” which is an important factor in traffic crash fault, the car making the u-turn often has to yield the right of way to certain other cars and if they do not do that, they likely will bear some or possibly even most or all of the fault. This is very fact specific and every case will be decided on all of the facts presented in court.
If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. The law firm only charges fees and costs if it recovers money for you.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
316.1515 Limitations on turning around.—The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street unless such movement can be made in safety and without interfering with other traffic and unless such movement is not prohibited by posted traffic control signs. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 80-337; s. 126, ch. 99-248.
Note.—Former s. 316.153.
