A common accident is where a car is turning at an intersection and hits into a car that is going the opposite direction but going straight. Generally, assuming the lights are green in both directions, the car going straight would have the right of way. Thus, the car that is turning would have to yield to the car going straight and would be at fault, generally if there is an accident.
Of course, all cases are to be decided on the specific facts of each case.
For example, Mary is driving west on Boynton Beach Boulevard. There are three lanes going west. The speed limit is 45 and she is traveling the speed limit in the left thru lane. John is going east on Boynton Beach Boulevard but is planning on taking a left at the light at congress Avenue. Both cars have a green light. John has to yield the right of way to Mary but does not see her. He turns and the front of his car hit the driver’s side of Mary’s car. In this scenario it would appear that John is at fault as he has to yield the right of way to Mary.
Some of the rules pertaining to making turns in an accident are pasted below.
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, based on Florida law and the laws of any other states could vary from Florida.
Required position and method of turning at intersections.—
(1) The driver of a vehicle intending to turn at an intersection shall do so as follows:
(a) Right turn.—Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(b) Left turn.—The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. A person riding a bicycle and intending to turn left in accordance with this section is entitled to the full use of the lane from which the turn may legally be made. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(c) Left turn by bicycle.—In addition to the method of making a left turn described in paragraph (b), a person riding a bicycle and intending to turn left has the option of following the course described hereafter: The rider shall approach the turn as close as practicable to the right curb or edge of the roadway; after proceeding across the intersecting roadway, the turn shall be made as close as practicable to the curb or edge of the roadway on the far side of the intersection; and, before proceeding, the bicyclist shall comply with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed.
(2) The state, county, and local authorities in their respective jurisdictions may cause official traffic control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection. When such devices are so placed, no driver of a vehicle may turn a vehicle at an intersection other than as directed and required by such devices.
(3) 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. 3, ch. 83-68; s. 309, ch. 95-148; s. 125, ch. 99-248.
