Left Hand Turn
In the State of Florida, traffic regulations outlining what are considered "The Rule of the Road" are set forth in Chapter 316, Florida Statutes. One such statute addresses the responsibilities and obligations of driving making a left hand turn. Pursuant to Section 316.122, Florida Statutes:
Vehicle turning left.-The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
In summary, a driver attempting a left hand turn shall yield of right of way to oncoming or approaching traffic. Far too many drivers in the State of Florida are in a hurry to make it to the next destination or simply are just careless in the manner in which a vehicle is operated on Florida roads, streets, and highways.
When there is a Florida Statute in place as to a traffic regulation or "Rule of the Road" and it is violated, Florida law will favor in part the person who was injured by the driver who violated the traffic regulations. It should be pointed out that the disposition of the traffic citation is not necessarily controlling on the civil case or claim. Here is an example. Let's say that a driver is issued a citation for violation of Section 316.122, Florida Statutes for Making an Improper Left Turn. The driver decides to pay the citation and accept the points. Alternatively, the driver went to a traffic hearing and pled No Contest. Under either of these fact scenarios, the disposition of the traffic citation will not controlling the civil case or claim. As such, the driver (who received the traffic citation) and his or her automobile insurance company can still challenge the issue of fault for the Florida Automobile Accident. Furthermore, it should be noted that Florida is a comparative fault state in which fault can be apportioned to more than just one driver for any given Florida Automobile Accident.
Of course, the fault or liability of the Florida Automobile Accident is just one piece of many that ultimately should fit together that form the puzzle of an insurance claim or case on behalf of the injury victim. Insurance companies are very well represented by insurance adjuster, investigators, field adjusters, attorneys, and others to protect the interests and legal rights of the automobile insurance company. The injury victim should be represented as well to level the playing field.
Due to the complexities of Florida law on what would be appear to be some basic issues, it is important for an injury victim to contact a Florida Personal Injury Attorney for advice, guidance, and legal representation. When a person is injured due to the careless or negligent driving of another person, a case or claim should be pursue don behalf of the injury victim. Don't go it alone. Get D Wolf - On Your Side - At Your Side.
David Wolf is an attorney, author, and advocate. He has focused his entire legal career for the past 25 plus years to the protection and enforcement of the legal rights of individuals. David Wolf truly believes in Giving a Voice to Injury Victims and Their Families.