Police Officer Preparation & Law Enforcement Resource - Archive

The REAL POLICE FORUM is a leading community of police officers and law enforcement professionals. The forum includes police chat and restricted areas for police officers only. The ask-a-cop area allows you to ask questions to real police officers and only verified police are allowed to respond. REALPOLICE.com also features law enforcement jobs, news, training materials and expert articles.




View Full Version : Florida Accident Law


babiesgalore3
12-17-08, 12:17 PM
I was recently involved in an accident. I was making a left hand turn into a bank (no traffic light). No cars were comming and I could see the light in both directions were red, traffic was stopped. I crossed 2 lanes of traffic and out of know where a car comes plowing into me. I was driving a SUV and she was in a smaller car. I was almost out of the 2nd lane and into the bank driveway when she hit me. The impact was my rear wheel and her front passenger side. Just want to know if there is a law that says according to where the impact is, whose fault it is i.e. rear door forward, drivers fault or rear door back, other veh fault? She hit me at a high rate of speed and did not brake. I feel she either made a turn onto the lanes I was crossing at a high rate of speed (maybe trying to make the light) or that she pulled out of the first lane of traffic and got into the 2nd lane because it wasn't backed up. Any info someone may have would be helpful. Thanks.

Lori


DeltaV
12-17-08, 09:57 PM
I crossed 2 lanes of traffic and out of know where a car comes plowing into me.

You failed to yield to oncoming traffic while making a left turn. You committed the violation, and the crash is your fault.

Contrary to what you may believe, cars do not just appear "out of nowhere." Cars do not have the ability to be beamed from one place to the other, nor do they miraculously appear out of thin air. In order for that car to strike your vehicle, it had to have been traveling on the roadway the entire time. You just failed to observe it and yield to the oncoming traffic.


I feel she either made a turn onto the lanes I was crossing at a high rate of speed (maybe trying to make the light) or that she pulled out of the first lane of traffic and got into the 2nd lane because it wasn't backed up. Any info someone may have would be helpful. Thanks.

It makes no difference if she did this or not. No matter how she got into that second lane, you still have the responsibility to yield to traffic that has already entered and is traveling in the second lane. Furthermore, if the other car had just turned onto the road or just changed lanes, I find it extremely hard to believe that it would have had enough time to build up to such a "high speed impact" as you are suggesting.

You need to quit trying to blame others for something that is obviously your fault.

APDSarge
12-19-08, 01:02 PM
I ahve to concur with Delta's statement. A vehicle turning left in front of traffic has the duty to yield the right of way to on coming traffic.


cntryboy0531
12-19-08, 02:21 PM
3rd Florida cop here agree's with Delta. You are at fault. Failure to yeild the right of way.

ShadowWarrior
01-01-09, 09:47 PM
I was recently involved in an accident. I was making a left hand turn into a bank (no traffic light). No cars were comming and I could see the light in both directions were red, traffic was stopped. I crossed 2 lanes of traffic and out of know where a car comes plowing into me. I was driving a SUV and she was in a smaller car. I was almost out of the 2nd lane and into the bank driveway when she hit me. The impact was my rear wheel and her front passenger side. Just want to know if there is a law that says according to where the impact is, whose fault it is i.e. rear door forward, drivers fault or rear door back, other veh fault? She hit me at a high rate of speed and did not brake. I feel she either made a turn onto the lanes I was crossing at a high rate of speed (maybe trying to make the light) or that she pulled out of the first lane of traffic and got into the 2nd lane because it wasn't backed up. Any info someone may have would be helpful. Thanks.

Lori

Violated FSS 316.122:
316.122 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.

Since the other vehicle hit you, it was close enough to be a hazard.

Sorry, try to be more careful next time, and I am glad you were not seriouly injured. Be well..

mcsap
01-02-09, 12:43 AM
Unless the car was going at a HIGH rate of speed , it didnt "appear." And if it was speeding , the impact would have sent both vehicles for a ride after impact etc.

Your failure to see the car approaching means that you are still 100% repsonsible.