Did you get into a car accident at an intersection in Miami? If so, you may wonder who is to blame. The answer depends greatly on the traffic signals at the time of the crash and who had the right of way.
Since the question of who was at fault for the accident usually comes down to which driver was violating traffic laws, understanding how these rules apply to your situation is important. Contact personal injury lawyer Prosper Shaked today at (305) 694-2676 for representation on your car accident claim.
Proving Fault After an Intersection Accident in Miami
Florida injury laws allow for the apportionment of fault among all parties involved. Essentially, it acknowledges that in many accidents, more than one party may have contributed to the cause. Under this system, each party’s degree of fault is assessed as a percentage, and their ability to recover damages is contingent upon this percentage. Importantly, in Florida, if an individual is found to be more than 50% responsible for the accident, they are barred from recovering any damages. This rule emphasizes the significance of establishing each party’s level of fault accurately.
Proving fault after an intersection accident begins with the meticulous collection of evidence from the accident scene. This may include:
- Collecting photos, videos, witness statements, and police reports.
- Reviewing Florida’s traffic laws to understand right-of-way rules.
- Checking for nearby surveillance cameras that may have recorded the accident.
- Gathering eyewitness statements from people at the scene of the crash
- Examining vehicle damage
The next step involves establishing negligence, which requires showing that the other party failed to exercise a level of care that a reasonable person would have in the same situation. This can be through speeding, distracted driving, or not adhering to traffic signals.
After establishing negligence, the comparative aspect comes into play, where the negligence of each involved party is compared and quantified into percentages. This comparison is critical as it directly influences each party’s compensation.
A Miami Police Report Could Help You Establish Fault After an Intersection Accident
To help establish fault after a Miami car accident, the police should be called to the accident scene. Police officers are responsible for creating an accident report, which serves as an official and objective record of the event. This report often includes details such as the positioning of vehicles, points of impact, and any visible damages.
Furthermore, police officers are trained to identify and record any violations of traffic laws, such as running a red light or illegal turns, which can be pivotal in determining fault. They also take initial statements from witnesses, which can provide invaluable perspectives on how the accident occurred. These police reports often propel injury cases forward and are essential when determining fault in Florida’s modified comparative negligence system.
Types of Intersection Car Accidents in Florida
Intersections in Miami and throughout Florida can be very dangerous areas when it comes to driving. Left-turn accidents, failing-to-stop accidents, and construction zone car accidents are just a few types of collisions that can occur.
Different speeds, intersection shapes, and signs can change how a car accident case comes out. However, there are basic rules that apply to every car accident. Many of these rules may be familiar to those driving every day – or at least sound familiar if you’ve passed a driver’s test. In many cases, these rules are guidelines; some circumstances may switch the blame to other parties and still allow you to collect compensation if you were partly to blame for the accident. Regardless, the following rules typically come into play in car accidents at intersections.
Left Turns Must Yield
When turning left on a straight road, at an intersection, or from a stop sign, the driver turning left must yield to other drivers. This means they must let all oncoming traffic pass before they can complete their left turn. They may pull into the intersection during a green light and wait their turn, but only the first car can do this. If you were not the first car waiting to turn left, the law requires you to wait behind the stop line until the car in front has already cleared the intersection.
Many people cause accidents when they make a rushed left-hand turn. Common problems include failing to signal, underestimating the speed of oncoming traffic, taking a turn too quickly, and losing control.
If you were hit by a driver making a left turn, the accident should never be your fault unless you sped up to pressure the driver or continued at your same speed when you had adequate room to slow down. Proving that the other driver sped up as you made a left turn is difficult. However, event data recorder (EDR) or black box data can be obtained from the other vehicle to determine the speed the vehicle was driving in the 5 seconds of the collision.
Stopping Before Making a Right on Red
Though it is okay to make a right turn at a red light, many drivers fail to come to a full stop before making a turn. If you approach an intersection too quickly, you may not get a good look at cross traffic before entering an intersection. Drivers must always make a complete stop at a red light, even if they are going to turn right. This allows you to check if the coast is clear and complete the turn safely.
Failure to signal or make a full stop can be a danger to other drivers around you. Since cyclists often pull in front of red lights so other drivers can see them, this is also a common cause of bicycle accidents.
Four-Way Stops
Four-way stop sign intersections are easy enough to understand with practice. However, many city drivers may be used to traffic lights rather than 4-way stop sign intersections. When multiple cars meet at the intersection, whichever car got there first gets to go first. From there, you always yield to the car on your right.
Sometimes, there is a disagreement over who got to the four-way stop first. In this situation, eyewitness testimony or video surveillance can help establish fault.
Stop Signs
Stop signs always require a full and complete stop. Making a “rolling stop” is the same as running the stop sign, and if it causes an accident, the driver who failed to stop should be at fault. In addition, if you are at a stop sign waiting to cross a roadway or turn into cross traffic, you must wait until the coast is clear. A driver at a stop sign must yield to all other cars on the road. Pulling out of the stop too close to other vehicles often puts you at fault for the accident.
Also, be careful when the cross traffic uses turn signals. Sometimes, drivers put their signals on too early or too late, and it may not be clear where exactly they are turning. Wait until the path is clear, just to be safe.
Yielding on On-Ramps
Entrance ramps to highways often have a yield sign at the end of the ramp. Even if they don’t, you may still be required to yield to drivers already on the roadway. Just like changing lanes, forcing your way into the lane is illegal, especially if it causes an accident. Wait until you have adequate room before making your move. Drivers who fail to yield are often at fault for the accidents they cause.
How Our Miami Car Accident Lawyers Can Help After an Intersection Crash
Getting into an intersection crash in Miami is terrifying and traumatic, especially when it involves another driver’s negligence. When this occurs, you need a Miami car accident lawyer on your side who can help you secure fair compensation for your injuries and losses.
Florida’s laws require you to prove the other driver’s fault in the accident to claim damages. A demonstration of “serious injuries” is also required to initiate a lawsuit against the responsible party.
At Prosper Shaked Accident Injury Attorneys, PA, our Miami car accident attorneys are dedicated to supporting you through this challenging time. We have a proven track record in handling car accident claims effectively.
By choosing our law firm, you can expect comprehensive support:
- We will thoroughly investigate your car accident to establish the other driver’s liability.
- Our attorneys will collaborate with your medical providers to document your injuries accurately.
- Our lawyers will handle all interactions with insurance companies, from filing claims to negotiating settlements.
- We will keep you regularly updated on the progress of your case.
- We are committed to exploring every legal route to secure the compensation you rightfully deserve.
We urge you to contact our office for a complimentary case evaluation with one of our Miami car accident attorneys. It’s important to act swiftly due to Florida’s statute of limitations on filing automobile accident claims. Delaying could jeopardize your chance to seek compensation following an intersection accident.
Contact Our Miami Intersection Accident Lawyers Today
If you’ve been hurt in an intersection crash in Miami, don’t wait. Protect your rights and explore your options for compensation. Contact Prosper Shaked Accident Injury Attorneys, PA., today for a free case evaluation. Our experienced Miami personal injury attorneys are ready to guide you through the legal process and fight for the justice you deserve. Act now to ensure your case is handled effectively within Florida’s legal time limits. Call us at (305) 694-2676 or visit our website to schedule your consultation. Your path to recovery starts here.