Who’s at Fault in Right-Turn Car Accidents?
Intersections are one of the most dangerous areas for drivers. Right-turn accidents are not uncommon in Miami, particularly around yellow lights. However, many people do not understand how to determine fault in right-turn car accidents.
If you have been involved in a right-turn crash, schedule a consultation with a Miami car accident attorney to investigate your case and determine whose fault caused the collision.
Why Do Right-Turn Car Accidents Occur?
Many right-turn car crashes occur when a driver attempts to make a right turn when there is not enough time and/or space to execute the maneuver safely.
Often, these situations occur when the driver who intends to turn right miscalculates the amount of space needed to execute the maneuver. Other causes of right-turn accidents include:
- Distracted driving
- Making an illegal turn
- Not using turn signals
- Failing to yield the right of way
- Miscalculating the distance between the vehicles
- Miscalculating the speed of other vehicles
- Having a driver’s view obstructed when turning
If you have been involved in a right-turn collision, the first thing you should do is to seek medical attention. Talking to an attorney is important to determine fault in your right-turn accident before filing an insurance claim for compensation.
How is Fault Determined in Right-Turn Car Accidents?
When a driver does not have the right of way but chooses to make a right turn and ends up causing a car accident, that driver will most likely be considered at fault for the collision.
If a driver miscalculates the amount of space and time needed to execute the maneuver safely, they may be deemed responsible for the crash. However, the other driver may also be partially or even fully at fault if they were speeding, changing lanes without a turn signal, or violated any other traffic law.
Can I Recover Damages if I Was at Fault for a Right-Turn Accident?
Since Florida is a no-fault auto insurance state, you are entitled to compensation even if you were partially or mostly at fault for the collision. If you are injured in a right-turn car accident, you will have to file a claim with your own insurance company to obtain compensation regardless of fault.
Florida follows the “pure comparative negligence” rule, which means injured parties are entitled to compensation even if they were mostly at fault for the crash. While being partially at fault does not stop you from recovering damages after a right-turn car accident in Florida, your compensation will be reduced by the percentage of your own negligence.
Thus, even if you were 99% at fault for a right-turn accident, you would still be able to get compensated for the 1% of your damages. All Florida drivers are legally required to purchase Personal Injury Protection (PIP) insurance. Your PIP coverage pays for your medical expenses and covers your loss of income.
It is highly advised to contact a Miami car accident lawyer to help you determine fault in your right-turn collision. Schedule a free consultation with our knowledgeable attorneys at Pita Weber Del Prado to investigate your right-turn accident. Call 305-670-2889.