Table of Contents
Key Takeaways
- The fault in an intersection collision depends on traffic laws, driver behavior, and evidence from the crash.
- Multiple parties can share responsibility under Florida’s comparative negligence law.
- Common causes include distracted driving, speeding, unsafe turns, and running red lights.
- Intersection crashes often involve T-bone, rear-end, head-on, or sideswipe collisions.
- Evidence such as police reports, witness accounts, and medical records is critical to proving fault and recovering compensation.
You’re driving along the roadway on your way to work or an appointment. The traffic light turns green, and as a cautious motorist, you glance in all directions before easing your foot off the brake. Suddenly, you hear the screech of tires and the crash of metal, and in an instant, your vehicle is jolted across the intersection.
You may start to wonder whether you were somehow at fault for the wreck, even though you clearly had the green light. Along with feeling overwhelmed, frustrated, and angry, you may worry about how difficult it will be to recover the compensation you deserve, especially if the other driver ignores traffic laws, lies about what happened, and leaves you questioning, “Who is at fault in an intersection accident?”
David I. Fuchs can guide an accident victim through every step of the process after an auto accident. From negotiating with insurance companies to protecting your rights, he works to strengthen your personal injury claim and pursue the full compensation you deserve. Call us today for a free consultation.
Who Is at Fault in a Car Accident at an Intersection?
Fault depends on which driver violated traffic laws and acted negligently, such as failing to yield, running a red light, or making an unsafe turn. In intersection accidents, multiple parties can share fault, especially if both drivers made errors.
Florida’s comparative negligence law means that each party assumes a percentage of blame, if applicable, and that affects the compensation you may recover. If you are 51% or more at fault, you will be barred from recovering any compensation.
Types of Intersection Car Accidents in Florida
The most common types of collisions at intersections include:
- T-bone crashes: T-bones or side impact wrecks happen when one driver runs a red light or stop sign and hits the other vehicle in the side.
- Rear-end collisions: This type of accident is common when drivers are distracted or following too closely at traffic control signals.
- Head-on collisions: These accidents often occur during wrong-way turns or when vehicles cross into opposing traffic lanes.
- Sideswipe accidents: These accidents typically involve unsafe lane changes or merging at multi-lane intersections.
Common Causes of Intersection Accidents in Florida
Some intersections see more accidents than others, such as those in areas with high tourist traffic. Beach towns commonly see a lot of intersection accidents as people are unfamiliar with the roads. Other causes of intersection accidents include:
- Distracted driving, such as texting, eating, or adjusting devices instead of watching the road
- Exceeding the posted speed limit, which reduces reaction time and increases crash severity
- Running red lights or stop signs, often causing collisions with oncoming traffic in the intersection
- Failing to yield the right-of-way, especially when turning across lanes of oncoming traffic
- Driving under the influence of alcohol or drugs, which slows judgment and reflexes
- Making unsafe turns or improper lane changes at crowded intersections
- Poor visibility caused by bad weather, roadway design, or obstructed traffic lights
- Confusing road layouts or unclear traffic signals that lead to motorist errors
Right-of-Way Rules at an Intersection
Florida has several right-of-way laws, including:
- Yielding to traffic: If traffic is already in the intersection, you must yield to it, even if you have a signal to go. You have to wait until the intersection clears.
- Giving the right-of-way: At four-way stops, the driver to your right has the right-of-way if he or she was there before you.
- Yielding to pedestrians: If a pedestrian is already in the intersection, you must yield and wait for the person to cross.
- Rules for left turns and U-turns: Some intersections may prohibit U-turns or left turns and will have the appropriate signage.
- Turning right on red: You cannot turn right on red if the intersection contains a sign stating no right turns on red.
What to Do if Involved in an Intersection Car Accident in Florida
If you are in an accident and can move around without causing additional injury to yourself, you can take several steps to help your case, including:
- Check others for injuries and call first responders
- Take photos of the accident scene, ensuring you also take pictures of property damage (road or nearby property)
- Move the vehicles off the road, if possible
- Obtain contact information from the other driver and witnesses
- Obtain the other driver’s license, insurance, and registration information
- Obtain statements from witnesses
- Give law enforcement your version of the facts
- Allow EMTs to check you over
- Seek medical attention after law enforcement releases you from the scene
- Notify your insurance company
- Contact an experienced car accident attorney
Related Article: When Can You Sue the At-Fault Driver in a Florida Car Accident?
How Do Florida Authorities Determine Fault in an Intersection Car Accident?
Law enforcement investigates the accident scene by speaking with witnesses, documenting injuries, and collecting statements to gather evidence. They examine physical evidence, such as skid marks, debris, and vehicle positions, while also photographing the scene, taking measurements, checking road conditions, and gathering additional evidence. All of this information is included in the police report, which insurers and attorneys use to help establish fault.
Related Article: Determining Fault in a Multi-Vehicle Chain Reaction Accident in Florida
Key Evidence in Intersection Accident Claim Cases
Your personal injury attorney can help you gather the evidence required to prove your claim so you can recover the compensation you deserve. Evidence in intersection accident cases may include:
- Police report
- Witness accounts
- Crash scene photos and video
- Accident scene survey
- Accident reconstruction reports
- Medical records
- Expert testimony
- Traffic camera footage
- Receipts, bills, and invoices
- Your journal entries for pain management and the recovery process
Tips to Prevent Intersection Accidents in Florida
You can minimize the risk of intersection accidents by taking several actions, including:
- Approach intersections cautiously, even when you have the right of way
- Avoid distractions such as texting or adjusting the GPS while approaching a light
- Check all directions for traffic after the light turns green
- Always use turn signals when turning or changing lanes
- Yield to pedestrians and bicyclists in crosswalks and intersections
Florida’s cities have busy intersections, especially during tourist season, and driving defensively can significantly minimize the risk of an intersection accident.
How Can Our Miami Car Accident Lawyer Help After an Intersection Crash?
A personal injury lawyer with car accident experience can help in several ways, including:
- Investigating the accident
- Gathering evidence
- Negotiating with insurance companies
- Representing your interests in court, if needed
- Communicating with insurance companies
- Helping calculate damages
- Helping pursue fair compensation for medical bills, lost income, and pain and suffering
Related Article: Do You Need a Lawyer for a Car Accident in Florida if You’re Not At Fault?
Why Choose David I. Fuchs Injury Law Firm
When you need legal advice after an intersection accident, David I. Fuchs can use his experience to guide you through your case and help obtain the compensation you deserve.
Testimonials
“I cannot speak highly enough of Dr. David I. Fuchs, the injury law expert in Fort Lauderdale. When I urgently needed legal guidance, he was on the spot, providing precise and honest information. David’s quick responsiveness, combined with his accuracy and transparency, made a significant impact during a challenging time I was facing due to a total loss in a car accident. I greatly appreciate his professionalism and recommend his services to anyone seeking a trustworthy and reliable injury law attorney in South Florida.” — Israel A.
“I got into my first ever car accident and I was referred to David Fuchs to handle my personal injury case. They took great care of me and made sure I got the proper physical therapy needed to get back to normal. I will be referring anyone I know to them in the future” — Armani H.
“I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.” — Joan K.
Frequently Asked Questions
What Role Do Traffic Signals and Signs Play in Fault Determination?
Traffic signals and signs provide clear legal rules for right-of-way and safe driving behavior at intersections in Florida. Investigations usually find that a driver who ignores traffic signals by running a red light or failing to stop at a stop sign is at fault for the resulting accident.
Does Running a Red Light Automatically Make You at Fault?
Running a red light is a clear violation of Florida traffic laws and generally leads to fault in an accident if it causes a collision. However, fault determination may also consider other factors, such as whether the other driver was speeding or driving recklessly.
Can Pedestrians Be at Fault in an Intersection Accident?
Yes, pedestrians can share fault if they violate traffic rules, such as jaywalking, crossing against a signal, or stepping into traffic unexpectedly. Florida’s comparative fault rule means pedestrians may recover damages only if they are less than 51 percent at fault.
Can Bad Weather Affect the Fault in an Intersection Collision?
Yes, bad weather can affect the determination of fault in an intersection crash. Weather conditions do not excuse unsafe driving, and may be key factors in the accident investigation.
Talk to a Lawyer Who Knows How to Handle Intersection Accident Cases.
David I. Fuchs Injury Law Firm believes that each case deserves personal attention. Aggressive and dedicated, attorney David Fuchs knows that your future is at stake, so he works to get you the compensation you deserve. If you or a loved one was in a car crash, call 954-568-3636 or reach out via the online form to schedule a free case evaluation.
If you cannot come to the Fort Lauderdale office, accident attorney David I. Fuchs will send a representative to see you. His staff speaks English and Spanish.
Written By David I. Fuchs
David I. Fuchs is a Fort Lauderdale personal injury attorney with over 36 years of experience and hands-on experience with more than 6,000 cases. He is the founder of David I. Fuchs, Injury & Accident Lawyer, P.A., and represents victims of car, truck, and motorcycle accidents with compassion and skill. David holds a J.D. from American University’s Washington College of Law and a B.A. from New York University.
