Practice Areas Car Accidents Car Accidents At Intersections And Stoplights

Boca Raton Attorneys Representing People Injured in Motor Vehicle Collisions

Distracted or hurrying drivers sometimes disregard stoplights and stop signs at intersections, causing collisions. Car accidents at intersections and stoplights can cause property damage and bodily injuries, both of which can lead to significant financial losses. If you were involved in a car accident at an intersection or stoplight, you can pursue claims against the driver who caused the accident for any harm that you sustained. The Boca Raton car accident lawyers at The Grife Law Firm help South Florida residents who have been injured in accidents seek full compensation for their damages.

Holding a Driver Accountable for an Intersection Accident

All licensed drivers have a duty to abide by the Florida laws pertaining to vehicles entering intersections. Specifically, Florida Statute 316.123 states that a stop sign or yield sign may be used to indicate the right of way at an intersection. Under 316.123, a driver who approaches a stop sign is required to stop and must yield the right of way to any vehicle that either has entered the intersection or is approaching so closely that it constitutes an immediate hazard during the time in which the driver wishes to enter the intersection. At a four-way intersection, the driver who stops first has the right to proceed first, but if two or more drivers approach the intersection at the same time, the driver on the left must yield the right of way. Similarly, Florida Statute 316.075 states that a driver who faces a stoplight at an intersection must stop before entering a crosswalk on the near side of the intersection or, if there is none, before entering the intersection. The driver must remain stopped until the stoplight turns green.

If a driver unlawfully proceeds through an intersection or stoplight, causing an accident, anyone injured in the accident can seek damages from the driver in a civil lawsuit. Usually, lawsuits arising out of car accidents at intersections and stoplights assert negligence claims. Under Florida law, the elements needed to prove a cause of action based upon negligence are the existence of a duty recognized by law that requires the defendant to adhere to a certain standard of conduct, the defendant’s failure to adhere to that standard, and actual harm that was caused by the defendant’s breach. In cases in which the duty is imposed by a statute, such as a traffic law, a violation of that statute may be considered prima facie evidence of the defendant’s negligence.

In many cases arising out of intersection accidents, the defendant will set forth a defense that the injured person caused the accident, and therefore he or she should not be awarded damages. Florida follows a pure comparative fault system, however, under which any fault attributed to the injured person will merely proportionately diminish the damages that are awarded.

Damages Recoverable Following Car Accidents at Intersections and Stoplights

A plaintiff who successfully proves liability following an intersection accident may be awarded compensation for the economic and non-economic harm caused by the accident. Economic harm consists of the cost of any medical expenses incurred in treating the injuries caused by the accident, including therapy, adaptive devices, and prescriptions. If the plaintiff was unable to work following the accident, his or her loss of earnings may constitute economic harm as well. Non-economic harm consists of damages that are not easily quantified, such as the loss of enjoyment of life, pain, and suffering caused by the accident.