Latest Blogs

Spivey Law Firm, Personal Injury Attorneys, P.A. has extensive experience litigating personal injury and wrongful death cases throughout Florida.   Frequently, devastating car accidents happen even when the at-fault driver is driving “under the speed limit.”  However, driving under the speed limit does not relieve drivers of their duties to avoid collisions.  Drivers must account for a wide variety of hazards that are encountered every day and adjust their speed accordingly.

Florida’s Special Hazards law requires drivers to take note of hazards and requires that speed be decreased as necessary to avoid collisions, regardless of whether the driver is technically driving under the posted speed limit. 

Specifically, Florida Statute Section 316.185 “Special Hazards” provides that “The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection when approaching and going around a curve when approaching a hillcrest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.”

Accordingly, Florida law makes it clear that a driver must reduce their speed and use due care to avoid causing accidents.

While the law does not define every type of “hazard,” the Special Hazards law provides examples of special hazards that require drivers to reduce their speed to avoid collisions.  Specifically, Florida law requires drivers to reduce their speed when approaching and crossing an intersection, when approaching or going around a curve, when approaching a hillcrest, driving on narrow or winding roadways, or when “special hazards” exist and require that speed to be decreased to avoid collisions. 

Special hazards include those enumerated situations, but they also cover a broad array of hazards that might exist because of traffic, weather, or other roadway conditions.  For example, the law applies when there are pedestrians present when there is road construction or any situation where there may be hazards that could result in accidents. 

Often times, a defendant driver or an insurance company defending a driver will claim that they were not negligent because they were traveling under the speed limit.  Fort Myers Personal Injury Attorney Randall L. Spivey has successfully litigated many cases by arguing that special hazards existed that required a driver to further reduce their speed to avoid accidents with Spivey Law Firm, Personal Injury Attorneys, P.A.’s clients. 

Violations of Florida’s traffic statutes may be considered evidence of negligence in a civil case for personal injury.  A car accident victim may be entitled to a jury instruction in a personal injury case to obtain money damages meaning that the judge instructs the jury on the law and that the jury may consider a violation of the law as evidence of negligence. 

Fort Myers Personal Injury Attorney Randall L. Spivey has extensive experience litigating personal injury cases throughout Florida and obtaining compensation for Spivey Law Firm, Personal Injury Attorneys, P.A.’s clients who have been injured as the result of a driver negligently failing to comply with Florida’s Special Hazards statute. 

“If you or a loved one is injured because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. after seeking medical attention. We are available 24/7 to assist you,” said Fort Myers Personal Injury Attorney Randall Spivey.

Fort Myers Accident Lawyer Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.