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Driving is a privilege in Florida, and everyone on Florida’s roads has the same rights and obligations.

Who has the right-of-way in Florida?

The answer to this question is “no one.” Florida law says who “must” yield the right-of-way, not who has the right-of-way. Everyone on Florida’s roads is required to do everything possible to avoid crashing.

Right-of-way laws come into effect at stop signs, open intersections, and roundabouts, according to the Florida Drivers Association.

Stop Signs – Vehicles must yield the right-of-way to all other traffic, including pedestrians, at stop signs. When there is a four-way stop, the first vehicle to stop should move forward first. If two vehicles are reaching the intersection at the same time, the driver on the left should move first.

Open Intersections – Open intersections do not have traffic control signs or signals. When one enters an open intersection, he or she must yield the right-of-way if there is a vehicle already in the intersection or he or she:

• enters or crosses a state highway from a secondary road.
• enters a paved road from an unpaved road.
• plans to make a left turn and a vehicle is approaching from the opposite direction.

When two vehicles enter an open intersection simultaneously, the driver on the left must yield to the driver on the right.

Roundabouts – Roundabouts have been added to improve traffic flow and reduce crashes. They are designed to move traffic in a counterclockwise direction. Any vehicle approaching a roundabout is to yield to those already in the roundabout.

Motorcycles are particularly vulnerable when vehicles fail to follow Florida’s right-of-way law.

Motorcyclists do not have the protective features on their bikes that other motorists have in cars or trucks, such as steel frames, seatbelts, and airbags. They are also less stable than four-wheeled vehicles sharing the roads. When motorists do not follow Florida’s right-of-way laws and motorcyclists are hit, their injuries are usually very serious. Recently, an accident in Fort Myers occurred when a 60-year-old SUV driver stopped at a stop sign and then proceeded to make a left turn into a motorcyclist’s path. The motorcyclist suffered severe injuries.

Motorcyclist Injuries that Can Be Caused by Failure to Yield

There are several body regions that can be injured in motorcycle accidents including:

• Lower and Upper Extremities – Legs, knees, calves, ankles, and feet can be painful and result in long-term disability. Broken bones may require surgical rods, pins, screws, or other hardware. Shoulder injuries, including torn rotator cuffs, broken arms, elbows, and fingers may be common and cause permanent nerve damage. 

• Thorax – The upper body trunk (thorax) has the heart, lungs, and other internal organs protected by the ribs. Trauma to the chest can cause serious injuries. Pierced lungs or torn aortas may sometimes be fatal. 

• Head – Head injuries are very serious injuries and can range from mild to severe, causing permanent disabilities. 

• Neck and Face – Bones and ligaments can be damaged. Face injuries, including broken bones, can cause disfigurement with emotional trauma from the accident. Nerve damage can radiate and cause pain in the jaw, ears, arms, and hands. 

• Abdomen – These injuries can be serious and not initially evident following a motorcycle accident. They may require surgery and long-term medical assistance including therapy. 

• Spine and Spinal Cord – Spine and spinal cord injuries can be catastrophic and can result in various forms of paralysis from the neck down. They require lengthy hospitalization and long-term medical appointments.

What Motorcyclists Should Do Following an Accident

Florida Motorcycle Accident Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. urges motorcyclists who are injured in right-of-way accidents to:

• Seek medical treatment and follow your doctor’s advice. 
• Write down everything you know about the accident. 
• Avoid discussing the details of the accident. 
• Avoid taking advice from the insurance companies. 
• Talk to a Florida Motorcycle Accident Lawyer 

There are no costs or attorney fees until a monetary recovery is received, and Spivey Law Firm, Personal Injury Attorneys, P.A. is available 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com.