I continue to notice a problem in St. Petersburg that concerns me. At fully controlled intersections, that is to
say that all directions of traffic are controlled by traffic signals, I see
many near misses between a driver executing a legal u-turn on the green light
and a driver attempting to turn right on red. Who has
the right of way is the five dollar question? My driving experience in St. Petersburg says that most people believe
that the person turning right on red has the right of way. Nothing could be
further from the truth. According to Florida Statute 316.075 vehicles may execute a u-turn on
a green signal as long as there is not signage prohibiting a u-turn at the
intersection. The driver executing the
u-turn must yield the right of way to pedestrians and other vehicles which are
lawfully in the intersection. Likewise, Florida Statute 316.075 permits a
driver to make right turn of red if it can be safely accomplished. Essentially, a driver attempting execute a
right turn on red must yield to everyone else lawfully within in the
intersection. Therefore, screaming,
honking and obscene gestures aside, the
driver executing a lawful u-turn has the right of way.
There are numerous derivations of the same situation. If there is no signal or sign for the driver
making the u-turn, but a stop sign facing the driver attempting to make a right
turn, the driver making a legal u-turn still has the right of way. As a general rule, the driver
attempting to execute a right turn on red will be at fault for accidents which
occur at the intersection involving the right on red driver. The driver attempting to execute a right on
red has a duty to make sure that the intersection is free of pedestrians,
bicyclists, motorcycles and other cars lawfully in the intersection. I know people will complain because it is
impossible to discern whether cars in the left turn lane will execute a u-turn
or simply make a left turn. It is a good
practice when turning right on red to check the traffic approaching from the
left, both crosswalks and the left hand turn lane so that you are certain it is
safe to proceed with the right turn.
The results of an inattentive driver turning right on red
can be devastating. The only logical
excuse for accidents caused in this manner is driver impatience. The best result of such an accident is
usually a collision with a car making a u-turn.
Car accidents with other cars or motorcycles approaching the
intersection at full speed can have fatal consequences when the driver
executing a right on red failed to do so properly. Collisions with bicycle riders or pedestrians
lawfully in the crosswalk will also cause significant and serious injuries to
the riders and pedestrians.
Unfortunately, the results of this type of car accident can
be devastating and include:
1. Death;
2. Traumatic
brain injury and/or concussions;
3. Spinal
cord damage and/or paralysis;
4. Disfigurement;
5. Fractured
or broken bones; and
6. Neck
and back injuries.
Have you been involved in an accident caused by a driver
attempting to turn right on red failed to properly yield the right of way? Contact an experienced St. Petersburg
personal injury attorney at The Law Offices of Bobby Jones today. The decision to hire an experienced personal
injury attorney is an extremely important one.
It should be a personal decision based upon research and a comfort level
with your attorney that is only reached after a face to face meeting with the
attorney that will handling your case.
Experience the personalized service that you will receive at The Law
Offices of Bobby Jones.
Whether you were a pedestrian, a bicyclist, or operating car
or motorcycle and have been injured in an accident, you should immediately call
The Law Offices of Bobby Jones at (727) 571-1333 during regular business hours
or (727) 753-8657 on weekends or after regular business hours. We will evaluate
your case for free and you will never pay us a dime unless we recover
compensation for your injuries.
The Law Offices of Bobby Jones
6570 30th
Avenue North
St. Pete,
FL
33710
http://bobbyjoneslaw.com/personal-injury/
