Many Florida automobile accidents result from one driver running through a stop sign and / or failing to yield to through or right of way traffic at an intersection with a stop sign regulating traffic. Section 316.123, Florida Statutes - Vehicle Entering Stop or Yield Intersection provides that a driver shall yield the right of way to any vehicle that has entered the intersection or is approaching the intersection that it would be dangerous to enter the intersection after making the State mandated stop at the stop sign.
In the State of Florida, the law presumes that drivers who take a written and driving exam understand and know the "Rules of the Road" including the duties of drivers who approach an intersection with a stop sign in place. A driver should maintain a safe speed based on posted speed limits, traffic, and road conditions. In doing so, the driver should be able to complete a complete and safe stop at a posted stop sign. Once the stop is completed, the driver then has a duty to be on the lookout for through and approaching traffic before proceeding into or through the intersection.
When a person is injured as a result of another driver who runs through a stop sign, ignores a stop sign, or otherwise unsafely / carelessly drives into the right of the way of another driver, there is a case or claim to pursue for the victim for personal injuries. In most instances, the responding officer gets it right and issues a citation to the driver who drove through the stop sign. At times, the police officer gets two different stories and therefore does not issue a citation. Keep in mind that the insurance or lack of issuance of a traffic citation for failure to obey a stop sign does not control the civil case or insurance claim. In other words, an injury victim can pursue a case or claim even if no traffic citation was issued.
It should also be noted that the fault of a driver for disobeying a stop sign or failing to yield to right of way traffic is just one piece of the complicated puzzle that forms a civil case or claim. There are often challenges to how the accident took place, the preventability of the accident, the actions of the respective drivers in the crash, medical bills, medical treatment, and other issues by the insurance companies. Following a Jacksonville failure to stop accident, the insurance company is ready for action and ready to defend itself with its many adjusters, investigators, and attorneys. An injury victim should protect and enforce his or her legal rights with the hiring of an experienced attorney.
David Wolf is a Jacksonville failure to stop accident lawyer who has handled automobile accident claims and cases for over 30 years. He understands the intricacies of the cases and the common challenges faced by injury victims. He is the author of 12 books that focus on personal injury issues. Get D Wolf - On Your Side - At Your Side.