U-turns can be a helpful way to reach your destination when there’s not an easy left turn from your side of the street. Unfortunately, they’re also one of the more dangerous turns and are frequently done improperly. There are studies on how to make U-turns less dangerous, but it’s a slow process.
When you’re in an accident, tracking down every piece of evidence and speaking with various insurance personnel and lawyers for the at-fault drivers can be a hassle. At the same time, car accident claims have many deadlines for filing paperwork. For example, Florida law requires accident victims to seek medical care within 14 days of a collision or risk forfeiting any claims.
Attorney Shaun Cummings states, “Hiring a car accident law firm as your legal representation can save you a lot of trouble. We can coordinate your paperwork and phone calls, allowing you to shift your attention to healing. Our Florida car accident lawyers at Florin|Roebig are committed to reducing your burdens after a traumatizing event — like a car hitting you because the driver made a grievous error in judgment.”
Understanding Florida Traffic Laws on U-Turns
Florida drivers often misunderstand U-turn protocol, which can lead to property damage and car crashes when drivers fail to yield the right of way while making a U-turn. Keep reading to learn what legal U-turns are, what Florida laws say about them, and what common U-turn accident locations are.
Legal vs. Illegal U-Turns in Florida
U-turns are generally legal in Florida as long as the turn can be made safely and without disrupting the flow of oncoming traffic. Intersections where making a U-turn isn’t allowed will have posted signage about illegal U-turns.
Specific Traffic Laws Governing U-Turns in Florida
Florida U-turn laws are explained in FL Stat § 316.1515 (2023), which states that motorists should not proceed with a U-turn when it interrupts oncoming vehicles, is unsafe to execute, or is prohibited by signage. Outside of these restrictions, Florida statutes allow U-turns.
Common Locations Where Illegal U-Turns Occur
Most of the time, illegal U-turns occur in locations where drivers are attempting to reach their destination more quickly. This can be because they’ve missed a turn and are looking to correct that. It also happens because the cut-through or intersection is the closest to their destination, and pulling a U-turn is the fastest way to get where they’re going. Unfortunately, drivers performing illegal actions in a hurry frequently cause auto accidents.
Causes and Consequences of Illegal U-Turn Accidents
The most common causes of illegal U-turn accidents are drivers trying to get where they want to go without regard for the safety of others on the road. In doing so, they breach their duty of care and break the law. Sometimes, a driver may think it’s okay to do a U-turn because there’s no sign posted. But the other parts of the law would still apply.
For example, say a car is approaching an intersection with a green light and signals to turn left. Oncoming traffic also has a green light, meaning left turns should yield. Instead, the driver tries to speed through a U-turn only to strike a vehicle heading in the opposite direction as it passes them. The driver violated the law because their turn interfered with traffic flow.
Poor weather conditions can make what would otherwise be an acceptable U-turn into an illegal one by disregarding the safety component of the law. A lot of violations happen because the driver lacks situational awareness. They know what light they have and can see where oncoming traffic is, but they can’t see the traffic signals for other cars throughout the intersection. And sometimes, they simply fail to look around sufficiently.
When a driver fails in their duty of care, meaning they behave in a way that’s outside what a reasonable person would do in the situation, and they know that what they’re doing is illegal, they’ve exhibited negligent behavior. Proving negligence is key in car accident lawsuits, and it’s particularly challenging in illegal U-turn cases.
One wrong decision can have a serious impact on victims and their families. A negligent driver can cause significant U-turn accident injuries in moments, leaving those who are hurt to face consequences that aren’t their fault. In the worst cases, someone loses their life, and loved ones are pursuing wrongful death charges.
U-turn accidents can be T-bone, side, rear, or head-on collisions. Depending on the speed of the vehicles and the force of the crash, injuries can range from minor bruising and scrapes to broken bones to traumatic brain injury (TBI) or spinal damage to loss of limb or life.
Liability and Fault in Illegal U-Turn Accidents
As a no-fault state, Florida requires its drivers to carry personal injury protection (PIP) insurance policies. This is the first place accident victims should file claims after a car accident in Florida. It covers a portion of medical bills, lost wages, household needs, and death benefits if needed.
Determining Fault in an Illegal U-Turn Accident
U-turn accident fault usually lies with the driver who made the illegal maneuver. The damage to each vehicle should show the point of impact, and witness statements can help prove your case. However, if you bear any fault in the accident, like maybe you were responding to text messages on your phone instead of paying attention to the road, that will be included in fault statements.
Florida’s Comparative Negligence Law
Florida comparative negligence is determined by one of two laws. Older laws are used for accidents before March 24, 2023. On that date, House Bill (HB) 837 went into effect, changing applicable laws from pure comparative negligence to modified comparative negligence with a 50% bar rule.
How Liability Affects Compensation
Determining fault is a key factor in deciding illegal U-turn liability. If your accident is governed by pure comparative negligence, you can counter-sue the other drivers for any percentage of fault that isn’t yours. Under modified comparative negligence with the 50% bar rule, you can only pursue damages if your percentage of the U-turn accident fault is less than half.
How a Florida Illegal U-Turn Car Accident Lawyer Can Help
Proving fault in a Florida illegal U-turn injury case isn’t easy. While you may be able to prove where the other driver struck your car, who is at fault can still be questionable.
The Role of a Car Accident Lawyer in U-Turn Cases
Car accident attorneys secure evidence to argue your U-turn car accident claim against the at-fault party. They protect your legal rights while seeking a fair settlement for your emotional distress and medical expenses.
Gathering Evidence to Support Your Claim
In any accident with serious injuries, it can be hard to collect important evidence for your eventual claims. If you can, get what proof you can or have someone else do that for you. Sometimes, it’s a friend or family member. Other times, you may be able to share contact information with a person on the scene who can send you files later.
Evidence that will help your illegal U-turn accident claim can include:
- Photos/videos of the accident scene, all vehicular damage, and any property damage
- Witness statements
- Police reports
- Medical records and documentation of injuries/symptoms
- Receipts for out-of-pocket expenses (repairs, medical visits, medications, etc.)
Negotiating with Insurance Companies
Insurance companies are in the business of making money, and they’re very protective of their bottom line. When you speak to an insurance representative, whether an agent, adjuster, or attorney, know that their primary goal is to ensure their company keeps your payout as small as possible. Any questions they ask or comments they make are designed to encourage you to say things they can use against you in a settlement.
As Florin|Roebig lawyer Shaun Cummings says, “When you try to negotiate with an insurance company, you open yourself to costly mistakes. When a trusted attorney negotiates with an insurance company on your behalf, they protect your rights, including your right to a payout that covers your damages. Let a Florin|Roebig car accident lawyer help with a free consultation.”
Taking Your Case to Court if Necessary
When insurance companies put off paying claims or continue offering low settlement amounts, it’s time to take them to court. If you’re not getting the right numbers from the at-fault driver’s attorney, we’ll put our arguments before a judge and jury.
Why Choose Florin|Roebig for Your U-Turn Accident Case?
Florida attorneys litigate some of the highest numbers of personal injury lawsuits each year, which has to do with billions of visitors and a large resident population. With this many cases at any given time, there are plenty of law firms to choose from.
What makes Florin|Roebig the best? Here are the top five reasons to work with us:
- Florida is our home state, and we’ve proudly served Floridians for over 30 years.
- We use a state-of-the-art mock courtroom and an on-site printing service to maximize our efforts on each case.
- We also use these facilities to give back to other law schools and upcoming law students.
- We’ve won some of the highest awards in the country for personal injury lawsuits.
- Our winnings total over $1 billion to date in favor of our clients — these amounts have made a huge difference for the people who depend on our ability to get them a fair settlement.
We’re confident that our experienced car accident lawyers are among the best because our standards accept nothing less. We work tirelessly, and clients become a part of our family. We provide personalized legal support tailored to the specific needs of your case and connect you with local resources to help with life challenges while you wait for your payout.
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The Legal Process for Filing a U-Turn Accident Claim
U-turn accident claims can vary somewhat, but they generally follow a certain order to meet the legal process requirements.
The steps for filing a U-turn accident claim may include:
- Initial consultation and case evaluation: An attorney reviews your case with you, interviews you about the events, and goes over any documentation you provide.
- Filing a claim and necessary documentation: When the attorney determines that you have a valid claim, they file with the courthouse and submit all required documentation to prove your eligibility.
- Understanding the timeline for U-turn accident cases: The complexity of your case, including the severity of your injuries and damages, can add time to your claim.
- Potential challenges in U-turn accident cases: Insufficient evidence for your claim and bearing a high percentage of fault for the accident can hurt your case.
Compensation You May Be Entitled to After a U-Turn Accident
The types of compensation you’re eligible for after a U-turn accident can vary. A case review with a qualified legal team like Florin|Roebig can determine what damages apply to your situation.
In general, these are the types of compensation you may be entitled to after a U-turn accident:
- Economic damages – These translate directly. For example, if your medical bills equal $100,000 and you’ve lost another $40,000 from being unable to work, your economic damages would total $140,000. In some cases, a multiplier can be applied to this number.
- Non-economic damages – These are more loosely translated. Emotional distress, pain and suffering, loss of companionship, etc., don’t have a direct association with a specific dollar amount. We must convert these factors to money for the other side and the court.
- Punitive damages – These are meant strictly to punish the at-fault party. While we can request punitive damages, they’re assigned at the discretion of the judge or jury handing down verdicts. Although the plaintiff usually receives the award, it’s meant as punishment for the defendant’s guilt rather than reimbursement of the plaintiff’s loss. They’re also uncommon.
Factors That Can Affect Your Settlement Amount
This is the more challenging part. Your settlement amount is determined by what can be proven. For example, if you have insufficient evidence or your attorney fails to present your case convincingly, your accident compensation will reflect those circumstances.
Insufficient evidence can be missing receipts or bank statements that show what you’ve paid in medical care for accident injuries. Working with an attorney who lacks experience or knowledge or has too high of a caseload means you run the risk of depending on someone who can’t do the job you’ve hired them for.
Your liability is one of the settlement factors with a high chance of decreasing your claim valuation. Any fault assigned to you is a percentage of your settlement gone. Sometimes, it means you’re ineligible for any compensation.
Working with a Florida law office like Florin|Roebig is so important. We have extensive car accident case law expertise and don’t overload ourselves with clients. When you or a loved one is hurt by a driver making an illegal U-turn, we care for your legal needs.
FAQs About Illegal U-Turn Accidents in Florida
What Should I Do Immediately After an Illegal U-Turn Accident?
- Assess all injured persons, offer assistance, and call 911.
- Move all driveable vehicles out of the lanes of traffic.
- Take pictures and videos of the scene and vehicles.
- Avoid admitting fault or apologizing for the accident.
Can I Still Recover Damages If I Was Partially at Fault?
The short answer is yes. The longer answer depends on when your accident occurred and how much of it was your fault.
How Long Do I Have to File a Claim in Florida?
If your accident happened before March 24, 2023, you have four years from the accident or from the date you discovered an accident-related injury to file a claim in Florida. If your accident happened after March 24, 2023, the statute of limitations is two years from the accident or date of discovery.
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Contact Florin|Roebig For Your U-Turn Accident Case
Many of Florin|Roebig’s car accident attorneys are board-certified, and we provide multiple options for reaching out to us.
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