Failing to make a left turn safely can not only warrant a traffic ticket in Miami, it can also place other drivers at risk of a serious car accident. If a driver hit your vehicle while making an unlawful left turn, you may be able to recover compensation for your damages.
The Miami car accident lawyers at the Law Offices of Anidjar & Levine can help you build a viable case that holds the at-fault driver liable for your financial losses. If you have questions about recovering compensation, call us to schedule a complimentary legal consultation with a left-turn accident lawyer in Miami, FL.
Florida’s Left-Turn Laws
Florida requires drivers making left turns to proceed with caution and follow the road rules to make lawful left turns. Per Florida statutes §316.122 and §316.151, drivers must:
- Use the extreme left lane to make a left turn;
- Yield the right-of-way to vehicles coming from the opposite direction;
- Yield the right-of-way to vehicles passing on the left; and
- Yield the right-of-way to pedestrians lawfully in an intersection or crosswalk.
The laws apply to making left turns in an intersection, alley, private road, or driveway.
Proving Negligence in Left-Turn Accidents
Our firm can help you prove negligence in your left-turn accident. To do this, we must collect evidence to show that the driver had a duty to exercise care when making a left turn, but they breached this duty. We may show that the driver violated this duty with such negligent behavior as:
- Drunk driving or driving under the influence of drugs;
- Failing to yield the right-of-way to oncoming cars;
- Talking on the phone;
- Sending or reading text messages; or
- Ignoring traffic signals or signs.
We must also prove that the driver’s negligence caused an accident. To prove negligence and causation, we may secure:
- A police report of the accident;
- Traffic camera video or surveillance video from nearby businesses;
- Photographs and other helpful documentation;
- Eyewitness testimony;
- Your medical records to show the severity of your injuries; and
- The driver’s record, which may have previous citations.
We will also show how you incurred damages because of the accident. We know what type of evidence to collect to help you build a solid case for your insurance claim.
Shared Fault in a Left-Turn Accident
Generally, left-turn drivers are at fault when an accident occurs. However, the at-fault driver and the driver’s insurance company may claim that the injured driver shared fault in the accident. In left-turn accidents, the car driving straight may have run a red light, ignored a stop sign, or sped through the intersection. Florida’s comparative fault law will apply in these cases.
Comparative fault allows a claimant to recover damages based on that person’s percentage of fault for the accident. For instance, if a driver is seeking compensation for $10,000, but they were 20 percent at fault for causing the accident, they will only receive $8,000.
We can help you fight allegations of shared fault if you believe you did not contribute to the accident. You may have to pay more out-of-pocket costs for your damages without an attorney.
Recovering Damages in a Left-Turn Accident Case
A car accident can result in serious bodily injuries that require long-term medical treatment. Because of this, you may lose income since your injuries prevent you from working. If this happens, you may qualify for a variety of damages that include:
- Medical bills;
- Hospital bills;
- Emergency transport costs, if you took an ambulance;
- In-patient rehabilitation costs;
- Physical therapy;
- Lost wages;
- Loss of earning capacity;
- Assistive mobility devices, like wheelchairs, walkers, and motorized scooters;
- Car repair costs; and
- Funeral expenses if your loved one died in the crash.
You can also pursue compensation for non-monetary losses, such as pain and suffering, emotional distress, physical disfigurement, or mental anguish.
Recovering Compensation in a No-Fault State
Florida is a no-fault state when it comes to automobile accidents. You must recover compensation from your personal injury protection (PIP) coverage. Florida law requires vehicle owners and drivers to carry at least $10,000 in PIP coverage to pay for their medical bills, lost wages, and other damages.
Depending on your injuries and other accident factors, your PIP policy limits may not pay for all of your damages. If you suffered serious injuries in the crash, you could qualify to pursue additional compensation from the at-fault driver. Our attorneys can review your medical information to see if you qualify for these damages.
Filing and Negotiating an Insurance Claim
If you meet the serious injury requirement, we will make a car insurance claim with the at-fault driver’s insurance company on your behalf. Our goal is to negotiate a fair settlement with the auto insurer without having to go to trial. In most cases, we can settle left-turn accident claims out of court. However, there are times when it may be necessary to file a Miami personal injury lawsuit and present the case to a judge or a jury.
Florida Sets a Deadline to File Personal Injury Lawsuits.
Florida’s statute of limitations gives you four years to file a personal injury lawsuit after a car crash. This may seem like plenty of time to pursue compensation, but it may take months to obtain medical records, collect relevant documentation, and interview witnesses. Contact an attorney as soon as possible to avoid forfeiting your right to take legal action.
Let a Left-Turn Accident Lawyer Help You.
The attorneys at the Law Offices of Anidjar & Levine know what it takes to build a strong case after a left-turn car crash. We work hard to secure the compensation our clients deserve.
If you suffered serious injuries in a left-turn accident, call us today for a free case evaluation. Our firm works on a contingency fee basis, which means you do not pay us anything until we reach a settlement in your case.
We Can Help.
