Tampa Left Turn Accident Lawyer

Quick Summary: Tampa Left Turn Accident Lawyer

• Florida Statute 316.222 defines motorists’ duty to yield right-of-way on the road.
• Florida follows a modified comparative negligence rule that bars recovery if fault is above 50%.
• There is a deadline of two years for accidents occurring on/after March 24, 2023.
• Important evidence in left turn accident claims includes logs, videos, photos, etc.

Left turns are a part of just about everyone’s daily commute, and yet they’re also some of the more underestimated causes of accidents. Darrigo & Diaz Personal Injury Attorneys knows how complex fault can be in these accidents, and provides dedicated guidance to residents in Tampa and across Hillsborough County.

If you’ve been injured in a left-turn accident along Westshore or Downtown, Attorney Nadine Diaz’s team is ready to help.

Who Is At Fault in a Tampa Left Turn Accident?

Florida has two statutes that are primarily used to determine fault in a left turn accident. These are Statutes 316.122 and 316.123.

As per Florida Statute § 316.122, drivers turning left at an intersection must yield the right-of-way to vehicles approaching from the opposite direction. This means if you’re turning left, any vehicle approaching from across the intersection (in front of you) has right-of-way.

Florida Statute § 316.123 provides additional context to help determine who should be moving when, particularly at a four-way-stop. Drivers, as per this statute, must come to a complete stop at the intersection before yielding to vehicles on the right.

Violation of either of these statutes counts as a non-criminal moving violation. However, violations do not immediately signal who is at fault; under modified comparative negligence rules, more than one person can be held responsible for an accident.

Modified Comparative Negligence in Tampa

Personal injury cases in Florida have operated under modified comparative negligence since March 24, 2023. Under Florida Statutes § 768.81(6), drivers are eligible for damages reduced by their degree of fault in the accident, up to 50% fault.

If a party is determined to be more than 50% at fault for an accident, they are barred from recovering any damages in a negligence claim.

When Is a Through-Driver At Fault in a Tampa Left Turn Crash?

Failure to yield right-of-way establishes that some negligence played a part. Different factors are considered on top of that baseline to determine who pays out what in a car accident.

Sometimes, even the through-driver (the driver traveling straight with the right-of-way) can be held responsible.

• Vehicle Speed: Was the car with the right-of-way traveling above the speed limit? If so, then they can be argued to have contributed to the accident to the same or even a greater extent than a vehicle executing a left turn with reasonable speed expectations from oncoming traffic.
• Traffic Signals: Traffic signals are meant to enforce how drivers are supposed to behave on the road. Bending the rules, i.e., performing a rolling stop into a left turn, can be used as an argument that a vehicle operator shares a greater degree of fault.
• Driver Impairment: If a driver is on the phone, or is under the influence of substances while behind the wheel of their car, they are far more likely to miss a vehicle performing a left turn.
• Travel Conditions: Left-turning drivers can be held less liable than through drivers depending on the weather and road conditions. Worn out signage and signals, or thick fog from November through March can be a massive risk for the safest drivers.

Multiple factors are often involved beyond these three: was there alcohol involved? Was a commercial vehicle involved? A Tampa personal injury lawyer studies these factors to get a clear picture of liability.

Evidence in a Tampa Left Turn Accident Case

Evidence is everything in an insurance claim, and some weigh more than others. Of course, you will want the typical police report, as it is often considered the official account of the incident, but beyond that, a Tampa left turn accident attorney can secure other forms of evidence to help your case.

Traffic Signal Logs

The Florida Department of Transportation employs automated traffic control systems along arterial roads. These systems feed FDOT real-time analytics on vehicle speeds and signal controllers, accurate down to a second.

Car accident attorneys in Tampa can access these records via a public records request online or (or via email). They can also subpoena FDOT and THEA for records upon filing a lawsuit.

Black Box Data

Close to 100% of modern cars include Event Data Recorders (EDRs) in their manufacturing. These black boxes store telemetry of the vehicle immediately before a crash.

Information that can prove useful in your case includes your speed, your braking behavior, your shifting behavior, and more. This goes hand in hand with an analysis from an accident reconstruction expert to help determine whether or not the insurance company’s assessment of fault is correct.

Witness Statements

Witnesses can provide statements that support your side of the story or counter that of another driver who might share a greater degree of fault. With the prevalence of smartphones and dashcams, it usually isn’t difficult to find footage that matches witness descriptions of an accident.

Sometimes, phone records can also be requested from witnesses, including passengers in other vehicles. If there are messages describing what happened, they may be used in your case.

How Long Do I Have to File a Tampa Left Turn Accident Claim?

Florida’s statute of limitations sets a general window of two years from the date of an accident to file a claim. This is true for both personal injury claims and wrongful death claims.

This two year statute has exemptions that may increase the amount of time an accident victim has.

The Discovery Rule

In cases where a victim’s injuries are not immediately discovered, the statute of limitations may be adjusted to start on the date that they were, or can reasonably be expected to have been.

The discovery rule typically applies to medical malpractice cases, rather than car accident cases, as for most vehicular crashes, the harm is obvious. Still, “hidden” injuries do happen, and if proven to be connected to a crash, can toll the statute of limitations.

Evasion and Fraud

If the person responsible for an injury actively attempts to avoid their responsibility by running from the plaintiff, or by hiding their identity, the statute of limitations can be paused until they are located or identified.

On top of facing civil lawsuits, a person attempting to prevent legal action risks facing criminal charges, especially in cases like hit-and-runs. Fleeing the scene of a crash where an injury or death occurred leads to a felony charge, with more tacked on if the offender attempts to avoid the police.

Legal Incapacity/Minority

If an accident victim is legally incapable of representing themselves, as is the case with minors, or, say, comatose or mentally handicapped individuals, the statute of limitations does not begin ticking down until they are able to do so.

For minors, this typically means they can file a claim up to two years after their eighteenth birthday. For the other examples, the deadline can be extended until the maximum upper limit, called the statute of repose, which is 7 years from the incident regardless of other factors.

Protect Your Legal Rights After a Tampa Left Turn Crash

Your ability to make a successful recovery after an intersection crash depends on a prompt and thorough investigation. Attorney Nadine Diaz, Board Certified Civil Trial Law Specialist by the Florida Bar, provides the guidance victims need to pursue claims in the Thirteenth Judicial Circuit of Hillsborough County.

Attorney Diaz’s team of intersection accident lawyers at Darrigo & Diaz Personal Injury Attorneys can help you understand and pursue your rights to compensation after a crash. If you need help, schedule a consultation when you call (813) 774-3341.

Tampa Left Turn Accident FAQ

How long do I have to file a left turn accident lawsuit in Tampa, FL?

You have two years from the date of most accidents to file a personal injury lawsuit or a wrongful death claim. In the case of the former, the statute of limitations may be tolled depending on several factors such as in the case of minors or when injuries are not immediately discovered after an accident.

If the other driver claims I ran a red light in Tampa, how can my attorney prove otherwise?

Common actions an attorney can take to counter the claim that you ran a red light include subpoenas for traffic signal logs, video evidence from surveillance cameras, EDR records, or simple eyewitness statements. Police reports also go a long way to supporting a case.

What if I am partially at fault under Florida law?

Provided you are not more than 50% at fault for an accident you are still entitled to some damages. If you are, then you are barred from recovering damages from other parties involved, and you will need other avenues of compensation.