In Florida, who has the right of way?  The answer is no one!  Florida has no law explicitly granting the right of way.  The law only says who must yield (give up) the right-of-way.  Every driver, motorcyclist, moped rider, bicyclist, and pedestrian must do everything possible to avoid a crash.  The goal is to always encourage defensive driving.

For example, Florida Statute 316.121 states in pertinent part that “the driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.”  Also, “when two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.”   There are other examples.  Again, note how the law only indicates the person who must yield.

Pursuant to Florida Statute 316.122, “The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard.” 

Another example is Florida Statute 316.123, which relates to vehicles entering stop or yield intersections. “After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway, or which is approaching so closely on said highway as to constitute an immediate hazard…”  Also, “at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed.  If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.”  Further,” the driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions.”  Again, there are other examples.  Please read the full statute and the Official Florida Driver License Handbook.

According to Florida Statute 316.125, “The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered which are so close thereto as to constitute an immediate hazard.”  And, “The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.”

In line with Florida Statute 316.126, if an emergency vehicle (police car, ambulance, fire truck, etc.) is approaching with sirens or lights on, you must get out of the way.  Motor vehicles, bicycles, and pedestrians all must yield the right of way to emergency vehicles.  One should pull their vehicle over to the nearest curb and wait there until the emergency vehicle has passed. If someone is passing a stopped emergency vehicle, they must move over so that there is an empty lane between their motor vehicle and the emergency vehicles or reduce their speed to 20 mph below the speed limit. Furthermore, emergency vehicle drivers are subject to traffic infractions as everyone else and must drive safely.

Consequently, remember, the operative word is “yield” when you are in a situation where you are unclear about right of way.  Patience and defensive driving are always the correct answer.

Florida law allows you to hold designers, manufacturers, suppliers, retailers, distributors, and others liable for the injuries you sustain from their products. Florida also allows family members to file a claim and collect compensation on behalf of a loved one who died in an incident caused by a defective or dangerous product. This area of law is known as Products Liability or Product Liability. It is where certain groups who make products available to the public are held responsible for the injuries and/or damages those products cause.

Defective products can range from items you would expect to be dangerous to those usually considered harmless. These items can include heavy machinery, cars, clothes, batteries, pharmaceutical drugs, firearms, elevators, and even children’s toys. The fact of the matter is that, if it is a product you can buy and a defect leads to serious consequences, liability can result.

If you have suffered personal injuries from a defective product, it can be difficult to know who is ultimately responsible. If all you did was buy a product at a store, is it your fault for buying it, is it the store’s fault for selling it or is the product’s company at fault for creating or manufacturing it? There are essentially three (3) categories of responsibility: design, manufacturing, and marketing.

Design defects occur when a product is inadequately planned in such a way as to pose unreasonable hazards to product users. The underlying basis for this theory of defect is that the product manufacturer should have adopted a design that would have reduced the risk of accidental injury. When a product has a design defect, the plaintiff or victim primarily sues because of negligence or strict liability. The negligence cause of action will allege that the manufacturer knew or should have known of the risk associated with the design.

Manufacturing defects are ones that were not intended in the design but can come along as a result of production. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumers expect the product to be. These could be widespread defects or ones that only end up happening to a single product in a line of millions. Manufacturing defects include incorrectly attached parts, improperly installed electrical circuits, improperly manufactured plastic or material and incorrect bolts or fasteners, among others. If you suffered a personal injury because of an unintended missing or added part, that may be a manufacturing defect.

Marketing defects typically stem from failing to warn or explain elements of a product that are potentially dangerous. It occurs when a product has inadequate warnings or instructions regarding its proper use. The manufacturer of a product has a duty to warn its users of dangers that are not obvious. For instance, if a drug or medication does not contain a warning that it should not be taken in combination with another drug, that is a marketing defect. If you were to unknowingly take that it alongside another, you could suffer damages or personal injuries. One of the most famous cases involving a marketing defect is the “Big Tobacco” lawsuits of the 1990’s. The issue at the heart of these lawsuits was that tobacco companies knew their products were addictive and caused lung cancer, but they did nothing to disclose or warn consumers of those known risks. One of the consequences of the Big Tobacco litigation was requiring companies to put clear warning labels on cigarette cartons.

For all these types of defects, you can choose whether to file a lawsuit for yourself or for a larger community affected (i.e., class action). For instance, if you purchased a product that failed after one month of use due to a design defect, and it happened to others, you might have a case involving a class action lawsuit against the responsible business. If you won or favorably settled the lawsuit, everyone who had purchased that same product would share in the recovery of the settlement for said class. However, often, personal injury cases are personal to the individual victim who suffered the damages.

Some product defects can seem innocuous, imprudent, pointless, or frustrating, but if you are injured by them, you should contact a lawyer to discuss your rights and options. If you have been injured as the result of a defective product, CALL CASERTA & SPIRITI immediately.

In Florida, an employer as well as vehicle owner is legally responsible for acts of their employees committed within the “course and scope of their employment” when the employee injures someone who is not a fellow employee and under the “permissive use” doctrine when the driver of your car injures an innocent third party. The doctrine applies only when the owner allows the driver to operate the vehicle (“permissive use”). Therefore, if your vehicle is being operated without your permission, the doctrine does not apply. For example, if your vehicle is stolen and subsequently involved in an accident, you are not liable under the doctrine. What is the Florida Dangerous Instrumentality Doctrine? Dangerous instrumentality refers to the doctrine that holds the owner of an inherently dangerous tool or vehicle responsible for any injuries or damage the tool or vehicle might cause. This legal concept is also known as vicarious liability. Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency or respondeat superior, the responsibility of the superior for the acts of their subordinate 

So many different theories or doctrines to consider, which means in Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver’s vehicle personally or the company employer. Even if the at-fault driver has insurance, the injured person can still file a lawsuit for their damages against both the at-fault driver and the vehicle owner or employer.

However, as it affects an individual Floridian car owner versus a business-Whenever someone is driving your car with your permission, your car insurance will be primary. This means that if the permissive driver gets into an accident, your car insurance will cover the damage in much the same way as though you were driving it. Again, this generally only applies if you gave them permission to drive your car. This means that, provided the vehicle’s owner gave permission to drive their car and their policy does not specifically exclude said user, their insurance should cover the accident.

Because of the foregoing, when we settle with a driver who is underinsured, we request them to complete a Sworn Statement or Financial Affidavit, which asks whether they were in the course of employment or there are any other available policies of insurance at the time of the subject accident, which may provide additional coverage.

 If you have are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI before an unfortunate and unexpected accident occurs!!