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Sarasota Accident Attorney On Proving Liability For Intersection Accidents


You have been involved in an intersection accident in Sarasota, Florida. As you pursue legal action and seek compensation, you quickly realize that liability laws vary across states. Research into Florida statutes reveals specifics on legal responsibilities and how they differ from other locations. Understanding these details are critical when building your case. An experienced Sarasota auto accident attorney can help you handle this complex legal landscape. With their expertise, you improve your chances of identifying liable parties and maximizing your claim’s value. Locating knowledgeable local counsel also prevents you from overlooking state-specific provisions that impact your rights and options. We will explore key aspects of Florida liability laws for intersection collisions so you can make informed decisions when seeking justice.

Intersection Accidents Frequently Occur In Sarasota

  • Fruitville Road and North Washington Boulevard (US 301): This intersection sees a lot of traffic, including both local and through traffic, making it a hotspot for collisions.
  • Bee Ridge Road and South Tamiami Trail (US 41): Another busy intersection, where the volume of vehicles combined with complex turning lanes increases the risk of accidents.
  • University Parkway and North Tamiami Trail (US 41): Near the Sarasota-Bradenton International Airport, this intersection is a key point for commuters and travelers, leading to frequent congestion and accidents.
  • Beneva Road and Clark Road: This intersection is a common area for rear-end collisions and side-swipes due to heavy traffic flows, especially during rush hours.
  • Honore Avenue and Webber Street: Known for its residential traffic and school zones, this area requires drivers to be extra cautious, though accidents still occur.

Liability Laws Vary by State for Intersection Accidents

Auto accident liability laws differ in each state. In Florida, liability for intersection collisions follows “Modified Comparative Negligence” rules. This means that if multiple parties are found negligent in an intersection accident, damages are apportioned according to the percentage of fault assigned to each party.

Traffic Laws and Signage

In Sarasota, traffic laws dictate which vehicle has the right of way at intersections. Failure to obey traffic signs or signals can result in a driver being found predominantly at fault. For example, a driver who runs a red light and hits another vehicle in the intersection will typically bear most, if not all, of the liability.

Degree of Negligence

The degree of negligence of each driver involved in the accident determines the apportionment of fault. If one driver was speeding or distracted when the collision occurred, they may bear a higher percentage of liability. The specific circumstances surrounding the accident, traffic conditions, time of day, and other factors are all considered when assigning fault.

In some cases, liability may be split, especially if negligence on both sides contributed to the accident. Insurance companies and the courts determine the precise allocation of fault based on details from police reports, witness statements, photos of the accident scene, and other evidence. The outcome can have significant financial implications, impacting the compensation received by each party.

Understanding how liability laws apply to intersection accidents in your state is important. In Florida, working with an experienced accident attorney is the best way to determine fault, pursue fair compensation, and protect your legal rights after an intersection collision. They can conduct a thorough investigation and build a strong case on your behalf.

Determining Fault in a Sarasota Intersection Accident

Right of Way

In Sarasota, the right of way at intersections is determined by Florida Statute 316.123. The statute states that drivers must yield to vehicles already in the intersection and to vehicles approaching from the right. Therefore, any driver who fails to yield the right of way to a vehicle already in the intersection or approaching from the right may typically be found at fault in an accident.

Traffic Control Devices

Traffic control devices like traffic lights and stop signs also determine which driver has the right of way. If a driver runs a red light or fails to stop at a stop sign, that driver would usually be considered at fault for any resulting accident. The police will analyze the traffic control devices at the intersection and any witness statements or video evidence to establish whether a driver violated the device.

Evidence Collection

The Sarasota police thoroughly investigate intersection accidents to determine fault based on all available evidence. They will analyze skid marks, debris fields, and damage to the vehicles. They will also interview the drivers and any witnesses to understand the sequence of events leading up to the collision. The police use all this information to issue citations to at-fault drivers when appropriate and to determine liability.

There are clear guidelines in place in Sarasota regarding right of way and proper driving behavior at intersections. Drivers who fail to follow these guidelines and regulations may face legal consequences for causing an accident. By understanding the rules of the road and exercising caution at intersections, drivers can avoid liability in the event of an accident.

Common Causes of Intersection Accidents in Sarasota

Inattentive Driving

A leading cause of intersection collisions in Sarasota is distracted or inattentive driving. Drivers who take their eyes off the road to look at mobile devices, change the radio station, or tend to passengers are at a higher risk of crashing into other vehicles or pedestrians at intersections like Tamiami Trail and Bahia Vista Street. Failing to stop fully at stop signs or red lights due to distraction is a frequent contributing factor.

Disregarding Traffic Signals

Some drivers will enter an intersection at high speeds to try and “beat the light” at the last second. This negligent behavior endangers all vehicles and pedestrians present. Blatantly running red lights or stop signs at intersections like Fruitville Road and Honore Avenue is illegal and puts lives at risk.

Making Improper Turns

Left turns at busy intersections can be particularly dangerous if not executed properly. Drivers making left turns must yield to oncoming traffic and pedestrians, but sometimes turn into the path of other vehicles due to impatience or misjudging the speed and distance of oncoming traffic. Failure to use turn signals, turning into the incorrect lane, and turning too quickly in front of other vehicles are common improper turning behaviors that cause intersection accidents.

Adverse Weather Conditions

Inclement weather like heavy rain, fog, and sun glare can diminish visibility and reduce traction for vehicles at intersections. When road conditions are compromised by weather, drivers must exercise additional caution, reduce speeds, and increase following distances to avoid rear-ending other vehicles or crashing due to hydroplaning or skidding. Failure to adapt driving behavior to adverse weather is a frequent contributing factor in intersection accidents.

The attorneys of Goldman, Babboni, Fernandez, Murphy & Walsh have extensive experience handling intersection accident claims resulting from negligent driving behaviors as well as dangerous road conditions. Our firm can determine liability and fight to recover compensation for injuries and damages.

Who Is Liable in Different Scenarios for Sarasota Intersection Accidents

Negligent Drivers

Drivers who fail to exercise reasonable care and caution can be held liable for intersection accidents in Sarasota. For example, a driver speeding through a red light at the intersection of Fruitville Road and Cocoanut Avenue could be considered negligent. The speeding vehicle strikes a vehicle properly turning left on a green arrow, injuring the other driver. The negligent driver would likely be held primarily liable in this scenario.

Defective Traffic Control Devices

In some cases, the government agency responsible for the intersection can share liability. If a traffic light is found to be malfunctioning or defective at the time of an accident, such as at the intersection of Ringling Boulevard and Shade Avenue, the agency tasked with maintaining the signal may be partially liable for damages. Plaintiffs would need to prove the agency had notice of the defect and failed to remedy it within a reasonable time frame.

Failure to Yield

Accidents where one driver fails to yield the right of way to another vehicle with the right of way can result in shared liability. For example, if a vehicle turning left from Fruitville Road onto Cocoanut Avenue fails to yield to oncoming traffic with a green light, striking another vehicle, the turning driver would typically be the majority at fault. However, the oncoming vehicle may share a small portion of liability for failing to take evasive action to avoid the collision if possible. The exact percentages of liability in such situations depend on the specific circumstances of the crash and vary across states.

Determining liability in Sarasota intersection accidents depends on various factors, including which vehicle had the right of way, whether any drivers were negligent or distracted, and if all traffic control devices were functioning properly. Plaintiffs seeking compensation for injuries and damages will need to conduct a thorough investigation to identify all potentially liable parties. An experienced Sarasota car accident attorney can evaluate the details of an intersection crash and advise clients on the best course of legal action.

Why Hiring a Sarasota Auto Accident Attorney Can Help After an Intersection Crash

Expertise in Local Traffic Laws and Regulations

The traffic laws and regulations surrounding intersection accidents can vary significantly between locations. An attorney well-versed in the specifics of Florida traffic codes, especially those governing the Sarasota area, can determine who is truly liable in a complex intersection crash. They understand how the design of certain intersections, traffic controls in place, and right-of-way laws in the state apply to your unique accident.

Ability to Investigate the Accident Thoroughly

Conducting a thorough investigation of an intersection accident requires time, resources, and experience that most individuals lack. An attorney has the means to analyze police reports, interview witnesses, consult accident reconstruction experts if necessary, and visit the intersection in question to gain a full understanding of how the crash occurred. They can use their findings to build a strong case and negotiate the best possible settlement with insurance companies.

Skilled Negotiators to Obtain Maximum Compensation

While some intersection crashes result in clear-cut liability, many involve shared fault or negligence on multiple sides. Insurance companies may try to take advantage of confusion over liability to minimize the compensation they offer victims. An experienced attorney knows how to strengthen your claim, negotiate from a position of strength, and fight for compensation that fully accounts for your damages, injuries, pain and suffering.

Free Initial Consultations to Review Your Case

Most reputable personal injury law firms offer free initial consultations to review the details of an intersection accident and determine if you have grounds for a viable claim. Speaking with an attorney shortly after your crash can help ensure that critical evidence is preserved and the proper steps are taken to protect your legal rights. Though hiring an attorney is not mandatory, their guidance can be invaluable for achieving justice and financial recovery.

Contact the law firm of Goldman, Babboni, Fernandez, Murphy & Walsh in Sarasota, Florida

To determine liability in an intersection accident in Sarasota, FL, contacting an experienced attorney is advisable. The law firm of Goldman, Babboni, Fernandez, Murphy & Walsh has 11 offices across Florida, including a location in Sarasota. With over 345 reviews and decades of experience, their attorneys are well-versed in Florida’s liability laws regarding motor vehicle accidents.

Intersection Design

The design and infrastructure of an intersection can impact liability. For example, an intersection with obstructed visibility, confusing traffic controls, or improper signal timing may share some liability in an accident. At the intersection of Fruitville Road and Tuttle Avenue in Sarasota, overgrown landscaping has previously been found to contribute to poor visibility. The firm’s attorneys would investigate the specifics of the intersection’s design to determine shared fault.

Traffic Controls

Traffic controls like traffic lights, stop signs, and yield signs establish right of way at intersections. Failure to obey these controls will typically result in majority liability for the violating driver. For example, a driver who runs a red light at the intersection of University Parkway and Cooper Creek Boulevard in Sarasota would likely be found primarily at fault for any resulting accident. The firm’s attorneys analyze police reports to determine which driver had the right of way according to traffic controls.

Liability in intersection accidents depends heavily on location. Florida’s laws differ from other states, so finding a local attorney experienced in automobile accident litigation is key. The attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh have a successful track record handling intersection accident cases in Sarasota and throughout Florida. To discuss your case in a free consultation, contact them at 941-954-1234 or visit their office at 2822 University Pkwy, Sarasota, FL.

As we have seen, liability laws for intersection accidents can vary widely between states. It is crucial that drivers in Sarasota understand Florida’s regulations, which establish who is at fault when collisions occur. By yielding properly, obeying traffic signals, and taking care when turning, you can reduce your chances of causing an accident. However, if you are injured, be sure to consult a qualified attorney, like those at Goldman, Babboni, Fernandez, Murphy & Walsh. They have the expertise to determine liability under Florida law and get you the compensation you deserve. With knowledge and representation, Sarasota drivers can stay safe on the roads.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Sarasota  Accident Attorney On Proving Liability For Intersection Accidents

Goldman Babboni Fernandez
Murphy & Walsh




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