Who Has the Right of Way in Florida?

Did you know Florida has no law explicitly granting the right of way? It’s true. Florida laws only provide for when someone must yield the right of way to other drivers. The goal is to always encourage defensive driving.

For example, Florida Statute 316.121 states 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.” Notice how the law only indicates the person who must yield.

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…”

So remember, when you’re in a situation where you are unclear about right away, patience is always the correct answer.

Jim Dodson
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A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.