If you were hit while making a left turn in Florida or if someone else was turning left and struck you your case will likely hinge on who had the right of way and how much fault each driver shares. That’s where Florida Statute 316.155 comes in: it defines when a driver turning left must yield to oncoming traffic. But because Florida follows a comparative negligence rule, even if you’re partly at fault, you can still recover damages just reduced by your percentage of fault. A Florida attorney for left turn accident victims navigating comparative negligence under Florida Statute 316.155 helps make sure that percentage is fair, backed by evidence, and not inflated by insurance adjusters.

What does Florida Statute 316.155 actually say?

Section 316.155(1) states: “The driver of a vehicle intending to turn left within an intersection… shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard.” In plain terms: if you’re turning left across traffic, you must wait until it’s safe not just legal to do so. “So close as to constitute a hazard” isn’t about distance alone; it includes speed, visibility, road conditions, and whether the oncoming driver could reasonably stop. For example, if you begin your left turn when an oncoming car is two seconds away and they’re traveling 45 mph on a wet road that’s likely a hazard, even if they’re technically “far enough” on paper.

Why does comparative negligence matter in left turn cases?

In many left turn crashes, both drivers point fingers. The left-turning driver says, “They were speeding.” The oncoming driver says, “They just pulled out.” Under Florida’s pure comparative negligence law (Florida Statute 768.81), fault can be split 50/50 or 90/10 or any combination. Your recovery drops by your share of fault. So if a jury finds you 30% at fault and your damages total $100,000, you get $70,000. Insurance companies often try to assign more fault to the left-turning driver sometimes up to 100% even when evidence shows otherwise. That’s why having a Florida attorney for left turn accident victims navigating comparative negligence under Florida Statute 316.155 matters: they gather dashcam footage, traffic signal timing data, witness statements, and scene photos to challenge unfair fault assignments.

What are common mistakes people make after a left turn crash?

  • Telling the insurance adjuster, “I think I misjudged the gap” without knowing how that statement may later be used to support 100% fault;
  • Assuming the left-turning driver is always at fault, even when the oncoming driver ran a red light or was texting;
  • Waiting weeks to contact a lawyer, missing critical evidence like traffic camera footage (which many municipalities delete after 30 days);
  • Accepting a quick settlement before getting a full medical diagnosis especially important if symptoms like dizziness or memory issues appear later, as can happen with traumatic brain injury.

If you’ve been injured in a left turn crash and have a history of prior head injuries, those details affect how your current symptoms are evaluated. Our team has worked with clients who needed specialized attention due to traumatic brain injury history, where subtle changes in cognition or reaction time became central to proving ongoing impairment.

How do lawyers prove fault under 316.155 in practice?

It starts with reconstructing the moment of impact. We look at: the posted speed limit vs. actual speeds (using skid marks or EDR “black box” data); whether traffic signals were green, yellow, or red for each driver; sight lines blocked by parked cars or landscaping; and whether the left-turning driver had a protected left-turn arrow. If the crash involved a commercial truck, factors like longer stopping distances and blind spots become part of the analysis we’ve handled cases where the truck driver claimed the passenger car “came out of nowhere,” but video showed the car waited through two green cycles before turning on a permissive green. You can read more about how we represent drivers in those situations here.

What if someone died in the crash?

When a left turn accident results in death, Florida’s wrongful death statute applies alongside 316.155 and comparative negligence rules. Fault still matters but now, family members may seek compensation for funeral costs, lost wages, and loss of companionship. Juries still assign percentages, but the stakes are higher, and the timeline for filing is strict (two years from date of death). If you’re grieving a loved one killed in a left turn collision in Tampa or elsewhere in Florida, our team handles these claims with focused attention on both legal accuracy and human dignity like in our work on wrongful death claims in Tampa.

Next step: Get your version of events documented now

You don’t need to know your exact percentage of fault today. But you do need to preserve evidence while it’s still available. Take photos of vehicle positions, skid marks, and traffic signs. Note the time of day, weather, and whether you saw the other driver’s headlights or brake lights. Write down names and contact info for witnesses even if they only saw part of what happened. Then call a lawyer who regularly handles left turn cases under Florida Statute 316.155. They’ll review police reports, request traffic camera footage, and help determine whether your share of fault is being fairly assessed or unfairly inflated.

For reference, the full text of Florida Statute 316.155 is available on the Florida Senate website.