Who has the right-of-way between a car and a motorcycle?
Motorcycle Accidents:
Who has the right-of-way between a car and a motorcycle?
In Florida, cars and motorcycles have the same rights and responsibilities on the road. That means:
Neither automatically has the right of way just because of the type of vehicle they’re driving.
The right-of-way is determined by the situation, not the vehicle type.
Here are some examples:
- At a four-way stop: The first vehicle to stop has the right of way, whether it's a car or a motorcycle.
- Making a left turn: A car or motorcycle turning left must yield to oncoming traffic, regardless of whether that traffic is a car or motorcycle.
- Lane usage: Motorcycles are entitled to the full use of a lane. Cars can't crowd or share the lane with a motorcycle.
Also, under Florida law, failing to yield the right of way to a motorcycle is a moving violation and can come with penalties—especially if it causes a crash.
What should you do if you are involved in a motorcycle accident
1. Check for injuries (yours and others)
- If you’re conscious, do a quick self-assessment.
- Don’t try to remove your helmet if you suspect head, neck, or spine injuries—wait for paramedics.
- If you or someone else is seriously hurt, call 911 im
2. Get to a safe location (if possible)
- If you’re in a dangerous spot (like the middle of the road), and you can move safely, get out of harm’s way.
- Turn on hazard lights or signal to warn other drivers if you're able.
3. Call emergency services
- Even if injuries seem minor, it's smart to have a police report for insurance or legal purposes.
- Florida law requires you to report crashes that involve injury, death, or property damage over $500.
4. Document the scene
- Take photos of:
o Your bike
o Other vehicles involved
o Road conditions
o Injuries
- Exchange info with the other driver(s): name, insurance, plate numbers, contact info.
5. Get medical attention ASAP
- Always get checked out by a doctor—even if you feel okay. Adrenaline can hide serious injuries like internal bleeding or concussions.
6. Talk to a lawyer (especially if you're injured)
- Motorcycle riders are often wrongly blamed in crashes. A good motorcycle accident lawyer can protect your rights and help with insurance claims.
- Do not delay; there is a 2-year limitation period to file a lawsuit if necessary.
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www.thefriedman-lawfirm.com
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