Car Accident Causes and Florida Law

The cause of a car accident is central in determining the responsibility of the respective drivers. Florida Statutes are usually involved in determining fault and violations. Here are the most common reasons for automobile accidents in the Fort Myers area:

Distracted Driving

Distracted driving involves any activity that takes a driver’s attention away from the road. This can include texting, talking on the phone, eating, adjusting the radio, or interacting with passengers. Even a few seconds of distraction can lead to severe accidents, as drivers may fail to notice changes in traffic, road hazards, or nearby pedestrians. Distracted driving remains one of the leading causes of accidents and is particularly common among young drivers.

• Applicable Law - Florida Statute 316.305 – Wireless Communications While Driving Law
  This statute, known as the "Florida Ban on Texting While Driving Law," prohibits texting, emailing, and other forms of typing on handheld devices while driving. Violations can lead to fines and add points to the driver's license if they cause an accident.

Driving Under the Influence (DUI)

Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, reaction time, and coordination, increasing the risk of serious accidents. DUI accidents often result in severe injuries or fatalities and can lead to criminal charges for the driver. This type of accident frequently occurs at night or on weekends, when alcohol consumption is higher.

• Applicable Law - Florida Statute 316.193 – Driving Under the Influence
  This statute makes it illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher or under the influence of drugs or alcohol to the extent that normal faculties are impaired. Penalties include fines, license suspension, and possible imprisonment, with harsher consequences for accidents involving injury or death.

Reckless Driving and Speeding

Reckless driving encompasses aggressive behaviors such as tailgating, weaving between lanes, or failing to signal. Speeding, in particular, reduces a driver’s ability to react to sudden changes and increases the force of impact in a collision, leading to more severe injuries. Both reckless driving and speeding are common causes of accidents, especially in urban areas with heavy traffic.

• Applicable Laws - Florida Statute 316.192 – Reckless Driving
  Reckless driving is defined as operating a vehicle with "willful or wanton disregard" for the safety of others. This includes aggressive actions like weaving through traffic and excessive speeding. Florida Statute 316.183 – Unlawful Speed This statute prohibits driving faster than posted speed limits and requires drivers to reduce speeds under certain conditions, such as heavy traffic or poor weather.

Failure to Yield or Obey Traffic Signals

Failure to yield the right of way or disobeying traffic signals often leads to dangerous intersection accidents. Common examples include running red lights, ignoring stop signs, or failing to yield to oncoming traffic when making turns. These behaviors put drivers and pedestrians at risk, and they are especially dangerous in high-traffic intersections where accidents are more likely to involve multiple vehicles.

• Applicable Laws - Florida Statute 316.123 – Vehicle Entering Stop or Yield Intersection This statute mandates that drivers must stop or yield at intersections with posted signs and only proceed when safe. Florida Statute 316.075 – Traffic Control Signal Devices This statute requires drivers to obey all traffic control signals, including stoplights, stop signs, and yield signs.

Tailgating (Following Too Closely)

Tailgating, or following another vehicle too closely, is a major cause of rear-end collisions. When a driver tailgates, they reduce their ability to react if the vehicle in front brakes suddenly. Tailgating accidents are common on highways and in stop-and-go traffic, where drivers may feel pressured to keep up with the flow of traffic but fail to maintain a safe distance.

• Applicable Laws - Florida Statute 316.0895 – Following Too Closely Also known as the "Anti-Tailgating Law," this statute requires drivers to maintain a safe following distance to prevent rear-end collisions, especially in heavy traffic or adverse conditions.

Unsafe Lane Changes

Unsafe lane changes happen when a driver switches lanes without signaling, checking blind spots, or yielding to cars already in the lane. This behavior can catch other drivers off guard, leading to sideswipe accidents and sometimes multi-vehicle collisions. Such accidents are common on highways where vehicles move at higher speeds.

• Applicable Laws - Florida Statute 316.085 – Limitations on Overtaking, Passing, Changing Lanes This statute makes it illegal to change lanes without proper signaling or without ensuring that it can be done safely, particularly when it affects other drivers.

Running Red Lights and Stop Signs

Running red lights or stop signs is a common cause of intersection accidents. This occurs when drivers disregard traffic signals and proceed through intersections without stopping or yielding. These accidents are often severe, as they frequently involve high-speed T-bone or side-impact collisions.

• Applicable Laws - Florida Statute 316.075 – Traffic Control Signal Devices
  This statute prohibits running red lights and requires all drivers to stop at stop signs until it is safe to proceed. Florida Statute 316.191 – Traffic Infractions Related to Signal and Stop Sign Violations Outlines penalties for violating traffic signal devices, including fines and points on the driver's license.

Inexperienced Driving

Inexperienced drivers, often younger individuals, may lack the judgment and skill required to navigate complex traffic situations. Inexperience can lead to poor decisions, such as misjudging distances, failing to anticipate other drivers’ actions, or panicking in stressful situations. Inexperienced driving contributes to a significant number of accidents, particularly among newly licensed drivers.

• Applicable Laws - Florida Statute 322.1615 – Teenage Driver Monitoring This statute pertains to Florida's Graduated Licensing Program for young drivers, aimed at minimizing inexperience-related accidents by restricting certain high-risk behaviors until they gain experience.

Weather Conditions

Adverse weather conditions, such as rain, fog, or strong winds, can reduce visibility and make roads slippery, increasing the risk of accidents. Drivers who fail to adjust their speed or drive cautiously in bad weather may lose control of their vehicles, leading to collisions. Wet or icy roads are common factors in multi-vehicle pile-ups and skidding accidents.

• Applicable Laws - Florida Statute 316.185 – Special Hazards; Speed Limitations This statute requires drivers to adjust their speed for road and weather conditions, such as rain, fog, and reduced visibility, to avoid accidents.

Driving While Fatigued (Drowsy Driving)

Drowsy driving is as dangerous as driving under the influence, as it impairs reaction time, attention, and decision-making. Fatigued drivers may drift between lanes, miss traffic signals, or fall asleep at the wheel. Drowsy driving accidents are common in long-distance driving, particularly among truck drivers or those traveling late at night.

• Applicable Laws - Florida Statute 316.1932 – Implied Consent for Impairment Testing Although there is no specific statute for drowsy driving, this statute supports the right to conduct tests if impairment is suspected. Drowsy driving can sometimes be handled under impaired driving laws if the driver is found to be unable to safely operate the vehicle.

Improper Turns

Improper turns occur when drivers fail to follow road signs or markings when making a turn, or they turn from the wrong lane. These errors can lead to collisions with oncoming traffic or vehicles in adjacent lanes. Improper turns are particularly risky at intersections and are a frequent cause of side-impact accidents.

• Applicable Laws - Florida Statute 316.151 – Required Position and Method of Turning at Intersections This statute outlines the proper ways to make left and right turns at intersections to avoid obstructing traffic or causing accidents. Violations include failing to signal and turning from the incorrect lane.

Road Rage and Aggressive Driving

Aggressive driving behaviors, such as tailgating, excessive honking, speeding, and cutting off other drivers, can escalate into dangerous situations. Road rage often leads to risky maneuvers and poor decision-making, significantly increasing the likelihood of collisions. This type of behavior is commonly seen in congested traffic and during rush hour.

• Applicable Laws - Florida Statute 316.1923 – Aggressive Careless Driving
  This statute identifies specific actions that constitute aggressive driving, such as following too closely, improper lane changes, speeding, and failing to yield. These behaviors are punishable with fines and other penalties.

Vehicle Defects or Mechanical Failures

Mechanical failures, such as brake failure, tire blowouts, or steering issues, can result in sudden loss of vehicle control. When drivers experience mechanical issues on the road, they may be unable to stop or maneuver safely, leading to accidents. Routine vehicle maintenance can reduce the risk of such failures, but defects may still occur unexpectedly.

• Applicable Laws - Florida Statute 316.610 – Safety of Vehicle; Inspection
  This statute mandates that vehicles must be in safe and operable condition and outlines inspection requirements for brakes, tires, lights, and other essential systems. Drivers are responsible for maintaining their vehicles to prevent mechanical issues that could lead to accidents.

Reach Out to Wolfson & Leon – Trusted Car Accident Lawyers in Fort Myers

If you or someone you love has been hurt in a car accident, the bilingual Fort Myers car accident lawyers at Wolfson & Leon are here to stand by your side. We proudly advocate for accident victims across Fort Myers, Cape Coral, Sanibel, Bonita Springs, Naples, Babcock Ranch, Fort Myers Beach, Estero, Lehigh Acres, and throughout the state of Florida.

Call us now at (239) 777-9954 for a free consultation. Let us help you pursue the justice and compensation you deserve.

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