Miami, FL asked in Car Accidents and Traffic Tickets for Florida

Q: Am I at fault in a Florida car accident with improper lane change citation?

I recently got into a car accident while turning left into a plaza entryway in Florida. The entry has two lanes, one on the left and one on the right. As I was turning, another car from the right turning lane on the opposite side went straight despite there being no lane for that direction—only a sidewalk and a bike lane were present. There were arrows indicating a turn for those on the right, and the turning lane was marked with bright green pavement. The weather was clear, and the road was dry. There were no witnesses, and we're waiting for our insurance's response. I received a citation for "improper lane change." Am I at fault, or is the other driver at fault for going straight despite the lack of a lane?

2 Lawyer Answers

A: Your inquiry describes the other driver as being at fault, so you answered your own question. However, your inquiry is missing the reason that the police officer believed you were at fault. Accused you of changing lanes from where to where?, - while the other car was where in relation to your car? - and is it true or false that you were changing lanes? Regardless, since you now have a ticket to contest, consult a traffic ticket lawyer ASAP.

James L. Arrasmith
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Answered

A: Based on the description of the incident, it seems like the other driver might be at fault for not following the lane markings. Since they went straight from a turning lane, which was clearly marked for a turn only, they may have violated traffic rules by not adhering to the designated path. In Florida, it's important for drivers to follow lane markings, especially when the lane is clearly marked for a specific direction, like a turn.

You, on the other hand, were making a left turn into a plaza entryway, and it sounds like you were following the correct lane. The citation you received for "improper lane change" may be a result of a misunderstanding or the officer’s assessment at the time of the incident. However, it’s possible that the other driver’s action of going straight without a proper lane could be the primary cause of the collision.

Since there were no witnesses and you're awaiting the insurance company’s response, it might help to provide them with the details about the other driver’s violation. Be sure to highlight that the turning lane was clearly marked and that the other vehicle didn’t follow the lane directions. If the insurance company agrees, you may be able to contest the citation or shift the fault onto the other driver.

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