POLICE OFFICERS WANTED..."Who has the right of way"

Also, you gonna tell is which one was you

 

U-turner has right of way in my mind. Now, I realize the postal truck might not be able to tell if the u-turner is doing that, or simply turning left, so they might already be 'making' thier turn by the time the U-turner turns and gets pissed at the postal truck....but that is Flori-DUH for you.

 

as in all roadway predicaments the Law of Tonnage takes precident... you are a pedestrian and have the right of way, The cement mixer who does not have the right way is coming at you at 50 mph. Do you insist on your right of way, step into the crosswalk in the path of the mixer or use sense* and wait. *Notice I didnt use the term "commom sense"... it isnt common anymore.

 

I know but it made for a good headline

 

typically main traffic has the right of way first then. I'd say the mail person at the stop sign for a right turn( since most states are right on red ). Then the u-turn guy after the main traffic cleared.

 

No one has the right of way. The right of way is given.

 

Something wrong with yours? Mine could make a u-turn into the middle lane without interfering with the lane the mail van is turning into.
Total contrast from an 80's Nissan I had years ago, which would need about the width of 3 football fields lengthwise to make a u-turn.

Of course, OP being in FL, its just a matter of hitting the traction control button, cranking it hard over, and dumping the clutch, and even that old Nissan (no button, of course) could make the nearest lane.

 

Lugnut rule, who ever has the most nuts has the right of way.

 

I see many near misses between a driver executing a legal u-turn on the green light and a driver attempting to turn right on red. Who has the right of way is the five dollar question. My driving experience in St. Petersburg says that most people believe that the person turning right on red has the right of way. Nothing could be further from the truth. According to Florida Statute 316.075 vehicles may execute a u-turn on a green signal as long as there is not signage prohibiting a u-turn at the intersection. The driver executing the u-turn must yield the right of way to pedestrians and other vehicles which are lawfully in the intersection. Likewise, Florida Statute 316.075 permits a driver to make right turn of red if it can be safely accomplished. Essentially, a driver attempting execute a right turn on red must yield to everyone else lawfully within in the intersection. Therefore, screaming, honking and obscene gestures aside, the driver executing a lawful u-turn has the right of way.

http://jlgtampabay.com/home/right-turn-on-red-vs-u-turn-who-has-the-right-of-way/

 

A couple things of note here. *I am not an attorney, law enforcement officer, nor government official.

1. Florida is a "No Fault state". Meaning IF and WHEN an accident occurs the investigating officer is not required to and RARELY does indicate which driver is at fault. They DO however document damages, conditions at the scene, and reported movement(s) at the time of the accident. No judgement is made, typically, of who is at fault. Part of this is due to the insurance law. When an accident occurs each driver's insurance pays for the subscriber's damages, medical, and liability then the companies settle things between one another based on Insurance investigation report. So, in shot FL law enforcement does not write citations for accidents outside of blatant violation. Of course there are exceptions to most every law/situation.

2. The reading of the FL stature is incomplete. The stature says a u-turn, even with a green arrow, shall yield right of way to "other traffic lawfully using the intersection". As long as the right on red is legal the U-turn vehicle is supposed to yield.

Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, as directed by the manual, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, except the driver of any vehicle may U-turn, so as to proceed in the opposite direction unless such movement is prohibited by posted traffic control signs. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.​

Thinking about the spirit, intent and goal, of the statute and common sense...
There is no means to indicate a u-turn as opposed to a left turn.
Any left turn is by nature "more" dangerous than a right turn because you are crossing the flow of traffic
Left and U turns expose the passenger to greater possible injury in the event of an accident
As a driver isn't the safety of our passengers our responsibility?
This by no means makes it ok to "drive like a maniac" when we are alone in the vehicle.

IMHO - Drivers should watch all traffic to ensure one's own safety. Most motorcyclists do this due to the greater exposure to dangerous drivers.

 

That statute doesn't actually say what you read out of it.
BOTH the right on a red AND the u-turn require yielding to any other vehicle which is "lawfully in the intersection". BOTH are "lawfully in the intersection", and it does not prioritize one over the other.

So what it comes down to is sequence and predictability.

Whichever vehicle begins their turn FIRST has right of way. If there is no way to determine which began the turn first, then it comes down to predictability.

The law has a soft spot for people making assumptions about people doing things that are reasonably predictable and will typically determine fault to some degree in their favor all else being equivalent. As the person making the u-turn looking around the intersection for other vehicles that may be approaching, they must both be cognizant of oncoming traffic, AS WELL AS that right turning traffic, because both are reasonably expected to enter the area that they are about to turn. HOWEVER, the right turning vehicle won't necessarily expect that vehicle making a u-turn out in front of them, because the VAST majority of people sitting in that spot will be making a left hand turn onto the intersecting road, and NOT a u-turn. And so expectation favors the right-on-a-red, and the court will assign more blame to the driver of the vehicle making the u-turn over the right-on-a-red.

Except for in the Canadian province of Quebec, where right on a red is not permitted under any circumstances (remember that if you ever find yourself needing to drive in Quebec).

And there is a further reason why it is absolutely critical for the u-turn vehicle to yield right of way to the right-turning vehicle.... traffic signals patterns are a lot more programmable now than they used to be decades ago. There are MANY intersections all over the place, where you can have an advanced left turn on one road, and a green signal to right-hand-turns on the other road. As the vehicle making the u-turn, the green signal to the vehicle making the right hand turn is out of your sight, and thus based on that green signal, the right turning vehicle has unquestionable right of way.