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When Does a Motorcyclist Have the Right-of-Way?

July 22, 2020 | Category: Motorcycle Accidents | Share

Many motorcycle accidents happen when other motorists fail to follow Florida’s right-of-way laws. However, vehicle drivers often claim the motorcyclist came out of nowhere, or it was their turn to proceed at an intersection.

Understanding Florida’s right-of-way laws can help dispel confusion and keep drivers safer while on the road.

Florida Statute 316.123 applies to everyone on the road. This law does not say who has the right-of-way but rather who must yield, or give up, the right-of-way. This applies to every driver, motorcyclist, bicyclist, pedestrian, and moped rider; each must do everything possible to avoid a crash.

The right-of-way must be yielded to all other traffic and pedestrians at stop signs. When an intersection has stop signs, all traffic is expected to yield to the first vehicle to arrive at the intersection. If an intersection does not have stop signs, the right-of-way should be yielded in the following scenarios:

If two or more vehicles arrive at an intersection at the same time, the driver on the left of the other vehicle should yield the right-of-way to the vehicle on the right, regardless of what type of vehicle.

  • When a vehicle arrives at an intersection first.
  • When approaching a vehicle that is attempting a left turn, yield the right-of-way.

Motorcyclists who are involved in right-of-way accidents commonly suffer injuries which may include back and neck injuries, whiplash, broken bones, lacerations, and in some cases even death.

“If you or a loved one has been injured in a right-of-way accident, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. after seeking medical attention. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. We are available 24/7, and there are no costs or attorney fees unless we receive a monetary recovery for you,” said Fort Myers Motorcycle Accident Attorney Randall Spivey.


Fort Myers Motorcycle Accident Lawyer  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact  Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.






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