Auto Rules of the Road

“Rules of the Road” – Chapter 316 of the Florida Statutes sets forth the rules to be followed by motorists operating motor vehicles upon roads and highways located within the State of Florida and its municipalities. Failure to obey with, or to conform to, a particular section of the Chapter 316, may be used as evidence in a civil claim to demonstrate that the violating party was negligent in whole or part in causing or contributing to a traffic crash or collision. Reviewing the index to Chapter 316 will assist in determining whether the conduct of a driver, at the time of an accident, was controlled or regulated by Florida law. Many accidents occur on private property, usually in parking lots, where police generally do not issue traffic citations. Nonetheless, in a civil case for damages it may be argued that one driver failed to comply with the rules of the road, and such behavior caused the subject accident. Whether or not a person was issued a ticket or citation by an investigating officer, if a case goes to court, the jury is entitled to an instruction to consider the violation of a State traffic law as evidence of negligence. In Florida, a jury must determine which driver was at fault, to what degree, and return a verdict apportioning the total of 100% fault to one or more driver. Florida Standard Jury Instructions, Instruction 401.9 is read to the jury when one party argues that another party violated a traffic ordinance or law:

“401.9 VIOLATION OF STATUTE, ORDINANCE, OR REGULATION AS EVIDENCE OF NEGLIGENCE

Violation of this [statute] [ordinance] [regulation] is evidence of negligence. It is not, however, conclusive evidence of negligence. If you find that (defendant or individual(s) claimed to have been negligent) violated this [statute] [ordinance] [regulation], you may consider that fact, together with the other facts and circumstances, in deciding whether such person was negligent.”

Before reading this instruction, the judge will read the section of Chapter 316 alleged violated. This all is in addition to the standard jury instruction addressing negligence in general, Standard Instruction 401.4:

“401.4 NEGLIGENCE

Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.”