Chances are it’s happened to you. You’re happily travelling at the speed limit, watching the miles go by, and suddenly you’re stuck behind a slow-moving vehicle. When this happens on a multi-lane freeway, it’s usually not a big deal.
You simply safely merge into another lane and pass the slower vehicle. However, it’s a little different on two-lane roads and drivers often wonder about the legality of passing on the right. In other words, is it legal to pass on the right and if not, what are the potential penalties?
Is It Legal to Pass on the Right in Florida?
Florida law can be a little confusing when it comes to passing on the right. Sometimes it’s legal and in other instances, it can result in a traffic citation. So, when is passing on the right legal in the Sunshine State?
You can pass a vehicle on the right if it’s getting ready to make a left turn. However, make sure the other driver is signalling their intentions. In other words, if the other driver doesn’t have their left turn signal on, it’s probably best to not pass.
One-way streets allow for passing on the right, as long as you have plenty of room, which means there must be room for each vehicle on the street. You can’t crowd the slower-moving vehicle into the curb. You also can’t use the sidewalk or a lane designated specifically for pedestrians and cyclists.
If you’re getting ready to pass a vehicle on the right and you’re travelling on a road with multiple lanes going both directions, it’s usually legal to pass on either the right or left side.
There are times when it’s illegal to pass on the right, even if you have plenty of room, and this includes construction zones, and fines may also be doubled for traffic violations.
We mentioned earlier you can’t use the sidewalk as a passing lane; well this also applies to the right shoulder of the road. This isn’t a passing zone and you’ll probably receive a traffic ticket if law enforcement catches you driving on the shoulder.
Potential Penalties for Passing on the Right
The potential penalties for passing a vehicle on the right are typically higher than on the left. The reason is simple. Passing on the right is typically considered more dangerous—your chances of being involved in an accident are higher.
An example is if you pass a stopped school bus on the left. Fines are usually around $200. However, if you pass the stopped bus on the left, fines double to $400.
Don’t forget about other financial penalties if you’re involved in a vehicle accident. Even though Florida is a no-fault insurance state, you can still face a lawsuit from the other involved driver. Since you’re passing on the left, there’s a good chance you’re the at-fault driver. Even if comparative negligence applies, you’re probably still going to be assigned a large percentage of the blame.
If you’re not sure how comparative negligence can impact a personal injury claim. The standard allows for more than one driver to be liable for an accident. The compensation amount from the insurance settlement is reduced by the percentage of the assigned blame.
So, if you pass illegally on the left but the other driver swerves recklessly, everyone shares some responsibility for the accident. Depending on the percentage of blame you’re assigned, you may not be able to file a claim for damages not covered by your insurance. This can leave you with hefty expenses that you’re responsible for paying out of pocket.
Steps to Take If You’re Involved in a Vehicle Accident
If you pass a vehicle on the right and an accident occurs, you should take some steps to help protect your legal rights. Don’t forget, your decision to pass on the right can be a contributing cause of the accident and you don’t want to be assigned more than your fair share of the blame.
Report the Accident Immediately
Accidents caused by drivers passing on the right can be complex, especially when trying to determine fault. Even though the state gives drivers up to 14 days to report some vehicle accidents, it’s rarely a good idea to wait. Evidence can get lost and it’s harder to reconstruct an accident scene a couple of weeks after it happens.
Reporting the accident also creates an official report you’ll need to file an insurance claim. Your report helps prove the accident occurred and it’s the cause of your damages.
Something else to note, your PIP insurance isn’t going to cover your medical expenses if you don’t file an accident report.
Seek Medical Attention
Even a minor car accident can result in injuries. Not all injuries are also visible. Soft tissue injuries can take a few days to start displaying signs and symptoms and you don’t want to take risks with your health.
A visit to your primary care physician or other health professional is also a requirement to file a claim with your PIP insurance provider. The insurance adjuster will request copies of your medical records, along with any bills, receipts, and even prescriptions.
If you’re planning on filing a claim with the other driver’s insurance, you’re going to need to provide medical documentation.
Document the Accident Scene
If your injuries require immediate medical attention, don’t worry about this step. Your accident report will contain plenty of information detailing the accident’s cause. However, you may be able to speed up the claim process by documenting the scene.
Don’t go overboard, you’re not a crime scene investigator. Instead, take some pictures of your vehicle damage and any visible injuries you may suffer. Try to get some pictures of the vehicle’s position, which can help determine the fault.
Contact an Experienced Accident Attorney
Before contacting the insurance company or filing a claim against the other driver, it’s wise to consult with an experienced personal injury attorney.
Your attorney can assist in determining your percentage of blame and calculating damages not covered by PIP, working diligently to make sure that you receive the fair compensation you deserve—even if you’re at fault for illegally passing on the right.
Having solid legal representation in place can help protect your rights and navigate the potential complexities that come with your case.
