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Old 01-12-2013, 06:05 AM
 
Location: Cape Coral, FL
154 posts, read 314,676 times
Reputation: 132

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I run into this situation quite often and am not sure who has the right of way. Both cars arrive at the same time and car #1 is making a u-turn while car #2, at a stop sign, is turning right. I thought that car #2 would have the right of way since he would be on the right hand side of car #1 during the turn, but car #1 doesn't have a stop sign. Does anyone know the right answer?


Last edited by xoomer; 01-12-2013 at 06:17 AM..
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Old 01-12-2013, 06:39 AM
 
Location: Cape Coral, FL USA
616 posts, read 1,383,079 times
Reputation: 314
Quote:
Originally Posted by xoomer View Post
I run into this situation quite often and am not sure who has the right of way. Both cars arrive at the same time and car #1 is making a u-turn while car #2, at a stop sign, is turning right. I thought that car #2 would have the right of way since he would be on the right hand side of car #1 during the turn, but car #1 doesn't have a stop sign. Does anyone know the right answer?
Legally - the person with the traffic control device must obey that said device. Since there wasn't a control device for #1 and technically that person is in the intersection - the #2 car would have to follow the control device - stop, wait for the intersection to clear then proceed.

Human belief - person making the right turn has the right of way.
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Old 01-12-2013, 06:54 AM
 
Location: Cape Coral, FL
154 posts, read 314,676 times
Reputation: 132
Quote:
Originally Posted by stahltkd View Post
Human belief - person making the right turn has the right of way.
That explains why so many people have been "waving" at me...
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Old 01-12-2013, 09:07 AM
 
518 posts, read 1,077,097 times
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I always wait and let them go ahead. Better safe then sorry. I also drive a small car.Anything bigger than my car always has the right away legal or not. I like living.
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Old 01-12-2013, 10:20 AM
 
Location: Cape Coral
319 posts, read 484,968 times
Reputation: 510
Quote:
Originally Posted by stahltkd View Post
Legally - the person with the traffic control device must obey that said device. Since there wasn't a control device for #1 and technically that person is in the intersection - the #2 car would have to follow the control device - stop, wait for the intersection to clear then proceed.

Human belief - person making the right turn has the right of way.
Well stated! If you ever feel like making the point and exercising your insurance, you could always apply the gas and push the offender running the stop sign into the ditch!

Major time inconvenience but a great stress relief!
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Old 01-12-2013, 11:06 AM
 
1,299 posts, read 1,997,996 times
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Main thorough fare has the right of way over side streets.
Persons traveling on a four or six lane road have the right of way over two lane feeder road, always.
This applies to all intersections without signals.
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Old 01-12-2013, 11:09 AM
 
Location: Cape Coral, FL USA
616 posts, read 1,383,079 times
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Quote:
Originally Posted by BugManTPC View Post
Well stated! If you ever feel like making the point and exercising your insurance, you could always apply the gas and push the offender running the stop sign into the ditch!

Major time inconvenience but a great stress relief!
One exception to that rule though is right here in FL. From my understanding - please correct me if I'm wrong (haven't been in an accident since moving down here) - Florida is a "No fault" state. From my understanding we pay more for insurance (PIP) because no matter whose fault it is - no one is cited (for insurance purposes) and each insurance company pays for their insured. There is no "your insurance pays for whose fault."
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Old 01-12-2013, 11:12 AM
 
Location: Cape Coral, FL USA
616 posts, read 1,383,079 times
Reputation: 314
Quote:
Originally Posted by equalrightsforeveryone View Post
Main thorough fare has the right of way over side streets.
Persons traveling on a four or six lane road have the right of way over two lane feeder road, always.
This applies to all intersections without signals.
Still doesn't apply. What about at the intersection of 41 and College parkway?

All intersections will have some type of control device on it. Even if it should happen not to have (ie some small residential street intersection - it is treated as a 4 way stop.
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Old 01-12-2013, 11:49 AM
 
Location: Cape Coral
319 posts, read 484,968 times
Reputation: 510
Quote:
Originally Posted by stahltkd View Post
One exception to that rule though is right here in FL. From my understanding - please correct me if I'm wrong (haven't been in an accident since moving down here) - Florida is a "No fault" state. From my understanding we pay more for insurance (PIP) because no matter whose fault it is - no one is cited (for insurance purposes) and each insurance company pays for their insured. There is no "your insurance pays for whose fault."
You are right. In regards to Property Damage. Liability gets grey, the first $10K is on you or rather your insurance.

That is why I prefaced with, "if you want to exercise your insurance".

Just a minor, road rage infused fantasy, I would not advocate anyone do this intentionally, WINK, WINK.

Even if the Stop Light / Sign runner deserves it!

We live in Cape Coral, the home of the Aggressive 4 way Stop!
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Old 01-12-2013, 11:55 AM
 
Location: Cape Coral, FL USA
616 posts, read 1,383,079 times
Reputation: 314
Quote:
Originally Posted by BugManTPC View Post
You are right. In regards to Property Damage. Liability gets grey, the first $10K is on you or rather your insurance.

That is why I prefaced with, "if you want to exercise your insurance".

Just a minor, road rage infused fantasy, I would not advocate anyone do this intentionally, WINK, WINK.

Even if the Stop Light / Sign runner deserves it!

We live in Cape Coral, the home of the Aggressive 4 way Stop!
Still isn't as bad as "rush hour" at 41/ College (with those trying to one up everyone and cut into the right lane at the last min to turn right onto 41) or Alico and 41 - where constantly the lane to go straight is used as a 2nd right turn lane. Or even the merge lane warriors at 41 and Colonial - then they try to cut 3 lanes of traffic to turn on Macgregor or streets before.
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