316.121
Vehicles approaching or entering intersections.
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316.121 Vehicles approaching or entering intersections.—
(1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
(2) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway.
(4) The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on said paved road or highway.
(5) The foregoing rules are modified at through highways and otherwise, as hereinafter stated.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 117, ch. 99-248.
Notes of Decisions
Cited in 3
cases, 1973–1991 · leading case: Cahill v. City of Daytona Beach
Cahill v. City of Daytona Beach (1991)
“The City argues Cahill’s negligence in not yielding the right-of-way to the other car approaching from Cahill’s right pursuant to section 316.121, Florida Statutes (1987), 1 was an intervening active cause, which relieved the City from any liability regarding its failure to…”
Abravaya v. Florida Power & Light Co. (1973)
“The failure to set forth facts with respect to the location of other vehicles within the intersection at the time of the collision, or the order of entry into the intersection of each of the two vehicles involved in the collision, makes it extremely difficult to determine…”
Ogletree v. Sentry Indemnity Co. (1978)
“The trial judge refused to give an instruction requested by Appellant on Section 316.121(1), Fla.Stat., which sets out the duty of a driver approaching an intersection to yield the right of way to a vehicle which has entered the intersection from a different highway.”
— 316.121(1) — 1 case
Ogletree v. Sentry Indemnity Co. (1978)
“The trial judge refused to give an instruction requested by Appellant on Section 316.121(1), Fla.Stat., which sets out the duty of a driver approaching an intersection to yield the right of way to a vehicle which has entered the intersection from a different highway.”
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