Florida Statute 316.185 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.185 Special hazards.—The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. 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. 136, ch. 99-248.

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Amendments to 316.185

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.185

R or S next to points is Mandatory Revocation or Suspension

S316.185 Special Hazard - Failed to use due care - Points on Drivers License: 3

S316.185 Special Hazard - Too fast for conditions Note 7 - Points on Drivers License: 3

Cases Citing Statute 316.185

Total Results: 12

Kao v. Lauredo

617 So. 2d 775, 1993 WL 130551

District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 1512571

Cited 48 times | Published

the presumption of negligence. See generally § 316.185, Fla. Stat. (1991).

Seaboard Coastline R. Co. v. Addison

502 So. 2d 1241, 12 Fla. L. Weekly 111

Supreme Court of Florida | Filed: Feb 26, 1987 | Docket: 1180870

Cited 24 times | Published

not error, but the failure to instruct on section 316.185 (special hazards) required reversal. 327 So

Menard v. O'MALLEY

327 So. 2d 905

District Court of Appeal of Florida | Filed: Feb 10, 1976 | Docket: 162206

Cited 13 times | Published

that the denial of the instruction on Fla. Stat. § 316.185, "Special hazards," was error under the circumstances

Howell v. Winkle

866 So. 2d 192, 2004 WL 329939

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 1680042

Cited 10 times | Published

requested a special jury instruction based on section 316.185, Florida Statutes (1999), which provides that

Griefer v. DiPietro

625 So. 2d 1226, 1993 WL 182478

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 474096

Cited 10 times | Published

covered by an instruction on special hazards (section 316.185). Likewise, the unlawful speed instruction

Sotuyo v. Williams

587 So. 2d 612, 1991 WL 204620

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 1713744

Cited 7 times | Published

Statutes, relating to unlawful speed, and section 316.185, Florida Statutes, relating to special hazards

Bach v. Murray

658 So. 2d 546, 1995 WL 270947

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 2516946

Cited 4 times | Published

objection to instruct the jury that violation of section 316.185, Florida Statutes (1989) was evidence of negligence

Acree v. Hartford South Inc.

724 So. 2d 183, 1999 WL 12701

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1409390

Cited 3 times | Published

court should give an instruction pursuant to section 316.185. That section provides: The fact that the

Robinson v. Gerard

611 So. 2d 605, 1993 WL 2972

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1680599

Cited 3 times | Published

modified, on special hazards as follows: Florida Statute 316.185 states in part: "When special hazards exist

Hedergott v. Moon

678 So. 2d 445, 1996 Fla. App. LEXIS 8271, 1996 WL 446738

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 64766718

Published

negligence by the plaintiff. Bach also involved section 316.185, Florida Statutes (1989), which concerns special

Safety Kleen Corp. v. Ridley

666 So. 2d 913, 1995 Fla. App. LEXIS 3500, 1995 WL 147286

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64761684

Published

violations of section 316.183, Unlawful Speed, and section 316.185, Special Hazards. The ease involved a truck

Popejoy ex rel. Popejoy v. Harrison

615 So. 2d 823, 1993 Fla. App. LEXIS 2881, 1993 WL 74269

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 64695093

Published

also require an instruction, as requested, on section 316.185, Florida Statutes (1991).

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.