Florida Statutes
Fla. Stat. § 316.185 (2025)
Special hazards.
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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.
Civil Citations under F.S. 316.185
Driver's license points · R = revocation · S = suspension§316.185Special Hazard - Failed to use due care
§316.185Special Hazard - Too fast for conditions Note 7
Notes of Decisions
Cited in 11
cases, 1976–2004 · leading case: Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991).
Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991). “183(1), Florida Statutes, relating to unlawful speed, and section 316.185, Florida Statutes, relating to special hazards.”
Howell v. Winkle, 866 So. 2d 192 (Fla. 1st DCA 2004). “The Howells requested a special jury instruction based on section 316.185, Florida Statutes (1999), which provides that a driver should decrease speed below the posted limit when there is a special hazard.”
Menard v. O'MALLEY, 327 So. 2d 905 (Fla. 3d DCA 1976). “We think that the denial of the instruction on Fla. Stat. § 316.185 , "Special hazards," was error under the circumstances presented by the evidence.”
Acree v. Hartford South Inc., 724 So. 2d 183 (Fla. 5th DCA 1999). “Based on this testimony, the plaintiff argued the trial court should give an instruction pursuant to section 316.185. That section provides: 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…”
Seaboard Coastline R. Co. v. Addison, 502 So. 2d 1241 (Fla. 1987). “183 (unlawful speed) was not error, but the failure to instruct on section 316.185 (special hazards) required reversal.”
Kao v. Lauredo, 617 So. 2d 775 (Fla. 3d DCA 1993). “See generally § 316.185, Fla. Stat. (1991).”
Bach v. Murray, 658 So. 2d 546 (Fla. 3d DCA 1995). “In support of the defendant's theory of comparative negligence, Murray's counsel persuaded the trial court over Bach's objection to instruct the jury that violation of section 316.185, Florida Statutes (1989) was evidence of negligence.”
Griefer v. DiPietro, 625 So. 2d 1226 (Fla. 4th DCA 1993). “1st DCA 1993), the court held that an unlawful speed instruction was not duplicated or covered by an instruction on special hazards (section 316.185). Likewise, the unlawful speed instruction is not covered by the careless driving instruction.”
Hedergott v. Moon, 678 So. 2d 445 (Fla. 2d DCA 1996). “Therefore, the verdict finding Hedergott 50% negligent was supported by the manifest weight of the evidence, and the giving of a jury instruction on section 316.”
Saf. Kleen Corp. v. Ridley, 666 So. 2d 913 (Fla. 1st DCA 1995). “183, Unlawful Speed, and section 316.185, Special Hazards. The ease involved a truck driver who had killed a child on a bicycle, and there was evidence that the driver was going too fast for the road conditions.”
Popejoy ex rel. Popejoy v. Harrison, 615 So. 2d 823 (Fla. 4th DCA 1993). “the two statutes specifically mentioned in the court’s opinion, I would also require an instruction, as requested, on section 316.185, Florida Statutes (1991).”
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