When "Right-of-Way" Isn't What It Seems

EDR Analysis | Speed Reconstruction

The Situation

A driver attempting a left turn across an opposing lane was struck broadside by a vehicle approaching in the opposite direction. On paper, the turning driver appeared to be at fault. Florida Statute 316.122 requires a left-turning motorist to yield to oncoming traffic. The investigating officer's report reflected that presumption, and the case appeared to be a straightforward liability loss.

The Analysis

Coastal Crash Consultants downloaded the Event Data Recorder (EDR) from the oncoming vehicle. The EDR captured the five seconds preceding impact, including pre-crash speed, throttle, and braking data.

The Finding

In the five seconds before impact, the oncoming driver's speed climbed from 103 MPH to 110 MPH, more than three times the posted speed limit. The force of that impact was severe enough that, after striking the turning vehicle, the speeding driver continued out of control and rear-ended a third, uninvolved vehicle further down the roadway.

Florida Statute 316.122 requires a left-turning driver to yield when an opposing vehicle is "so close as to constitute an immediate hazard", but a vehicle traveling at triple the speed limit cannot be reasonably perceived or anticipated. At those speeds, the approaching driver covered the distance to the intersection in a fraction of the time a reasonable turning motorist would have expected.

Why It Matters

As a matter of both physics and law, the oncoming driver forfeited his lawful right-of-way the moment he chose to operate at that speed. What looked like a clear-cut "failure to yield" case was, in fact, a reckless speeding case, and the EDR data was the evidence that turned it.

Event Data Recorder data is frequently the difference between a presumed-fault case and a provable one. When excessive speed is suspected — but not documented in the crash report — an EDR download can reveal what no eyewitness could.