A Car Turned Left and Hit My Motorcycle in Hialeah: Who Is at Fault?

Under Florida law, the driver turning left almost always bears primary fault. Fla. Stat. § 316.122 requires any driver making a left turn to yield the right-of-way to oncoming traffic, including motorcycles, that is inside the intersection or close enough to be an immediate hazard. “I never saw the motorcycle” is not a legal defense; it is evidence that the driver failed to look carefully enough before turning.

What does Florida law actually say about who must yield on a left turn?

Florida Statute § 316.122 places the legal duty squarely on the driver making the left turn. The law says that driver must yield to any vehicle coming from the opposite direction that is already in the intersection or so close as to pose an immediate hazard. This rule applies whether you are riding your motorcycle down W 49th Street, crossing Okeechobee Road (State Road 25), passing through W 68th Street, or approaching an intersection near the Palmetto Expressway frontage roads. Violating this statute is a moving violation and counts as strong evidence of negligence in a personal injury claim. A traffic citation issued at the scene generally cannot be used as evidence at a civil trial, but it can still carry weight with insurers. The law does not excuse the turning driver simply because they were in a busy Hialeah intersection.

‘I never saw the motorcycle’, why that statement helps your case, not theirs

When the other driver says, “I never saw the motorcycle,” they are admitting they did not fulfill their legal duty under § 316.122. That statute requires them to look for all oncoming traffic before turning, not just cars. Motorcycles are smaller, yes, but Florida law does not lower the standard of care because of that. Insurers often argue that dark clothing, sun glare, or the bike’s size made you “invisible,” but those are not legal defenses. NHTSA data indicates that a large share of fatal two-vehicle motorcycle crashes involve another vehicle turning left while the motorcycle was going straight.

How the insurance company will try to shift blame onto you, and how to fight back

The at-fault driver’s insurer may argue you were partly responsible, and if your share of fault goes above 50 percent, Florida law bars recovery entirely under § 768.81(6). Common tactics include claiming you were speeding, in the wrong lane, wearing dark clothes, or failed to brake. Each can be rebutted with physical evidence. Skid marks, nearby business camera footage, or witness statements can disprove speeding. Debris fields and damage patterns show your actual lane position at impact. Photographs of the intersection and lighting conditions counter claims about visibility. Stopping distance calculations and speed estimates refute accusations that you didn’t react. Remember: even if a jury finds you partly at fault, you still recover as long as your share is 50 percent or less. Only if your share is more than 50 percent do you get nothing. These are arguments, not established facts, and evidence can rebut them.

What evidence wins left-turn motorcycle cases in Hialeah, and why you may have only days to get it

In Hialeah, business surveillance cameras along W 49th Street, Okeechobee Road, W 68th Street, and the Palmetto Expressway frontage roads often capture critical moments before and during a crash. Depending on the business, footage may be overwritten within a few days. You or your attorney must send preservation requests immediately. The Hialeah Police crash report is also essential. Under § 316.066, it is confidential for 60 days except to the parties, their insurers, and their attorneys, so you can get it right away if you have the report number. Take photos at the scene: vehicle positions, skid marks, debris, traffic signals, and lane markings. Keep your damaged motorcycle and helmet; the damage pattern proves the angle and force of impact. Witness names and contact info matter too, people leave the scene fast, and memories fade.

Florida’s 50-percent fault rule: what it means for your recovery

Florida uses modified comparative negligence under § 768.81(6). If you are found partly at fault, your compensation is reduced by that percentage. But you only lose your right to recover if your fault exceeds 50 percent. Some online advice wrongly claims partial fault kills your claim, that is false unless you cross the 50 percent line. Unlike car drivers, motorcyclists are not covered by Florida’s $10,000 PIP (personal injury protection) system because motorcycles are exempt under § 627.736. That means your medical bills and lost wages usually come from the at-fault driver’s bodily injury liability coverage, your own UM coverage, health insurance, or optional medical payments coverage. If that driver has no insurance or too little, your own uninsured/underinsured motorist (UM) coverage may apply if your policy includes it (§ 627.727), so check your declarations page. You have two years from the crash date to file a lawsuit if your injuries occurred on or after March 24, 2023, under § 95.11.

What to do today: the steps that protect your claim before evidence disappears

If you were just hit, take these steps now. First, call Hialeah Police and insist on an official crash report. Second, exchange name, address, vehicle registration, and insurance information with the other driver as required by § 316.062. Third, write down or photograph the crash report number before leaving. Fourth, take pictures of everything: vehicle positions, skid marks, debris, traffic lights, lane lines, the other driver’s face and license plate. Fifth, get witness names and phone numbers before they walk away. Sixth, go to a doctor or Hialeah Hospital the same day, delayed treatment gives insurers an excuse to deny your claim. Seventh, do not give a recorded statement to the other driver’s insurer. Eighth, contact an attorney immediately to send camera preservation letters to businesses along W 49th St, Okeechobee Road, W 68th St, and the Palmetto frontage roads. The crash report is available to you and your lawyer right away under § 316.066, even during the 60-day confidentiality period.

Frequently asked questions

Who would be at fault if the car was turning left but I was speeding on my motorcycle?
Speeding may increase your share of fault, but it does not automatically make you more than 50 percent responsible. Florida law still requires the turning driver to yield. Evidence like skid marks or video can show whether your speed actually contributed to the crash.

Does it matter that the Hialeah Police officer gave the other driver a ticket?
A citation is not proof of civil liability, but it shows the officer believed the driver violated a traffic law. That can help your claim with the insurer, especially if the ticket cites failure to yield on a left turn, although the citation itself generally cannot be used as evidence at a civil trial.

I don’t have PIP insurance on my motorcycle, does that hurt my claim?
No. Motorcycles are exempt from Florida’s PIP system by law. Your claim is based on the other driver’s negligence, not no-fault benefits. You pursue the at-fault driver’s bodily injury coverage directly.

How long do I have to file a lawsuit after a motorcycle crash in Hialeah?
For crashes on or after March 24, 2023, you have two years from the date of the crash under Florida Statute § 95.11. Earlier crashes had a four-year window. Do not wait, evidence disappears fast.

What if I never got the other driver’s information at the scene?
You can still get it from the Hialeah Police crash report. Contact the agency with your report number. If you don’t have the number, provide the date, location, and your name. An attorney can help retrieve it quickly.

Related reading: I was hit on my motorcycle in Hialeah. Does PIP cover me? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.