Florida Driving Laws 2026 - Traffic Rules & Accident Fault
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Florida has a 51% fault bar. This means you typically can’t recover any compensation if you’re mostly at fault. This rule changed in 2023 from a system where you could recover even at 99% fault.
- 14-day PIP benefits deadline. No-fault insurance requires $10,000 PIP coverage, but when you’re injured, you must seek medical treatment within 14 days or lose benefits.
- Expanded Move Over Law. As of January 1, 2025, you must move over or slow down for any disabled vehicle with hazards on, not just emergency vehicles.
Many drivers in the Sunshine State are unaware of major changes to Florida driving laws over the last few years. Yet these laws can make or break your compensation claim.
For example, if you get into a crash tomorrow and you’re found to be 51% at fault, you walk away with nothing, even if the other driver was nearly as responsible. As recently as 2022, you could recover compensation on a car accident claim even if you were 99% at fault. And if you don’t see a doctor within 14 days of your accident, your insurer may refuse to pay your medical bills. This guide breaks down the Florida driving laws every driver in the state must know, from the basics to the rules that set Florida apart from other states. You’ll learn how the state’s no-fault insurance system can trip you up and how even minor traffic violations could push you over the 50% fault threshold.
Driving Laws Common to All States
Every state requires broadly the same basic traffic rules, and you’ll find them enforced across the country. Drivers in the U.S. must:
- Stop at red lights and stop signs
- Yield to pedestrians in crosswalks
- Follow posted speed limits
- Obey school zone and construction restrictions
- Signal before turns and lane changes
- Maintain safe following distances
While these rules are familiar to most drivers in the country, fines and enforcement vary by state. Florida shares some rules with other states, such as modified comparative negligence, where everyone’s fault in an accident is examined. But it's no-fault insurance system and recent law changes create unique challenges for accident victims.
How Florida Driving Laws Differ
Florida’s driving laws stand out for several reasons, including a unique no-fault insurance system and a specific way of assigning fault after a crash (which can impact your recovery). Here’s what you need to know:
Modified Comparative Negligence
When both drivers share blame for an accident, Florida assigns each person a fault percentage under comparative negligence laws (Florida Statutes §768.81). That percentage determines how much compensation you can recover. For example, if you’re 30% at fault for an accident and your damages amount to $100,000, you can only recover $70,000 (70%).
But the law can be harsh. If you are found to be 51% or more responsible for a crash, you’ll get nothing. And insurance companies know this. They may argue you were speeding or failed to yield to try to push your fault above 50%. Having legal representation can be crucial if fault is contested.
Florida’s No-Fault Insurance System
Florida law requires drivers to have the following car insurance: $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). PIP covers 80% of medical bills and 60% of lost wages, regardless of whether you or the other driver was at fault.
The catch: if you don’t see a doctor within 14 days of your crash, you could lose your PIP benefits. And $10,000 is just a drop in the ocean if you have serious or life-changing injuries. PIP also doesn’t cover your pain and suffering.
If you’re looking to sue a driver for damages, Florida also has an injury threshold (Florida Statutes §627.737). You can only sue the at-fault driver if your injuries are permanent, cause significant scarring, or result in death.
Move Over Law Expansion
As of January 1, 2025, Florida’s Move Over Law covers any disabled vehicle displaying hazard lights, emergency flares, or signage. It used to apply only to emergency vehicles, but now also includes everyday drivers broken down on the shoulder.
When you see a stopped vehicle with hazards on, move over a lane if safe. If you can’t move over, or you’re on a two-lane road, you must slow to 20 mph below the posted limit.
Florida-Specific Traffic Rules
Beyond the major differences, Florida has specific rules that can catch even locals by surprise and confuse out-of-state drivers:
- Motorcycle headlights required 24/7. Unlike cars, motorcycles in Florida must have headlights on whenever operated, day or night (Florida Statutes §316.405).
- Lane splitting is illegal. Motorcycles cannot pass between lanes of traffic or ride between rows of vehicles (Florida Statutes §316.209).
- Right turn on red is allowed. Turning right on red is legal (Florida Statutes §316.075) after a complete stop and yielding to pedestrians and traffic, unless posted otherwise.
- Helmet is optional for motorcycle riders 21+. Florida motorcycle riders must carry $10,000 in medical insurance for crash injuries to ride without a helmet (Florida Statutes §316.211).
Florida Speed Limits. Florida generally defaults to 70 mph on rural interstates, 55 mph on other roads and highways, 30 mph in residential/business areas, and 20 mph or 15 mph in school zones (Florida Statutes §316.183).
Quick Reference Table: Florida Driving Laws vs. Other States
| Law | Florida | Most Other States |
|---|---|---|
| Comparative Negligence | Modified (51% bar) | Varies (pure, modified, or contributory) |
| Insurance System | No-fault (PIP required) | At-fault (liability coverage required) |
| Move Over Law | Stopped emergency, service, and disabled vehicles | Varies by state |
| Motorcycle Headlights | Required at all times | Varies by state |
| Lane Splitting | Prohibited | Legal in some states (CA, AZ) |
How Local Driving Laws Work in Florida
Florida Statutes §316.008 gives counties and municipalities in the state limited authority to modify traffic laws. For example, cities can lower school zone limits to 15 mph, prohibit right turns on red at specific intersections (with signage), and designate no-parking zones, among other modifications. That said, local governments cannot override state law on major issues like insurance requirements or comparative negligence rules (Florida Statutes §316.002).
And if you’re pulled over for a local ordinance violation, the ticket will specify whether it’s municipal or state law, which affects points on your license and which court handles it.
Download the Complete Florida Motor Vehicle Law Guide
Florida’s driving laws changed significantly in the last few years. Knowing those changes, such as the shift to modified comparative negligence and the expanded Move Over Law, can be essential for protecting your rights after an accident.
Download our guide now to get the complete breakdown of Florida motor vehicle laws and discover how ConsumerShield connects you with Florida car accident attorneys who can help you get justice.
