When Traffic Lights Are Out After A Storm In Florida: Who’s At Fault (And What To Do)

The Quick Version

If you or someone you love has been injured in an accident, it is a good idea to discuss your situation with a reputable Tampa, FL car accident lawyer

A dark or “inoperative” traffic signal = a stop sign for everyone facing it. You must make a full stop at the stop line (or before the crosswalk/intersection if no line) and proceed only when safe. That’s straight from Florida law. If you have been injured because another driver
Right-of-way at a dark signal follows four-way-stop rules: first to stop goes first; if you stop at the same time as another driver, yield to the driver on your right.
If only some heads in the intersection are out, drivers facing a dark head still must stop; drivers with a working signal follow their signal.
If an officer is directing traffic, follow their instructions (they override everything).
Flashing signals ≠ dark signals: flashing red = stop/four-way stop; flashing yellow = proceed with caution. Florida’s safety agency says so.
Fault is shared based on conduct. Florida’s modified comparative negligence bars recovery if you’re more than 50% at fault (medical malpractice cases are excluded).
Practical timelines: hurricane season runs June 1–Nov. 30; if you’re hurt, Florida PIP has a 14-day window for initial treatment; most negligence suits now have a 2-year deadline.

Why This Matters Right Now

Late September–October sits in the peak of hurricane season, when storms and power blips can leave intersections dark across Tampa Bay. Knowing the rules before you hit a powerless light reduces crash risk—and, if a crash happens, positions you better on fault and insurance.

What Florida Law Actually Says (With Links You Can Check)

“Dark light? Stop like it’s a stop sign.”
Florida Statute §316.1235: a driver approaching an intersection “in which the traffic lights are inoperative shall stop” as in §316.123(2). If only some lights are out, any driver approaching an inoperative head must stop.
How do we take turns after we stop?”
Florida Statute §316.123(2): stop at the stop line, or before the crosswalk, or at the nearest point with a view; first to stop goes first, ties yield to the right.
“What about left turns?”
Florida Statute §316.122: a driver turning left must yield to oncoming traffic that’s in the intersection or so close as to be an immediate hazard. This applies even when the signal is dark.
“Officer on scene?”
Florida Statute §316.072(3): you must obey any lawful order of an officer at an emergency or crash scene. That instruction overrides device-based rules.
“Flashing, not dark?”
FLHSMV guidance: flashing red = four-way stop; flashing yellow = caution.

Who’s (Likely) At Fault At A Dark Intersection? Common Scenarios

Driver never stops at the dark signal and hits cross-traffic.
Failing to stop violates §316.1235 and is usually the primary fault driver, though speed/attention of others can still be assessed.
Both drivers stop, then go at the same time and collide.
Right-of-way goes to the vehicle on the right under §316.123(2)(b). If each ignored that rule, fault can be split. Under modified comparative negligence, anyone >50% at fault recovers nothing.
Left-turner goes after stopping and is struck by oncoming traffic.
Left-turner typically bears fault for not yielding under §316.122, unless the oncoming driver was unlawfully speeding or ran their stop.
Only one approach is dark; the cross-street still has a working signal.
The driver facing the dark head must stop; the driver with a working signal proceeds under that signal (still with general due care).

Reality check on outcomes: Under Florida’s 2023 reforms, juries apportion fault. If you’re 51% to blame, you’re barred from recovering damages; otherwise, your award is reduced by your percentage of fault. (Medical negligence cases are carved out.) The Florida Senate’s bill summary is a good plain-English overview.

Step-By-Step: How To Drive Dark Intersection (A Quick Flow)

Scan early. If power’s out or the A are blank, plan to stop.
Make a complete stop at the stop line, before the crosswalk, or where you can see.
Take turns like a four-way stop: first to stop goes first; ties yield right; left turns yield to oncoming.
If signals are flashing red = stop/four-way-stop; yellow = caution.
If an officer is directing traffic, follow them.

If A Crash Happens At A Dark Light: Protect Your Health And Your Claim

Move vehicles if they’re blocking traffic and no one’s seriously injured. Florida law says each stop should be made “without obstructing traffic more than is necessary”; if your damaged vehicle is obstructing, make a reasonable effort to move it to a safe spot.
Call 911 and get checked out. Florida PIP benefits require initial treatment within 14 days to unlock coverage (generally up to $10,000 medical/disability).
Document right away: photos of the intersection heads (dark, flashing, or working), stop lines/crosswalks, vehicle positions, debris, and witness names.
Note the control type (dark vs. flashing). FLHSMV’s public guidance mirrors how officers will evaluate flashing vs. inoperative signals in their narratives.
Ask for maintenance/operations records later. In Florida, signal maintenance & timing responsibilities are assigned by agreement between FDOT and local agencies; timing reports must be maintained for each signal—useful context when reconstructing an outage window.
Mind your deadlines. Most negligence claims now have a two-year statute of limitations (for causes accruing after March 24, 2023). Don’t wait on serious-injury cases.

FAQ

Does hurricane season change any of this?
No. The rules are the same, but outages are more common June 1–Nov. 30, so plan on more dark-signal encounters!
Will I automatically lose if I was partly at fault?
Not automatically. Your compensation is reduced by your percentage of fault, but if you’re more than 50%, you recover nothing in most negligence cases. (Medical negligence is excluded.)
Who pays my medical bills first?
Your own PIP pays first, if you seek initial treatment within 14 days. For serious or permanent injuries, you may pursue the at-fault driver for additional damages.
Should I move my car after a minor crash at a dark light?
Yes, if it’s safe and drivable. Florida law expects you to avoid unnecessary obstruction and to move a damaged vehicle out of traffic when possible.

Stop. Take Turns. Go When It’s Safe.

When traffic signals go dark, the law is simple, but the risks are high: every driver must stop and take turns as if it were a four-way stop. In the days after a storm, or during any power outage, remembering this rule can be the difference between a safe trip home and a crash. Keep it in mind, share it with your family and neighbors, and if you’re still unsure about how Florida’s rules apply in a specific situation, revisit the official resources linked above—they’re there to give you clarity and confidence on the road. Or give the compassionate and skilled legal team at Mickey Keenan P.A. a call today.