Who May Be Held at Fault for Left-Turn Collisions?
More than half of all traffic accidents occur at or near intersections. Of these, left-turn collisions are ones most likely to result in serious injuries. Typically, such collisions occur when a driver making a left turn hits or is hit by a vehicle coming from the opposite direction. While it’s common to place the blame on the turning driver, the fault for such accidents can often be more complex to determine.
The driver making the left turn is held to a higher standard of care. New York Vehicle and Traffic Law § 1141 mandates that a left-turning driver must yield to oncoming traffic, which has the right of way. For instance, a car that makes a left turn while the traffic light is green, but without a dedicated left-turn arrow, is at fault if it collides with an oncoming vehicle that is going straight through the intersection on a green light. At a crossing without traffic lights, the driver at a stop sign must yield. At a four-way-stop intersection, a driver turning left must yield to oncoming traffic that is going straight or turning right.
Nevertheless, there are exceptions where the oncoming driver may be found partially or fully at fault. A violation of the traffic laws is a major factor in determining fault. If the oncoming vehicle was speeding or ran a red light, the driver would shoulder a greater degree of fault. Other scenarios include when the oncoming driver was distracted or driving under the influence of alcohol or drugs
In many cases, fault for a left-turn accident is shared. For example, the turning driver may have failed to yield properly but the oncoming driver may have failed to take prudent action to avoid the accident. Worse still, the oncoming driver may have recklessly tried to beat the turning vehicle through the intersection. This maneuver is sometimes evidenced by a T-bone collision, in which the turning vehicle hits the oncoming vehicle’s driver side, often resulting in serious personal injury.
Under New York’s comparative negligence law, each party involved in an accident can be held proportionately responsible for the damages based on their percentage of fault. For example, if a left-turning driver is deemed 70 percent at fault for failing to yield and the oncoming driver 30 percent at fault due to speeding, each party’s share of compensation for their injuries will be reduced by their respective percentage of fault. If you are seriously hurt in such a collision, an experienced New York auto accident attorney can analyze your case and determine what damages you may be entitled to obtain.
The law firm of Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, based in St. James, NY, offers comprehensive legal services tailored to the needs of auto accident victims across Long Island. Call us at 631-360-0400 or contact us online to arrange a free consultation.