Left-turn accidents often involve a driver attempting to make a left while watching for oncoming traffic. Usually, the driver making the left turn must yield to oncoming traffic. When accidents happen, left-turning drivers are often assumed to be responsible.
Drivers making left turns are often responsible for accidents because they must yield to oncoming traffic. While other drivers may be responsible, such as drivers at 4-way stops without lights where everyone must yield, left-turning drivers are at fault more often than not. If you were involved in an accident with a left-turning driver, your attorney can help you gather information and evidence to prove who really caused the crash.
Contact our NJ car accident lawyers at Agrapidis & Maroules, P.C. by calling (201) 777-1111 and ask for a free legal review to get started.
How to Determine Fault in a Left-Turn Car Accident in NJ?
When a driver makes a left turn, they often must yield to oncoming traffic first. When left-turn accidents occur, it is often because the driver turning left fails to yield. If you were involved in a crash with a left-turning driver, we can help you sue for damages.
Presumed Fault
In many left-turn accidents, the driver turning left is presumed responsible because they are legally obligated to yield to oncoming traffic before turning. Many, if not most, left-turn accidents occur when drivers fail to yield.
Is the Driver Turning Left Always at Fault?
The driver turning left will usually be at fault, but there are situations where the driver going straight did something else seriously wrong that trumps the other driver’s failure to yield while turning left.
For example, if a driver made a left turn but the oncoming driver was in a dark car at night with their headlights off, that would likely be the oncoming driver’s fault instead.
Comparative Negligence
Although left-turning drivers may be presumed at fault, they may present evidence to the contrary. It may be possible that both drivers bear some blame for the accident, and the court may apply laws of comparative negligence.
Even if the left-turning driver presents some evidence of your contribution to the crash, you should not be barred from filing a lawsuit against them unless your fault exceeds theirs. Put another way, you may sue them if your share of the blame for the accident is 50% or less.
Important Factors When Determining Fault
While the driver who made a left turn may be presumed liable, they may put up a strong defense. As such, our Bayonne, NJ car accident lawyers must be ready to present evidence of their fault, and the following factors, among others, may be crucial.
- The speed of both drivers
- Whether oncoming traffic was clearly visible to left-turning drivers
- Road signage in the area
What Evidence Can You Use to Prove Fault in a Left-Turn Car Accident Case?
Proving fault in a left-turn accident requires evidence like any other accident case, even if the defendant is presumed at fault.
Dashcam Footage
A great way to prove fault for any car accident, including left-turn accidents, is with dashcam footage. Dashcams are becoming more common, and many drivers have them equipped in their vehicles. The dashcam may record the accident in real time, shedding light on who is responsible.
If you or the left-turning driver had a dashcam, it might show whether they failed to yield to oncoming traffic before turning.
Traffic Cameras
Traffic cameras might also have recorded the accident, and our Englewood, NJ car accident lawyers should act quickly to obtain the footage before it is deleted. Such cameras are often positioned high above the road or highway, giving us a bird’s-eye view of the accident. The footage might reveal details about the crash that the drivers did not even know.
Witness Testimony
You, other drivers, passengers, and pedestrians walking by the accident might have seen something important. Even if a single witness cannot provide a complete picture of the accident, the testimony of multiple witnesses may come together to reveal the truth of what happened.
Signage
Drivers making left turns must always yield to oncoming traffic by default, and there does not have to be signage indicating such. However, if there is signage, it may strengthen your claims.
For example, traffic lights sometimes have signs indicating drivers to yield on green, although these signs are not always present, and left-turning drivers must yield by default anyway.
FAQs About Determining Fault for a Left-Turn Accident in NJ
Which Driver is Responsible for a Left-Turn Accident?
Often, the driver making the left turn is presumed responsible, as they are required to yield to oncoming traffic. However, depending on the intersection, signage, and various other factors, the other driver could be at fault instead.
Is the Driver Turning Left Always at Fault for an Accident?
No. Although drivers turning left are frequently held responsible for accidents involving left turns, they are not automatically responsible in every case. Sometimes, the other driver is at fault, or something else entirely caused the accident.
Maybe the left-turning driver tried to yield, but their view was blocked by a large truck parked on the side of the road. In that case, they might not be fully responsible for the accident.
How Can You Prove That a Left-Turning Driver is Responsible for an Accident?
A driver who was struck by a left-turning driver may prove the driver’s liability for the crash based on evidence like signage at the intersection, video footage of the accident, and witness testimony.
Remember, left-turning drivers are often at fault and are usually presumed responsible, but this presumption may be challenged, and we must be prepared to prove your claims with evidence.
What Are Some Important Factors in a Left-Turn Car Accident?
Important factors to consider in a left-turn accident include…
- Sightlines
- Speed
- Lighting and visibility
- Signs
- Traffic lights
- Distractions (e.g., the other driver was on their phone).
Do Left-Turning Drivers Always Have to Yield to Oncoming Traffic in NJ?
This depends on the intersection. Generally, left-turning drivers are required to yield by default, even if there are no signs specifically indicating that drivers must yield. However, certain intersections, like 4-ways intersections with stop signs instead of lights, may require that all drivers yield, not just those turning left.
Speak to Our NJ Car Accident Lawyers About Your Claims Today
Contact our Elizabeth, NJ car accident lawyers at Agrapidis & Maroules, P.C. by calling (201) 777-1111 and ask for a free legal review to get started.