Determining Fault for Left-turn Accidents at Intersections

Intersections are frequent sites of motor vehicle crashes, and a significant number of these involve left turns. Though it may seem that the turning driver is principally to blame, left-turn accidents can occur under several common scenarios, and many times the fault difficult to determine without a thorough investigation.

New York Vehicle and Traffic Law Section 1141 requires any driver intending to turn left within an intersection to yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard. This statute applies to all left turns, regardless of any traffic signals signs that may exist. Failure to adhere to this legal duty can be considered as evidence of the driver’s negligence in a civil lawsuit.

However, other factors besides failure to yield can also lead to accidents when making a left-hand turn. For instance, if the oncoming vehicle is speeding or runs a red light, the dynamics of fault can shift. The oncoming driver’s excessive speed or failure to obey traffic signals can be a significant contributing cause of the collision.

In addition to these common situations, left-turn accidents can also occur when drivers miscommunicate their intentions. For example, if a driver indicates they are turning right but instead continues straight through an intersection, they could collide with a vehicle making a legal left turn. In this instance, part of the fault may lie with the driver who failed to turn as indicated.

Under New York’s comparative negligence law, if an injured party suing for damages is found to be partially to blame for the accident, the amount they can recover is reduced by their percentage of fault. For example, if a driver making a left turn is found to be 30 percent responsible due to failing to yield, and the oncoming driver is 70 percent at fault for speeding, the left-turning driver’s compensation would be reduced by 30 percent. If you are injured in a left-turn collision, an experienced auto accident attorney can gather evidence that may diminish your level of fault and so increase your recovery. 

The law firm of Rich & Rich, P.C. represents auto accident victims throughout the New York metropolitan area, helping them get the compensation they deserve. We have offices in Midtown Manhattan and Roslyn Heights, Long Island. Call us at 917-746-3358 or contact us online to schedule a free consultation.