Winning a left turn accident case, where liability is typically attributed to the driver making the left turn, requires careful preparation and presentation of evidence. Some key steps that may help strengthen your case are as follows:
- Gather evidence:
Collect as much evidence as possible to support your claim. This may include photographs of the accident scene, left turn accident damage to the vehicles, skid marks, traffic signals, and road conditions. Obtain their contact information for potential testimony if there were witnesses to the accident.
- Police report:
Obtain a copy of the police report documenting the accident. It may contain important information about the sequence of events, statements from witnesses, and the officer’s assessment of fault in left-turn collisions.
- Seek medical attention:
If you sustained any injuries, seek immediate medical attention. Promptly document your injuries, follow all recommended treatments, and keep records of medical bills, prescriptions, and any ongoing treatment or rehabilitation.
- Document your damages:
Keep a record of all expenses related to the accident, such as property damage, medical bills, lost wages, and any other costs incurred as a result of the accident. These records will help demonstrate the extent of your damages.
- Establish negligence:
To win a left turn accident case, you generally need to demonstrate that the driver making the left turn was negligent or at fault. This may involve proving that the driver failed to yield the right of way, didn’t signal properly, was distracted, or violated traffic laws. Your attorney can help gather evidence and build a strong case to establish negligence.
- Eyewitness testimony:
Eyewitness testimony can be crucial in proving your case. If there were witnesses to the accident, their statements and testimony could support your version of events. Your attorney may interview witnesses and, if necessary, call them to testify in court.
- Expert testimony:
Expert testimony can be beneficial in complex cases or when liability is disputed. Accident reconstruction experts can analyze the evidence, such as skid marks and vehicle damage, to provide a professional opinion on how the accident occurred and who was at fault in a left turn accident or not in a left turn crash.
- Settlement negotiations or trial:
Your attorney will represent you in settlement negotiations with the other party’s insurance company. Your case may proceed to trial if a fair settlement cannot be reached. They will present the evidence, argue your case, and present a defense in left turn accident before the judge or jury.
Common causes of left turn accidents
Left-turn accidents can occur due to various factors and driver behaviors. Some common causes of left turn accidents are:
- Misjudging Gap in Traffic: Some drivers may misjudge the gap in oncoming traffic, believing they have enough time to complete the left turn when, in reality, they do not.
- Distracted Driving: Distractions such as using a cell phone, adjusting the radio, eating, or engaging in other activities can divert a driver’s attention from the road
- Failing to Signal: Drivers who fail to use their turn signals or use them improperly when making a left turn can confuse other drivers, leading to unexpected maneuvers
- Speeding: Speeding can significantly increase the likelihood of a left turn accident.
Who is at fault in a left-turn accident?
In a left turn accident, the driver making the left turn is often considered at fault. This is because the driver making the left turn typically has a duty to yield to oncoming traffic and ensure it is safe to complete the turn.
However, determining fault in a left turn accident depends on the specific circumstances and applicable traffic laws. There may be exceptions or factors that can affect liability. Some common scenarios and considerations include the following:
- Clear right-of-way: If the driver making the left turn had a green left-turn arrow or a clearly established right-of-way, they may not be considered at fault. For example, if a driver had a protected left-turn signal and was hit by a vehicle running a red light, the fault would likely lie with the driver who ran the red light.
- Failure to yield: In most cases, the driver making the left turn is responsible for yielding to oncoming traffic. They may be deemed at fault if they failed to yield in a left turn accident, turned without sufficient time or space, or misjudged the speed or distance of oncoming vehicles.
- Contributory negligence: In some situations, both drivers may share the fault in a left-turn accident. For instance, if the driver going straight was speeding, ran a red light, or was distracted, their actions might contribute to the accident and affect liability.
- Comparative negligence: In jurisdictions that follow comparative negligence laws, fault, and liability may be allocated based on each party’s negligence degree. Even if the driver making the left turn is primarily at fault, the other driver’s actions or negligence may be considered in determining the allocation of damages.
How much is the left turn accident compensation?
In a left turn accident case, compensation may include economic and non-economic damages. Economic damages cover quantifiable financial losses, such as medical expenses, lost wages, and property damage. This includes reimbursement for medical bills, rehabilitation costs, lost income, and vehicle repair or replacement expenses.
On the other hand, non-economic damages seek to compensate for the subjective and intangible harm endured, including pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish caused by accident. The exact amount of compensation will depend on the specific circumstances of the case, the severity of the injuries, and the impact on the injured party’s life.
Injured in a left turn accident? Contact a lawyer
If you have sustained injuries in a rear-ended left turn accident or when a car passing has hit you while turning left, you may want to consult an experienced personal injury lawyer. With their expertise in left-turn accidents, they will navigate the legal process, gather evidence, and negotiate on your behalf, ensuring your interests are represented.