Typically, in left-hand turn accidents, the driver making the turn is considered at fault. However, there are instances where the other motorist may be held partially or totally responsible. Whether you’re the one making the turn or the oncoming driver, knowing the rules and how fault is determined can significantly impact insurance claims and legal disputes.
How is Fault Determined for Left-Turn Accidents in Texas?
In Texas, fault in left-hand turn accidents is guided by the modified comparative negligence rule and a presumption against the left-turning driver. This presumption generally holds that the driver making the left turn is at fault because they must yield to oncoming traffic, which has the right of way.
Modified Comparative Negligence Rule
The modified comparative negligence rule in Texas determines fault and how damages are awarded in accidents. Under this rule, a party’s compensation is reduced by their percentage of fault. If an individual is found 51% or more responsible for the accident, they cannot receive damages from other parties.
Presumption Against Left-Turning Driver
In left-turn accidents, Texas law presumes that the left-turning driver is at fault since they must yield to oncoming traffic. However, this presumption can be overturned if evidence shows the oncoming driver contributed to the accident.
Exceptions to Left-Turn Fault
There are situations where the oncoming driver can be held partially or fully responsible. These include:
- Speeding
- Running a red light
- Violating traffic signal regulations
- Making unexpected stops
- Abrupt braking without reason
In such cases, an investigation is necessary to determine the actions of all drivers and accurately assign fault.
Oncoming Car Speeding
If the oncoming car was speeding, it may prevent the left-turning driver from properly judging the oncoming car’s speed and distance, which could shift fault toward the speeding driver.
Oncoming Car Ran Red Light
If the oncoming car runs a red light, this clear violation can lead to the oncoming driver being found at fault for the accident.
Traffic Signal Violations
Violations of traffic signals by the oncoming driver, such as ignoring a stop sign, may transfer fault to them.
Abrupt Braking Without Cause
If the oncoming driver abruptly brakes without reason, leading to a collision, they may be held liable.
Evidence for Determining Fault
Determining fault in left-hand turn accidents requires gathering evidence such as:
- Traffic camera footage
- Eyewitness statements
- Police reports
- Physical evidence like skid marks
This evidence is critical in establishing the sequence of events and supporting insurance claims or legal disputes.
What Steps Should I Take After a Left-Turn Accident to Protect My Claim?
After a left-hand turn accident, take the following steps to protect your claim:
Check for Injuries
Check for injuries and ensure everyone’s safety. If anyone is injured, seek medical attention immediately.
Exchange Information
Exchange contact and insurance details with the other drivers involved.
Document the Accident Scene
Take photos of the accident scene, including vehicle damage, road conditions, and traffic signals. This evidence is essential for supporting your claim.
Report to the Police
If there are injuries, you must report the accident to the police. The police report will help with insurance claims and legal proceedings.
Seek Medical Treatment
Even if injuries are not immediately apparent, seek medical attention. Some injuries may not show symptoms right away. Prompt medical care helps protect both your health and your claim.
Contact Your Insurance Company
Notify your insurance company promptly to begin the claims process. Provide detailed information and documentation.
Consult an Attorney
Consult a car accident lawyer to protect your rights and help you navigate the claims process.
Contact Us Today
If you were involved in a left-turn accident, whether as the driver turning left or the oncoming driver, it’s important to consult with a car accident lawyer. At Loncar Lyon Jenkins, our car accident attorneys can investigate the accident, identify the liable party, and help you recover compensation for your damages. Contact us today to schedule a free consultation.
