If you have been in an accident that involved a car turning left, you are probably wondering if you can recover your damages through a personal injury claim. A car turning left in a crash is almost always at fault for the resulting accident.
The driver of the car that illegally turns left is usually found to be at fault because traffic laws require drivers who are turning left to yield to oncoming traffic, which would have right of way in such situations. Accidents can have different circumstances, so you should consult with a personal injury attorney.
Completing the Accident Report
When you are involved in a crash, you need to call the police. When the police arrive on the crash scene and complete the accident report they will almost always give a ticket to the driver who was making the left turn.
The driver turning left is at fault because of laws regarding right of way. When you are at a traffic light, you can turn left when you have a green arrow. If there is just a green light without an arrow, you must make sure there is no oncoming traffic before you proceed through and make your left turn.
Exceptions
There are a few exceptions to the general rule that the driver turning left is at fault. The driver moving straight ahead may have run a red light, or was speeding at the time of the crash. The other traffic light may have been faulty. The driver turning left may have assumed that when they turned left, the other driver would not have proceeded because of a red light, but in fact this assumption may have been wrong because of the faulty light.
Another possibility is that the driver turning left may have correctly assumed that the way was clear, but had to stop in the path of other traffic suddenly to avoid hitting a pedestrian or other danger which suddenly appeared or because of a fault in the car.
Determining Negligence
To have a successful personal injury claim, you must show that the other driver was negligent. That means that you will need to show that the other driver violated traffic regulations. This means that he or she failed to yield right of way when a left-hand turn is involved.
Usually, the police report will indicate fault. To prove negligence, four elements must be met. Those elements include duty, breach of that duty, causation, and damages. As an example, every driver on the road has a duty to obey traffic laws and keep other drivers safe.
That duty is breached when he or she violates those laws, and in this case, fails to yield right of way. You will then show that because that driver failed to yield right of way, a crash resulted. Then, your damages were a result of that crash.
Maintain Documentation
You can suffer a variety of damages in a car accident caused by a left-hand turn. Common damages are property damages, medical expenses, lost wages, pain and suffering, loss of consortium, mental trauma, loss of enjoyment of life, permanent scarring, and much more.
You will need to keep documentation to support your claim. These documents will include your accident report, medical bills, medical records, proof of missed work and lost wages, photos of any damages and injuries, and statements from eyewitnesses. Car accidents lead to both economic and non-economic damages.
Consult With A Personal Injury Attorney
Personal injury claims are challenging. If you have been involved in an accident because of a left turn, you should consult with a personal injury lawyer. Complete the Free Case Evaluation Form to be put contact with an attorney who can review your case at no charge.
