The Fundamental Rule: Left-Turning Drivers Must Yield
Under New York Vehicle and Traffic Law Section 1141, the law is clear: drivers making left turns must yield the right of way to oncoming traffic. Specifically, the statute states that “the driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall 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 means that in most left-turn accidents, the driver making the turn is presumed to be at fault. However, like many legal matters, the reality is more nuanced than this basic rule suggests.
When the Left-Turning Driver Is at Fault
The left-turning driver will typically be found liable when they:
- Fail to yield the right of way to oncoming traffic that has the legal right to proceed through the intersection. This is the most common scenario in left-turn accidents.
- Misjudge the speed or distance of approaching vehicles, attempting to turn when there isn’t sufficient time or space to complete the maneuver safely.
- Turn against a red light or stop sign without coming to a complete stop and ensuring the intersection is clear.
- Make an illegal U-turn into oncoming traffic lanes.
- Drive while distracted by cell phones, passengers, or other distractions that prevent them from properly assessing traffic conditions.
- Exceed safe speeds while attempting the turn, making it impossible to avoid a collision or giving other drivers insufficient time to react.
Exceptions: When the Left-Turning Driver May Not Be at Fault
Despite the general rule favoring straight-through traffic, there are important exceptions where the left-turning driver may not bear full responsibility or any responsibility at all:
1. Protected Left-Turn Signals
- When a driver has a green arrow signal specifically authorizing the left turn, they have the right of way. However, even with a protected signal, the turning driver must still watch for pedestrians and cyclists in crosswalks.
2. Oncoming Driver Violations
The left-turning driver may not be at fault if the oncoming driver was:
- Speeding significantly above the posted limit, making it impossible for the turning driver to accurately judge the safety of the turn.
- Running a red light or stop sign when the turning driver had the legal right to proceed.
- Driving recklessly or aggressively, such as weaving between lanes or tailgating.
- Texting while driving or otherwise distracted, thus failing to maintain proper control of their vehicle.
3. Sudden Lane Changes
If an oncoming driver suddenly changes lanes just before an intersection and moves into the path of a vehicle that was already committed to a left turn, the lane-changing driver may bear responsibility.
4. Mechanical Failures or Medical Emergencies
In rare cases, sudden mechanical failures (such as brake failure) or unexpected medical emergencies may excuse a left-turning driver from liability, though these situations require careful legal analysis.
Understanding Comparative Negligence in New York
New York follows a “pure comparative negligence” system, which means that even if you’re partially at fault for an accident, you can still recover damages. Your compensation will be reduced by your percentage of fault, but you won’t be completely barred from recovery.
For example, if you were making a left turn and are found to be 60% at fault, but the oncoming driver was speeding and found to be 40% at fault, you can still recover 40% of your damages. This system recognizes that accidents often involve multiple contributing factors.
Why Left-Turn Accidents Are So Dangerous
Left-turn accidents tend to result in serious injuries for several reasons:
- T-bone collisions are common in left-turn accidents, where the front of one vehicle strikes the side of another. These side-impact crashes often result in serious injuries because vehicle sides offer less protection than fronts and rears.
- Multiple points of conflict exist when making left turns, as drivers must simultaneously watch for oncoming traffic, pedestrians, cyclists, and other turning vehicles.
- Limited visibility can be caused by parked cars, large trucks, weather conditions, or poor lighting, making it difficult to see oncoming traffic.
- Driver decision-making under pressure leads to poor judgment when drivers feel rushed or attempt to “beat” oncoming traffic.
Factors That Influence Fault Determination
When investigating a left-turn accident, several factors help determine who was at fault:
- Traffic Signals and Signs
The state of the traffic signals at the time of the accident is crucial. Police reports, witness statements, and sometimes traffic camera footage or dashcams can establish whether drivers had green lights, protected arrows, or were facing red lights.
- Vehicle Speeds
The speed of both vehicles at the time of impact affects fault determination. Oncoming vehicles traveling significantly over the speed limit may share responsibility even if the left-turning driver failed to yield.
- Point of Impact
Where the vehicles collided provides important clues about fault. If the turning vehicle is struck in the front, it may indicate that they turned too early. If struck in the rear portion of the vehicle, it might suggest the oncoming vehicle had time to stop but failed to do so.
- Witness Testimony
Independent witnesses can provide crucial information about what happened, including the behavior of both drivers leading up to the accident.
- Physical Evidence
Skid marks, vehicle damage patterns, and debris fields can help accident reconstruction experts determine how the collision occurred and who may have been at fault.
Special Considerations for Different Types of Left-Turn Accidents
Intersection Accidents
Most left-turn accidents occur at intersections, where the basic right-of-way rules apply. However, the specific type of intersection (signalized, four-way stop, uncontrolled) affects how fault is determined.
Driveway and Parking Lot Accidents
When turning left into or out of driveways or parking lots, the turning driver generally must yield to all traffic on the main roadway. However, property owners may have some liability if sight lines are obstructed.
Multi-Lane Roadways
On roads with multiple lanes in each direction, additional complexities arise. A driver may have a clear view of the nearest lane but not see a vehicle in a farther lane until it’s too late.
Pedestrian and Bicycle Involvement
Left-turning drivers must yield to pedestrians and cyclists, even when they have the right of way over vehicular traffic. These cases often involve serious injuries and complex liability issues.
The Role of Insurance Companies
Insurance companies play a significant role in fault determination, but their interests don’t always align with yours. They may:
- Attempt to assign maximum fault to their insured to minimize payouts,
- Dispute medical expenses and property damage claims,
- Offer quick settlements that don’t fully compensate for long-term injuries, and/or
- Use their own accident reconstruction experts, who may reach different conclusions.
Having experienced legal representation ensures your interests are protected throughout the insurance process.
Proving Fault in Left-Turn Accidents
Successfully proving fault requires gathering and preserving evidence, including:
- Police reports that document the responding officer’s observations and any citations issued.
- Photographs of vehicle damage, skid marks, traffic signals, and the accident scene.
- Witness statements from people who saw the accident occur.
- Traffic camera footage, when available, from municipal or private security cameras.
- Cell phone records that may show a driver was texting or calling at the time of the accident.
- Expert testimony from accident reconstruction specialists who can analyze the physical evidence.
What to Do Immediately After a Left-Turn Accident
Your actions immediately following an accident can significantly impact your ability to recover compensation:
- Ensure Safety First
Move to a safe location, if possible, but don’t leave the scene. Turn off vehicles and turn on hazard lights. Check yourself and others for injuries.
- Call 911
Always call the police, even for seemingly minor accidents. A police report provides an official record of the incident and the officer’s observations about potential fault.
- Seek Medical Attention
Even if you feel fine, adrenaline can mask injuries. Some injuries, particularly soft tissue damage, may not become apparent for hours or days.
- Document Everything
Take photos of all vehicles, damage, the intersection, traffic signals, and any relevant road conditions. Get photos from multiple angles showing the final positions of the vehicles.
- Exchange Information
Collect contact and insurance information from all drivers involved. Also, get contact information from any witnesses who saw the accident.
- Avoid Admitting Fault
Don’t apologize or make statements about who was at fault. Stick to factual observations about what happened. Let the investigation determine fault.
- Contact Your Insurance Company
Report the accident to your insurance company, but be careful about giving detailed statements until you’ve consulted with an attorney.
- Preserve Evidence
Don’t repair your vehicle until your attorney and insurance company have had a chance to inspect it. Keep all medical records and receipts related to the accident.
- Keep Detailed Records
Document all expenses related to the accident, including medical bills, lost wages, and property damage. Also, keep a journal of your symptoms and how the accident has affected your daily life.
The Importance of Acting Quickly
New York has specific time limits for filing personal injury claims, known as statutes of limitations. Generally, you have three years from the date of the accident to file a lawsuit, but certain circumstances can shorten this time period. Additionally, evidence can disappear, witnesses’ memories can fade, and insurance companies may become less cooperative over time.
How Harding Mazzotti Can Help
Left-turn accidents involve complex legal and factual issues that require experienced legal representation. The dedicated attorneys at Harding Mazzotti understand the intricacies of New York traffic law and have decades of experience specifically handling left-turn accident cases.
Our compassionate team knows that being involved in a serious accident can be overwhelming. We’re here to guide you through every step of the legal process while you focus on recovering from your injuries. We work diligently to investigate your case, gather evidence, negotiate with insurance companies, and, if necessary, take your case to trial.
With our deep understanding of New York’s comparative negligence laws, we can help ensure you receive fair compensation even if you bear some responsibility for the accident. We’ve successfully handled hundreds of left-turn accident cases and understand the unique challenges these cases present.
Our No Fee Policy
At Harding Mazzotti, we believe that everyone deserves quality legal representation, regardless of their financial situation. That’s why we have our No Fee Policy, which means you pay absolutely nothing unless we obtain a successful result in your case. There are no upfront costs, no hourly fees, and no hidden expenses. We only get paid when you get paid.
This policy allows you to pursue justice without worrying about the financial burden of legal fees. We’re so confident in our ability to help you that we’re willing to invest our time and resources in your case without any guarantee of payment unless we win.
Take Action Today
If you’ve been involved in a left-turn accident in New York, don’t wait to protect your rights. The experienced attorneys at Harding Mazzotti are ready to provide you with the compassionate, knowledgeable representation you deserve.
Click or call us today at 1-800-LAW-1010 to speak directly with one of our attorneys about your case. We offer free consultations and are available to answer your questions.
Remember, the sooner you contact us, the better we can protect your interests and build a strong case on your behalf. Don’t let insurance companies take advantage of you during this difficult time. Let Harding Mazzotti’s experienced team fight for the compensation you deserve.
Your recovery is our priority, and we’re here to help you every step of the way.
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