Many drivers involved in a left-turn collision wonder who is at fault. Is it the person who turned in front of traffic or the one who did not slow down for the turning driver? Because a left-turning driver must yield the right of way to oncoming traffic, they are often legally to blame for colliding with an oncoming vehicle. However, this is not always the case.
Are There Exceptions to the Assumption of Fault in a Left-Turn Accident?
Although the left-turning driver is presumed to be at fault for a collision, exceptions to this rule may apply in certain circumstances, such as:
- The driver traveling straight was speeding – The oncoming driver may bear some or all the fault for a left-turn accident caused by speeding. A speeding driver may make it harder for a left-turning driver to judge whether they can safely complete their turn before the other driver reaches them.
- The left-turning driver had the right of way – A driver traveling straight may be to blame for an accident if they drive through a red light while the left-turning driver had a green light. Similarly, a driver traveling straight may have liability for a left-turn accident at a stop sign-controlled intersection if they fail to stop at the stop sign when the left-turn driver has already started their turn.
- The left-turning driver’s safe turn was somehow delayed – A left-turning driver may not have liability for a left-turn accident if they could safely complete their turn when they began it but had to stop in the middle due to no fault of their own. For example, a left-turning driver might not be to blame for a crash if a pedestrian or animal enters the intersection or a left-turning vehicle in front of them unexpectedly stops.
What Evidence Is Used to Determine Fault in a Left-Turn Accident in Virginia?
Evidence that police, insurance companies, and courts use to determine fault for a left-turn accident include:
- Police accident reports
- Surveillance or traffic camera footage
- Dashcam footage
- Eyewitness testimony
- Driver cell phone records
- Driver drug and alcohol test results
- Vehicle event data recorder (“black box”) logs
- Post-accident vehicle inspections
- Vehicle maintenance records
- Accident reconstruction expert reports
How Do Most Left-Turn Accidents Happen?
Common causes of left-turn collisions include:
- Failing to yield the right of way
- Running a red light or stop sign
- Speeding
- Distracted driving
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Failing to signal before turning
- Illegal turns
- Other vehicles stopping in the intersection
- Misjudging the speed or position of an oncoming vehicle
- Driver inexperience with traffic laws or the rules of the road
- Poor visibility due to low lighting or bad weather conditions
- Visual obstructions
What Are the Most Common Collisions in a Left-Turn Accident?
Some of the most common collision types in left-turn accidents include:
- T-bone collisions – Many left-turn accidents involve a side-impact or “T-bone” collision, where the front of one vehicle impacts the other vehicle’s side.
- Head-on collisions – A head-on collision may occur if the left-turning driver has only just begun their turn when they collide with an oncoming vehicle, causing the front of the left-turning vehicle to crash into the front of the oncoming vehicle.
- Sideswipe collisions – Sideswipe collisions, or crashes where the sides of both vehicles scrape alongside each other, may occur when left-turning and oncoming drivers swerve to avoid colliding but still hit each other.
- Rear-end collisions – Left-turn accidents may involve a rear-end collision if the rear driver accelerates too aggressively or the front driver unexpectedly stops in the middle of the turn.
What Should You Do After Being Involved in a Left-Turn Accident?
Taking the following steps can help you pursue the compensation you deserve after a left-turn accident:
- Get the other driver’s license and insurance information.
- Report the accident to law enforcement. Request copies of the police accident report and other crash records.
- Seek prompt medical attention to have a doctor diagnose any injuries you may have suffered in the crash. Follow your doctor’s treatment recommendations.
- Obtain copies of medical records from your treatment.
- Notify your insurance carrier of the collision in a timely manner.
- Keep any bills, invoices, or receipts of expenses you incurred due to the accident, such as medical care or vehicle repairs.
- Gather your pay stubs or income records to determine your lost wages.
- Document your recovery in a journal, noting the pain, emotional distress, or physical difficulties you experience because of your injuries or treatment.
- Avoid posting about the accident or your injuries on social media, and refrain from posting photos and videos of yourself while undergoing treatment for your injuries.
- Contact a Virginia car accident lawyer as soon as possible to begin investigating your case and pursuing compensation claims against an at-fault driver or other liable parties.
Does Virginia Set a Time Limit for Filing a Lawsuit for My Injuries?
Under Virginia’s statute of limitations for injury claims, you have two years to file a lawsuit after a left-turn accident. If you file a lawsuit after the statute of limitations has expired on your claim, the court could dismiss your case, and you may lose your right to recover compensation. Due to the deadline for filing a lawsuit for a left-turn collision, you should speak to a Virginia car accident lawyer as soon as possible to ensure you file your legal claims on time.
Contact a Virginia Car Accident Lawyer
After a left-turn crash in Virginia, you should talk to a lawyer about your legal options for recovering compensation for your injuries and losses. Contact Marks & Harrison today for a free, no-obligation consultation with a Virginia car accident lawyer. We look forward to meeting you, hearing your story, and telling you how we can help.
