If you suffered an injury in a left-turn accident in Texas, you are not alone. Left-turn accidents are an incredibly common type of traffic collision, especially at intersections. The left-turning driver is typically – but not always – responsible for an accident under Texas law. Determining who is at fault in a left-turn accident can be complex, and the outcome can significantly affect your ability to recover compensation for your injuries.
Are There Instances Where the Left Turning Driver Is Not at Fault?
Sec. 545.153 requires drivers turning left at an intersection or into an alley, road, or driveway to yield the right-of-way:
- When an approaching vehicle from the opposite direction is in the intersection.
- When an approaching vehicle from the opposite direction is in such proximity as to be an immediate hazard.
In other words, drivers turning left must yield to vehicles already in the intersection or too close to allow the turning vehicle to complete the turn safely.
However, there are circumstances when a left-turning driver would not be at fault for an accident. First, if the left-turning driver had a green arrow light indicating they had the right-of-way, an oncoming driver would be responsible if an accident occurred.
Suppose the left-turning driver began to initiate the turn when an oncoming driver was far enough away to complete it safely. If the oncoming driver then sped up, causing an accident, that driver could be responsible.
Additionally, if the left-turning driver needed to swerve suddenly to avoid a hazard in the road, they may not bear full responsibility for the accident. Similarly, if another driver rear-ended a vehicle preparing to make a left turn, forcing it into the path of oncoming traffic, the rear-ending driver could be held responsible.
Ultimately the determination of fault in a left-turn accident will depend on the specific facts of the accident. A personal injury attorney can help gather essential evidence pointing to the responsible party.
How Is Fault Determined in a Left Turn Accident?
Even if you feel confident you know who is at fault for a left-turn accident, do you know how to prove it? Proving fault can be challenging, but a personal injury lawyer can help you by gathering evidence about the accident, how it likely occurred, and who is to blame for it. This evidence might include the following:
- Eyewitness testimony – Eyewitnesses who saw the accident can provide valuable information about the sequence of events leading up to the accident and who did what.
- Police crash reports – The police officer who responded to the accident scene will investigate the accident and prepare a report to document their findings. This report can include contributing factors to the accident and evidence of negligence.
- Surveillance videos – Videos from traffic cameras, dashcams, or businesses’ security cameras may have captured the accident as it occurred.
- Physical evidence – Physical evidence at the accident scene, such as skid marks or vehicle damage, can provide clues as to how the accident occurred and may point to who was at fault.
- Expert testimony – In some cases, an attorney might turn to accident reconstruction experts who can analyze the evidence and provide testimony that helps establish fault.
What Is Comparative Negligence and What Role Can It Play in Left-Turn Crashes?
In Texas, a driver who is partially at fault for an accident can still recover compensation for their accident-related losses. This is known as comparative negligence. Comparative negligence is a legal doctrine that allows for allocating fault and damages in accidents where multiple parties share the blame.
In these cases, the court may assign a percentage of fault to each driver and award compensation pro-rated according to their percentage of fault. So, for example, a driver who suffered $10,000 in losses because of a left-turn accident for which they were 20 percent to blame could recover $8,000 in compensation. However, Texas bars an accident victim from recovering any compensation if their share of fault exceeds 50 percent.
In a left-turn crash, comparative fault can significantly affect who is held liable for the accident and how much compensation injured parties can recover. For example, suppose the court finds the left-turning driver 60 percent at fault because they failed to yield to the oncoming driver. The court also finds the oncoming driver was 40 percent at fault because they were speeding. In that case, the court would bar the left-turning driver from recovering compensation, while the oncoming driver could recover compensation for their accident-related losses minus 40 percent for their share of fault.
Therefore, if the court determines you were partially responsible for a left-turn accident, it could drastically decrease the amount of compensation you could recover. That can be problematic if you suffer severe losses and need that money to piece your life back together. That’s why you should work with an experienced personal injury attorney who can effectively argue down the share of fault an insurance adjuster or court assesses you.
With the assistance of a skilled Texas left-turn accident lawyer, you improve your chances of recovering compensation for the following accident-related losses:
- Medical expenses, including hospital bills, doctor’s visits, physical therapy, and medication
- Lost wages and benefits
- Loss of future earnings
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of companionship
- Loss of consortium
- Diminished quality of life
- Property losses, such as car repairs
Contact a Texas Car Accident Lawyer Today
If you suffered an injury in a left-turn accident in Texas, the personal injury lawyers at The Wilhite Law Firm want to fight for your rights to recovery and demand the full compensation you deserve. Legal cases can be challenging to handle on your own, especially when you are hurting physically, financially, and emotionally. Our attorneys have the experience, resources, and resolve to seek maximum compensation for your injuries. We never charge any upfront fees to our clients for our representation.
Contact The Wilhite Law Firm for a free consultation with our Texas left-turn accident lawyers. We look forward to hearing from you at your earliest convenience.
