Determining fault in left-turn accidents usually rests on establishing which driver had the right of way at the time of the crash. It’s pretty straightforward in most situations: Which driver was permitted to go first at a guided intersection with a traffic light or stop signs? Drivers attempting a left-hand turn must yield to oncoming traffic unless they have a solid green arrow turn signal (giving them the right of way).
Left-turn crashes are some of the most dangerous types of collisions for all involved. The car making a left hand turn may be hit broadside by the oncoming vehicle, and with little protection from the impact, the passenger could suffer grave injuries. The oncoming car hits the driver making the left turn head-on, and even with an airbag’s protection, there’s a good chance that the driver suffers fatal or near-fatal injury.
If you’ve been injured in a left turn accident, your claim may easily be contested. The advice of a Denver car accident lawyer can help you get the compensation you deserve.
Scenario #1: When the left-turning driver is at fault
In most left turn accident cases, also referred to as T-Bone accidents because of the shape the cars take after the impact, the car making a left-hand turn is the one at fault. Unless the driver turning left has a green arrow giving them the right-of-way, they’re expected to yield to any oncoming vehicles.
Those attempting a left hand turn also have the right-of-way when turning left at an intersection if they have a blinking green or yellow arrow; in these situations, they may turn if there is sufficient time and space to do so. If the turning driver misjudges the speed of the oncoming vehicle, they won’t have enough time to clear the intersection before the car hits them. Or, if the left-turning driver tries to “beat” a light before it turns, and the oncoming driver doesn’t expect them to turn, they may not have enough time or space to stop.
Scenario #2: When the driver going straight is at fault
Usually, the oncoming driver has the right of way, but they could be at fault for the wreck if they try to “beat” a yellow light and hit a left-turning driver whose signal arrow has just turned green. The oncoming driver may be approaching a yellow light, and instead of slowing down to allow the other driver to turn, they speed up and arrive at the intersection at the same time as the turning driver, colliding with them.
If the oncoming driver had been following the speed limit and yielded the right of way to the turning driver, the accident would have been avoided.
Scenario #3: Both drivers contribute blame for the crash
It’s not uncommon in left turn accidents for both drivers to share some of the fault for the collision. Colorado is an at-fault state for car accidents, which means that car accident victims can only receive compensation if they did not cause the crash.
Common scenarios in which both drivers contribute to the crash include instances where the oncoming driver was speeding and hit the turning driver. In these cases, both drivers may be to blame. The left-hand turning driver may have thought they had enough space and room to turn, and so attempted the turn on a blinking green light. That driver would have had enough time to make the turn had the oncoming driver not been speeding.
This is a fairly common scenario, underscoring why it’s so important to have a lawyer handle your claim.
Getting compensation after a left-turn accident
Colorado car accident laws permit the party who didn’t cause the wreck to claim compensation as long as they didn’t contribute more than half of the blame for the wreck. If you contributed a portion of the blame for the wreck, you could still claim compensation, but your award will be reduced by the percentage of the fault you contributed.
For example, if your damages are $25,000, and you contributed 25% of the blame for the crash (let’s say you were the left-turning driver who was hit by a driver speeding through the intersection), then you’ll receive $20,000, or 25% less than your initial damages.
Working with a personal injury attorney is your best chance of ensuring that you receive proper compensation for your medical bills, lost wages, and pain and suffering. Your lawyer can build a case establishing the other driver’s fault in the wreck and negotiate with the insurance company to prove that you weren’t to blame. If you did contribute to the crash, your lawyer can mitigate your fault so you’re not wrongly held liable.
Have you been involved in a left-turn accident and need to know your legal options? Call Zara Injury Law today at (866) 823-8288 for a free consultation.