Traffic laws are designed to ensure safety on the roads and help establish liability in case of accidents. Some traffic laws can get complex. In California, the legal landscape surrounding left-turn accidents can be intricate. Who’s at fault in a left-turn accident in CA? Cases that involve left turn accidents can be influenced by several factors, including the traffic signals and the actions of parties involved in the car accident. Let’s understand who is at fault for a left turn accident in California.
The Legal Framework for Left Turn Accidents in California
A left turn accident occurs when a vehicle making a left turn collides with oncoming traffic, such as another vehicle, a motorcyclist, a bicyclist, or even a pedestrian. The legal framework for left-hand turn accidents in California is based on right-of-way rules. These laws refer to the legal process to proceed. For example, if the intersection has a left turn arrow, then the driver must wait until the signal turns green before they make the left turn. On the other hand, with a standard tri-light controlled intersection (with no dedicated left-turn arrow traffic signal), according to California laws, the driver that is turning left must yield the right of way to the incoming traffic. Often, when the oncoming vehicle enters the intersection on a green or amber-colored traffic signal, they have the right of way. This means that the left turn can only be executed once the opposite lane is clear and it is safe to proceed. If the oncoming vehicle enters the intersection at a red light, they will generally lose their right of way, and the left-turning vehicle assumes the right of way. There are a series of exceptions to these general principles, and often, being familiar with the delicate nuances of those exceptions and legal principles makes the difference between success and failure in a disputed liability left-turn case.
Left-hand accidents can become more complex if more than one party is at fault. California follows a competitive negligence system, which means that fault can be shared among multiple parties, including oncoming vehicles. According to this system, dam victims are awarded damages based on their relative fault. For example, if one driver did not yield the right of way, but the other driver involved in the car crash was also overspeeding, that means both parties are at fault.
According to the comparative negligence system, the awarded damages will be adjusted according to the percentage of fault in the accident. However, a key component of the system is that if you are found to be partially responsible for more than 50% of the fault for the car accident, you cannot recover any damages.
Factors Considered When Determining Fault in Left Turn Accidents
Several factors need to be considered when determining left-turn collision liability California. Did the driver yield to the right of way? Did they signal their intent to turn? Was the other driver driving within the speed limit? Did all parties involved in the crash take reasonable actions to prevent the accident?
Along with the drivers’ actions, other factors are also considered in left turn accidents, such as the design of the intersection and weather conditions. If the weather conditions had resulted in poor visibility or slippery roads, the drivers should have adjusted their driving accordingly, and not doing so could be considered negligence that led to the accident. If the road was slippery, the motorists may not have been able to control their vehicles adequately. In such conditions, motorists should reduce their speed to give them extra time to bring their car to a stop or make an urgent maneuver to prevent a collision.
Traffic signals and signage play a crucial role in maintaining safety at intersections. When signals are unclear or malfunctioning, drivers can be confused about when it is safe to navigate through the intersection. For instance, a traffic light that flickers or an obscured stop sign can lead drivers to make split-second decisions without complete information. This uncertainty can significantly increase the risk of collisions, especially during busy traffic hours.
In some cases, multiple parties could be involved in a left-turn accident. For example, motorists could be confused by a pedestrian who was trying to cross the road. Their actions could result from trying to prevent a collision with a pedestrian, which can often cause serious injuries.
Common Scenarios of Left Turn Accidents
Left-hand turns might seem easy, but they involve a lot of complexities that every driver needs to know. Whether you’re an experienced driver or just getting started, there are key practices to remember that will help ensure both your safety and the safety of others on the road.
The most common left-turn accident involves one vehicle turning left at a turn signal while the other is driving straight, colliding. However, left-turn accidents can also happen in different scenarios. For example, a motorist turning left might hit another vehicle going in the same direction while changing lanes.
Some traffic rules may not apply to emergency vehicles such as ambulances, which are allowed to bypass specific traffic laws to reach their destination as quickly as possible. The Aver turning left may not notice the ambulance, which could lead to an accident. The most common causes of left-turn accidents include inattention, distracted driving, obstructed vision, reckless driving, and DUI.
Steps to Take Immediately After a Left Turn Accident
If you get into a left turn accident, there are a few key steps you must take to protect your rights. However, your priority in the immediate aftermath of the accident should be health and safety. Check for injuries. If you or anyone involved in the other vehicles is hurt, call 911 for emergency medical assistance.
In any case, you should notify law enforcement officials about the accident. While you wait for them to arrive at the site, you can move your vehicle to a safe location. Turn on your hazard lights to alert other drivers of the accident.
Even for minor injuries, you may want to have a medical check-up. Accident victims often underestimate the severity of their injuries, so it’s always best to have a medical professional assess the situation.
Once safety has been addressed, you can start building a strong case to recover compensation for your losses. You can start by exchanging information with other parties involved in the accident. Get auto insurance details, vehicle registration number, and contact information. Cooperate with law enforcement officials as they create a police report, which you will likely need as evidence if you plan on filing an insurance claim or lawsuit. We can obtain a copy of this report from the police station.
If the left turn accident was caused by road conditions, traffic signals, or other factors, take some photos and videos. Capture any relevant signs, road markings, and the surrounding environment at the accident scene. These details can help clarify what happened. Obtain the contact details of any witnesses, as their accounts may be helpful in explaining the circumstances that led to the left turn accident. Their statement or testimony can be crucial in establishing California’s left turn accident fault.
Share the details of the accident with your insurance company to initiate the claims process. However, keep in mind that the insurance company may use various tactics to reduce their payout. Consider consulting with an experienced attorney to understand how the process works and what information you should share with the insurance company. The attorney can also guide you on other steps you need to take to protect your rights.
If you’ve been in a motorcycle accident, reaching out to a motorcycle accident attorney can help you navigate the next steps and protect your rights. On the other hand, if you’ve had an unfortunate encounter with a truck, a truck accident law firm can provide the specialized support you need to get through these challenging times.
In most cases, driving turning left is presumed negligence; however, this is not always the case. The oncoming driver moving in the opposite direction could also be at fault. For example, if the oncoming vehicle is overspeeding or running a red light, then the driver of that vehicle could be at fault.
The left-turning driver may have the burden of proof and would need to present evidence that puts fault on other drivers. Whether you are the left-turning driver or not, you will need proof, such as witness statements or surveillance footage, to help prove who was at fault. Having solid evidence not only enables you to establish fault but also ensures that parties involved in the accident are treated fairly.
Compensation for Damages and Injuries in Left Turn Accidents
Left-turn crashes can lead to significant damages and injuries. As a victim, you may be able to seek compensation for your economic expenses, such as medical bills, property damage, lost wages, and non-economic expenses, such as pain and suffering. After filing a claim with the insurance company, you can expect to have an adjuster assigned to your case. The adjuster will assess the details of the accident, including the evidence you provided, to calculate the total amount of compensation you may be entitled to. You can work with your attorney to negotiate with the insurance company to maximize this amount. If no fair settlement can be reached, you can consider other legal options, such as filing a lawsuit against the at-fault driver or their insurance company.
How The Law Offices of Rosenstock and Azran Can Assist in Navigating the Legal Process?
At the Law Offices of Rosenstock and Azran, our attorneys provide comprehensive support for clients involved in a left turn crash. Our team is well-versed in California law that applies to such cases, and they can use their experience and legal expertise to help you navigate the complexities of your situation.
During our first consultation, we will evaluate your situation to inform you of your legal choices. We will manage every legal aspect of your case, from collecting evidence and assessing liability to filing your claim, negotiating with the insurer, and ensuring you receive the optimal settlement.
While we build a strong case to help you recover maximum compensation, you can focus on your recovery. At our law firm, we take a personalized approach to each case so we can tailor our legal strategy to meet your specific needs and goals. To get started, call us to schedule a free consultation with our personal injury attorney Encino.