Who Is at Fault in a Left Turn Accident?

The rules of the road in Louisiana dictate that a driver turning left must follow multiple safety procedures before and while making the turn. If the driver fails to follow through on all required actions, they will probably be found at fault should an accident occur. But not always.

It’s often assumed that the driver turning left caused the accident. However, that’s not always the case. Drilling down into the details of a traffic accident is critical when determining who is at fault.

CNN reports that left turns are “critical pre-crash events” in intersection accidents and occur in 22.2 percent of crashes while turning right is a pre-crash event in only 1.2 percent of such crashes. It’s also noted that left turns are “three times more likely to kill pedestrians than right ones.” The plain fact is, they’re one of the more dangerous maneuvers a driver can make.

What Are the Rules of the Road for Left Turns?

The key rules drivers must follow when making a left turn are:

• Drivers cannot drive more than 200 feet in a two-way left turn lane (this is a lane in the middle of the road which cars use from either direction to make a left turn)
• Drivers must be in the appropriate lane to make a left turn, whether they are on a two-way roadway or one-way, and they must enter into the appropriate lane as they’re completing their turn
• Drivers must use a continuous signal for at least 100 feet prior to their turn
• Drivers cannot make a sudden stop or deceleration for a left turn without signaling appropriately
• Drivers must yield the right of way to oncoming vehicles when making a left turn at an intersection

There are ancillary rules to safely making left turns. Licensed drivers in Louisiana are expected to know all of the rules of the road.

When a Driver Making a Left Turn Might Not Be at Fault For an Accident

Every accident is made up of unique components, but the following scenarios broadly address when fault might lie with a driver other than the one making a left turn:

• If the oncoming vehicle’s driver does not stop at a stop sign or traffic light and drives into the occupied intersection, hitting or being hit by the left-turning driver
• If the oncoming vehicle’s driver is speeding or driving in ways that are deemed dangerous or reckless and crashes into the turning vehicle
• If an unexpected event occurs, such as engine failure, which causes the left turn driver to slow down or stop during the turn and consequently be hit by an oncoming vehicle

Identifying the Liable Party in a Left Turn Accident

If you have been injured in an accident involving a left-turning vehicle, determining fault is necessary to pursue appropriate compensation for your losses.

In Louisiana, accidents must be reported to the police if the damage exceeds $500, or if there is an injury or death. The police will analyze the accident, talk to witnesses, and write up a report.

You or your attorney should:

• Take pictures of the accident scene and gather CCTV footage
• Collect copies of police and insurance reports
• Ask witnesses for their contact information and to describe what they saw
• Note down what you remember of the accident

Pure Comparative Negligence

Louisiana’s comparative fault civil code means that if it’s determined you were partially at fault for the accident by even a small amount, say 10 percent, you will receive 90 percent of the damages awarded to you rather than the full 100 percent. 

When fault isn’t readily apparent, adding in the pure comparative negligence standard complicates the claim. Speaking with our attorneys will help you sort out the percentage of fault and the reasonable expectations for your incident.

Statute of Limitations for Filing a Claim in Louisiana

You generally have two years to file a claim for personal injury or property damage resulting from a car accident, but there are exceptions to that, such as:

• The age of the injured person at the time of the accident — if an individual is under 18 years of age, the two-year limitation begins on the child’s 18th birthday
• The injury or cause of injury isn’t immediately known — the countdown begins when the true cause of the injury or the injury itself is discovered if the delay for discovery is reasonable
• There are multiple parties at fault for the injury or damage — some of the at-fault parties may be sued after the two-year deadline

Laborde Earles Injury Lawyers

Fault for a left-turn accident can be obvious, and the finger usually points at the driver of the left-turning vehicle. Call to schedule your free consultation with our personal injury attorneys today. We’re here to help you sort through the legal questions as you seek an appropriate compensation settlement or verdict.