Who Is at Fault in a Right-Turn Accident?

The fault for a car accident is usually attributed to the driver whose negligence caused it. An accident that occurs when one driver is turning right can have various causes and contributing factors, including failing to yield the right of way and failing to signal appropriately. Determining fault in a right-turn accident means identifying the negligent action that caused the collision. 

Even if your recollection of the accident is clear, you still have to prove the at-fault driver’s negligence to recover financial compensation. A car accident attorney can help you prove the elements of negligence, build a strong case file, and demand fair and appropriate compensation.

What Is the Correct Way to Make a Right Turn?

Like every driving maneuver, motorists should make a right turn with caution and attention. As you approach the intersection, use your turn signal to notify other drivers and pedestrians of your intent. When turning right at a red light, stop and wait for the light to turn green. If you are permitted to turn right on a red light, do so cautiously and:

• Decrease your speed 
• Stay as far to the right as possible
• Turn from the right lane into the right lane
• Yield to pedestrians 
• Look for pedestrians and cyclists
• Complete your turn

If you were hurt in a right-turn accident, a personal injury lawyer in your area can help you file an insurance claim or lawsuit for financial recovery.

How Can I Prove the Other Involved Driver Was at Fault?

Your lawyer will listen to your version of events and collect supportive evidence. From there, they can prove the following legally required elements of negligence:

• Duty of care: The responsibility to make a safe right turn according to the rules of the road
• Breach of duty: Any action that does not adhere to the rules of the road and puts others at risk
• Causation: The right-turn accident would not have happened without the at-fault driver’s actions 
• Damages: The accident had financial consequences

Negligent actions that cause right-turn accidents include making too wide of a turn, not signaling your turn, failing to yield, and disregarding traffic signs and signals. Your legal team will investigate and get to the bottom of the accident’s cause. 

What Damages Can I Recover After a Right-Turn Car Accident?

You can pursue compensation from the at-fault driver and/or their insurance provider. Your lawyer may demand the following damages on your behalf:

• Economic damages, including past and future medical bills and lost income, loss of the ability to earn in the future, and property damage, loss, or diminished property value
• Non-economic damages, including physical disability, physical disfigurement, ongoing pain and suffering, mental and emotional distress, and loss of enjoyment of life
• Wrongful death damages, where applicable, including funeral and burial expenses, loss of your loved one’s income, loss of their domestic support, and loss of consortium and companionship

Before creating and submitting your demand letter, your lawyer will carefully detail your recoverable damages to ensure the other party doesn’t undervalue your case.

How Soon Do I Have to File an Insurance Claim or Lawsuit?

Every state has its own time restriction, known as the statute of limitations, for filing a civil lawsuit. It is a limited window of opportunity to sue the other party. In Louisiana, the statute of limitations is usually two years, per CC Art. 3492. If you don’t bring your lawsuit before the deadline, you cannot collect damages.

A personal injury lawyer can explain the filing deadline in your case and any factors that cause it to fluctuate, comply, and avoid the costly consequences of filing your lawsuit too late.

Do I Have to Deal With the Insurance Company by Myself?

Insurance companies require significant proof of their policyholder’s negligence before paying damages. Building a compelling evidence collection on your own can be daunting and time-consuming. 

Let your lawyer handle it. The case file they develop for you can include:

• The car accident report that contains notes and diagrams from the investigating officer and contact details for the other driver, their insurance company, and accident witnesses
• Medical records and bills that describe your injuries, their cause and costs, and your know and anticipated treatments
• Employment and salary history records that prove the value of your income loss, including full and part-time work, freelance and consultancy work, and business losses

Your legal team will gather accident reconstruction reports and photos of your injuries and the accident scene. They might even request security, smartphone, and dashcam video and witness statements.

What Are Other Tasks a Car Accident Lawyer Can Help Me With?

In addition to building your case file, your lawyer will:

• Determine the monetary value of your case
• Complete and submit insurance claim forms
• Locate and interview witnesses
• Speak with interested parties on your behalf 
• File your insurance claim or lawsuit on time
• Clarify complex legal terminology and jargon
• Answer your legal questions and concerns
• Provide ongoing updates on your case
• Negotiate a favorable monetary settlement
• Represent you in court if they cannot come to a settlement agreement

With a lawyer on your side, you can focus on recovering from your injuries or on helping an injured loved one through their recovery.

Free Review of Your Car Accident Case Is Available 24/7

If you or a loved one was injured in a recent car accident when another driver negligently made a right turn, our law firm can help you recover damages. We will investigate and determine who was at fault in the right-turn accident.

Contact Laborde Earles to get started today. The first call is free of charge.