Most automobile accidents in urban and suburban areas occur at intersections. Many of these involve vehicles making left turns. Determining fault for these accidents can be complex. Although the left-turning driver is often blamed, there are other scenarios where the fault may be shared. This has a direct impact on the damages that may be recovered by injured parties.

Indiana Code 9-21-8-30 states that a driver intending to turn left at an intersection “shall yield the right-of-way to a vehicle approaching from the opposite direction that is within the intersection or so close to the intersection as to constitute an immediate hazard.” Once yielding and giving a signal, the drive may make the left turn and drivers approaching the intersection from the opposite direction must yield.

Violation of this statute or any other traffic law not only can result in statutory penalties but also can serve as proof of fault in a civil lawsuit for damages resulting from the accident.

Even though the driver making the left turn is expected to yield initially, there may be circumstances where the oncoming driver is found liable. For example, the left-turning driver begins their maneuver after yielding but traffic conditions force them to stop midway. The driver of an oncoming car who fails to stop, causing a collision, may be at fault for misjudging the flow of traffic. Another scenario is when the oncoming driver is speeding or runs a red light. At intersections with four-way stop signs, each driver’s duty to yield is based on the traffic conditions. The same is true for uncontrolled intersections.

When there is a possibility that fault is shared, Indiana’s comparative negligence law applies. The amount of compensation an injured party receives is reduced by their percentage of fault. For example, if a left-turning driver is 40 percent negligent because they misjudged the speed of an oncoming vehicle, and the oncoming driver is 60 percent at fault for speeding, the left-turning driver can recover 40 percent of provable damages. A party cannot recover damages if they are 51 percent or more at fault.

If you are involved in a left-turn accident, an experienced automobile accident attorney can provide reliable advice and representation, both in proving fault by the other driver and in fighting allegations of comparative negligence. Our goal is recover the maximum damages to which you are entitled, including medical expenses, lost wages and pain and suffering.

The law firm of Rubino, Ruman, Crosmer & Polen in Dyer, Indiana, concentrates its practice in in personal injury cases across the state. Call us at 219-227-4631 or contact us online to schedule a free consultation.