Is The Driver Who Makes A Left Turn Always To Blame In An Accident?
When an accident involving a driver who made a left turn occurs, it’s almost always assumed that the left-turning driver is to blame. This is primarily because most accidents involving a driver who made a left turn in Florida occur because left-turning drivers ignore right-of-way laws.
Indeed, no one in specific has the right of way in Florida. However, there are laws in place that explain who must yield (give up) the right-of-way. For example, according to Florida law, a driver intending to make a left turn within an intersection or into an alley, a driveway, or private road is required to yield the right-of-way to any motor vehicle approaching from the opposite direction. A left-turning driver is also required to yield the right of way to motor vehicles legally passing on the left of the turning vehicle, which is within the intersection or so close to the intersection as to constitute an immediate danger.
While the assumption that left-turning drivers are always to blame when an accident happens is completely understandable, it is inaccurate. Irrefutably, often, the left-turning driver is to blame when an accident occurs. Still, there are times when the other driver or another party might be at fault, either partially or wholly. In some situations, a motorist who made a left turn would not be considered at fault or would only be considered partly at fault after an accident occurs. The following are three of these situations:
The Other Vehicle Ran a Stop Sign or Red Light
Suppose another driver commits a traffic violation, such as running a stop sign or red light, and their violation causes an accident. In that case, the driver who made a left turn might not be held liable, or they may only be held partly responsible.
The Other Driver Was Speeding
Suppose the other driver involved in an accident with a driver who made a left turn was going too fast. In such a case, the speeding driver may be held partly or entirely liable for the accident.
Unforeseen Circumstances
It is possible for an accident involving a left-turning driver to occur because of unforeseen circumstances. Some of the unforeseen circumstances that can lead to an accident include;
- a wandering animal,
- an obstacle on the road,
- a pedestrian or cyclist darting into the road.
If unforeseen circumstances lead to an accident, the court might find the party responsible for the unexpected event partly or entirely liable for the accident.
Comparative Fault
It is crucial to note that, in determining how much to award an accident victim in a case involving a left-turning driver, Florida uses what is known as the “comparative fault” rule. According to this rule, if a plaintiff is partially responsible for an accident in which they sustain injuries or damages, their recovery of damages will be reduced.
Contact Us for Legal Help
If you were in a Florida accident that involved a left-hand turn, contact one of our West Palm Beach personal injury attorneys at The Pendas Law Firm to get legal help. We can help you determine liability and obtain the compensation you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, Fort Lauderdale, Fort Myers, Miami, Jacksonville, Tampa, Ocala, Bradenton, and Daytona Beach areas.
Resource:
wnyc.org/story/left-turns/