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Who Is At Fault in a Left-Turn Accident?

Is the Driver Turning Left Always at Fault?

Who Is At Fault in a Left-Turn Accident?Under the rules of the road in New Jersey, drivers making a left turn must yield to oncoming vehicles. There are two exceptions: when the driver has a green left-turn arrow and when there are stop signs on both sides of the intersection and the driver turning has arrived at the intersection first. These rules suggest that in all other accidents where a driver was turning left, that driver caused the accident and should be liable.

While practically speaking that may be the result in an overwhelming number of such accidents, there is no hard and fast rule that makes the driver executing a left turn liable for causing the accident. Instead, the jury must look at all the facts to determine if there was any wrongdoing on the part of the driver traveling straight through the intersection.

Most personal injury claims are based on a legal theory of negligence, which requires that persons in society act reasonably at all times, whether driving a car, maintaining property, or manufacturing a product. The jury can look at the actions of both parties—if they were both acting unreasonably, they may both have some liability.

In some instances, a jury may even find that the driver traveling straight was solely responsible for the accident. Examples include exceeding the speed limit or running a red light. The jury may also determine that the driver traveling straight had a reasonable opportunity to avoid the accident but acted carelessly or negligently.

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-667-4666 to schedule an appointment. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

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