If you were recently involved in a car accident involving a left turn, you might be curious about how to establish fault. You and the other driver may have very different versions of events that led up to the accident. An experienced San Antonio left turn accident lawyer can help gather the evidence necessary to establish your right to compensation for your medical expenses, lost wages, and other damages.
Understanding the Law
Texas law explicitly states that drivers turning left at an intersection or into a road, alley, or driveway must yield the right of way to an approaching vehicle traveling in the opposite direction that is in the intersection or that is so close that it would be an immediate hazard to turn in front of it. For this reason, many left-hand turn accidents are attributed to the driver turning left because they failed to yield the right of way, as required by law.
However, situations can arise when the vehicle traveling straight is at fault for the accident. For example, if a driver was supposed to stop at a red light and a vehicle was turning at the light, the driver who ran a red light may be found responsible for the collision. Drivers traveling straight who cause collisions because they are speeding, impaired, or fatigued could be held responsible for these crashes. The insurance companies and lawyers involved in the case can conduct investigations to determine fault.
What If Both Drivers Share Fault?
In some motor vehicle accident cases, both drivers share some of the blame for the accident. In these situations, Texas’s modified comparative fault system can come into play. Under this system, a claimant cannot recover damages if their percentage of responsibility is greater than 50%. If it is below this limit, they can still recover compensation, but their damage award is reduced by the degree of fault attributed to them.
For example, suppose you were traveling straight, going slightly over the speed limit. The other driver suddenly turns left in front of you, causing a collision. The jury could determine you were 10% at fault, so your damage award would be reduced by 10%.
Evidence that Can Prove Fault in a Left-Hand Turn Accident
Because Texas is an at-fault state for car accidents, you and your San Antonio car accident attorney must gather substantial evidence to prove the other driver is primarily or entirely responsible for the collision. Evidence that can help establish fault may include the following:
- Accident reports: Police reports prepared by an objective officer can be powerful evidence in a left-turn accident claim. The report may provide details about a preliminary determination of fault or whether the other driver was cited for violating a traffic law.
- Witness statements: Objective statements from witnesses who observed the accident can also help piece together the factors that contributed to the accident.
- Video footage: Traffic cameras, dash cams, or CCTV footage could have captured the impact when it occurred.
- Accident reconstruction reports: Accident reconstruction experts can piece together objective evidence to create visual representations of how the crash likely occurred.