Getting hit in a left-turn accident can leave you facing severe injuries, with questions about how to hold the other driver accountable. It’s not always clear who is at fault in a left-turn car accident, so you may need experienced legal guidance to ensure the best outcome for your case. At J.D. Silva & Associates, we can discuss your concerns during a free consultation.
Let’s examine how left-turn accident fault works and what’s required to pursue a claim for compensation in Texas.
Is the Left-Turning Driver Always at Fault Under Texas Law?
According to Texas Transportation Code Sec. 545.153, all drivers making a left turn in an intersection, parking lot, or on any road must yield the right-of-way to vehicles approaching from the opposite direction. If they do not, they are generally assumed to be at fault if there is an accident. However, there may be situations where the oncoming driver is to blame instead.
For example, if the left-turning motorist at an intersection has a green turn arrow indicating it is safe for them to turn and opposing traffic has a red light, an oncoming driver who runs the red light may be at fault. Another instance would be when an oncoming driver is far enough from the intersection that the left-turn driver can safely complete their turn, but the other driver speeds up and causes a crash.
Suppose a left-turning driver is hit from behind by another car, pushing them into oncoming traffic. In that case, the left-turn motorist may not carry any blame, and it could all be the fault of the negligent driver who rear-ended them.
Filing an Insurance Claim From a Left-Turn Car Accident
Under Texas law, all drivers must carry liability insurance that pays for bodily injury and property damage in an accident. To file an insurance claim against a wrongful left-turn motorist, you should contact the company and provide basic details of what happened. After that, ask your lawyer to manage the conversations and negotiations so you can focus on getting better.
Letting your lawyer do the talking also prevents you from mistakenly jeopardizing your claim since insurance representatives may try to trip you up so that you admit fault. They hope to pay you as little as possible and may use your words against you, while a skilled car accident attorney won’t fall for these tactics. Instead, they will use their understanding of the law and insurance policies to get a fair settlement for you.
Untangling the details of any car accident requires robust evidence showing exactly what happened so it’s clear who is to blame. By using this evidence and their negotiation skills, your car accident lawyer can effectively push for appropriate compensation from the at-fault motorist’s auto insurance to cover all your injury costs.
Evidence That Can Show Who Is at Fault in a Left-Turn Car Accident
In a personal injury claim, you must provide a lot of evidence showing who is in the wrong, how you were hurt, and the value of your claim. Your Pearland car crash lawyer can help you collect a lot of this documentation, preparing it for the strongest impact while negotiating or if your case goes to court. Some common kinds of evidence that can demonstrate left-turn accident fault include:
- Traffic camera footage: Most intersections in urban areas have traffic cams that capture what happens, and this often clearly shows fault.
- Dashcam footage: Video from your dashcam or the other driver’s car can show the details of the crash.
- Witness statements: Your attorney can interview those who saw the accident for their accounts.
- Physical evidence: The type, severity, and location of damage to your vehicle can indicate how the accident happened. Skid marks may help an accident reconstruction expert recreate an animation showing who is to blame.
- Medical records and other receipts: Your attorney can compile all your scans, tests, and other material associated with your injuries to support your claim for compensation.
Your lawyer can also help you obtain a police crash report that may show whether the responding officers issued a citation or indicated fault.
What if You Are Partly at Fault in a Left-Turn Car Accident?
In some situations, the police may decide that both you and the driver turning left share the blame for the accident. Under the modified comparative negligence statute in Texas, fault can be assigned to multiple parties. This can help you if you are fully innocent since you can seek compensation from all those to blame, but it may work against you if you contributed to the crash.
You can only file for damages if you are less than 51% at fault, so it’s important to have an attorney working for you who will aggressively work to minimize your part. Your settlement will be reduced by the same percentage of fault, so if you are found 20% to blame, you get 20% less. By producing clear evidence showing how the other party is more at fault, your lawyer may be able to secure a higher settlement.
Get the Powerful Legal Representation You Need After a Left-Turn Car Accident in Texas
Under the Texas statute of limitations, you only have two years to file a personal injury lawsuit if you’ve been hurt by an at-fault left-turn driver. Insurance negotiations can take valuable time away, so you must act immediately to hire a knowledgeable and skilled Pearland car accident attorney who can ensure you don’t lose your chance for compensation. At J.D. Silva & Associates, we offer free initial consultations so you get the help you need without adding to your bills.
We also provide a contingency payment structure, so you don’t pay if we don’t win for you. Left-turn accident fault is complicated, and you should not go it alone when trying to get the settlement you need. Contact us and schedule your free case review with our team and get powerful legal representation so you can get your life back on track.