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.
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.
Contact a Left Turn Accident Lawyer
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.