The left-turning driver is typically considered at fault under California Vehicle Code Section 21801. Left-turning vehicles are required to yield to oncoming traffic which is close enough to pose a hazard.
However, there are exceptions. For example, the oncoming driver may have been speeding, or may have run a red light or stop sign.
Fault depends on:
- Right-of-way rules
- Driver behavior
- Road conditions
- If the oncoming vehicle violated traffic laws
This article explores the topic of left turn accident liability for those who have been involved or injured in an accident involving a driver making a left turn.
Call our experienced car accident lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident involving a left-hand turn. A personal injury attorney at our firm can help you recover financial compensation for medical bills, lost wages, property damage, pain, suffering, wrongful death and more, and we will charge you no legal fee until we win your case.
Key Takeaways
- Drivers turning left must yield under California Vehicle Code Section 21801.
- If you were in an accident while turning left, the other driver can be at fault if they were speeding, ran a red light or were driving under the influence.
- Multiple drivers can share fault under California’s pure comparative negligence system, which reduces compensation proportionally.
- Evidence like traffic camera footage, police reports and witness statements are vital for establishing fault.
- Injury victims who were partially at fault can still pursue financial compensation under California law.
Table of Contents
- Is the Person Turning Left Always at Fault in a Left Turn Crash?
- California Left Turn Laws You Need to Know
- Determining Fault in a Left Turn Car Accident
- How California’s Comparative Negligence Rule Affects Your Case
- What Damages Can You Recover After a Left Turn Crash?
- What to Do After a Left Turn Accident in California
- When to Contact a Car Accident Attorney
- FAQ
Is the Person Turning Left Always at Fault in a Left Turn Crash?
No. Left-turning drivers are often at fault in left turn accident claims. However, fault is not automatic under California law.
The left turn intersection rules in California Vehicle Code Section 21801 dictate that drivers turning left need to yield to oncoming vehicles which are close enough to be hazards.
Traffic accidents which involve left turns are often complex rather than straightforward, as they can involve complicated liability issues. They can also be deadly, since many serious injuries as well as over half of fatal accidents happen at intersections.
Specific circumstances may lead to the oncoming driver being fully liable, such as when their conduct contributed to or caused a collision.
Left turn accident case scenarios where left-turning drivers may not be at fault include:
- Speeding oncoming drivers
- Oncoming cars running red lights or ignoring stop signs
- Oncoming drivers engaging in distracted driving, texting while driving or driving while impaired
- Sudden obstacles, like pedestrians in crosswalks, forcing turning drivers to stop mid-turn
Each case involving a left-hand turn accident will turn on its specific facts and evidence. Experienced attorneys can help left turn accident victims gather evidence which can prove vital in their cases.
California Left Turn Laws You Need to Know
California Vehicle Code Section 21801 is the primary statute which establishes the duty to yield for those turning left. This duty applies even when drivers have already entered intersections and started to turn.
Drivers who are turning left need to yield to oncoming traffic which is close enough to be a hazard. Drivers who are turning left must wait until it is safe under California law. It is required under California Vehicle Code § 21801 that left-turning drivers yield to hazards. A failure to yield while turning left is negligence per se.
Left turns without green arrows require yielding and caution.
Drivers turning left need to ensure they have a clear view before turning.
California Vehicle Code Section 22100(b) covers the mechanics of legal left turns:
- Drivers must approach as close as is practical to the left-hand side of the leftmost lane or part of the road lawfully available to cars, except when multiple turn lanes are available.
- Left turns may not begin until vehicles are inside intersections.
- Drivers may complete left turns into any lawfully available lanes in their new direction.
Green arrows grant the right of way to drivers turning left. These drivers may proceed with caution.
Green lights require drivers to yield to oncoming traffic before they turn.
U-turns are subject to the same yield requirements as left turns under California law.
Determining Fault in a Left Turn Car Accident
Investigators and courts in California look at multiple things regarding left turn accidents, not just which driver was turning.
Key factors which can determine who the at-fault driver is in a left turn accident include:
- If the turning driver used a turn signal and waited until it was safe to turn
- If the driver coming from the opposite direction was speeding or not
- If any driver at the accident scene ran a traffic signal or ignored a traffic sign
- Road design issues like malfunctioning signals or confusing intersection geometry
- Weather conditions which require reduced speed or additional caution
Fault determination in left-turn crashes can be affected by visibility issues, such as obstructions caused by vegetation, parked vehicles or large trucks.
Fault can be complicated when car crashes involve multiple vehicles. For example, fault can be complex when third drivers wave turning drivers through without accounting for adjacent lanes.
A 2010 NHTSA report on intersection-related crashes found that misjudgment of speed or gap and obstructed views are some of the most common reasons for left turn accidents at intersections with signals.
Legal professionals end up relying upon numerous types of evidence to determine liability in left turn accidents.
Fault may shift when an oncoming driver violates any traffic laws.
Liability commonly shifts based upon driver behavior and traffic signals.
How California’s Comparative Negligence Rule Affects Your Case
California uses a comparative negligence system regarding the assignment of fault. This means that fault can be shared between multiple drivers in California. Scenarios involving comparative fault often determine how drivers share liability.
While comparative negligence laws can vary by region and this can affect the splitting of liability, California utilizes a pure negligence system regarding accidents.
In California, each driver is assigned a percentage of fault for an accident.
Compensation is simply reduced by whatever percentage of fault is assigned. So, a driver found 30 percent at fault can recover 70 percent of their damages.
It’s important to remember that California’s comparative negligence system means that California law allows drivers to recover compensation even when they are partially at fault for an accident.
California, unlike some states, does not bar recovery for victims who bear a majority of fault.
Insurance companies and opposing attorneys often dispute fault percentages. This makes it vital to thoroughly document things from the start.
What Damages Can You Recover After a Left Turn Crash?
The compensation available after a left turn crash will depend on injury severity, available evidence and the percentage of fault assigned to each party.
Settlement values vary widely based on factors such as medical documentation, liability clarity and insurance policy limits.
If you or a loved one has been injured or killed in a left turn accident, our law firm can help you seek fair compensation for:
Medical Bills
All past and future medical expenses related to your left turn accident, including compensation for the costs of medications, ER visits, hospital stays, doctor visits, medical treatments, medical testing, physical therapy, rehabilitation and more.
Lost Wages
Wages you weren’t able to earn due to having to miss work to attend medical appointments or due to being hurt too badly to work.
Loss of Earning Capacity
Loss or reduction of earning capacity caused by a disability resulting from a left turn crash.
Property Damage
The cost to repair or replace your vehicle after a left turn collision.
Pain and Suffering
Physical pain, mental suffering, emotional distress and loss of enjoyment of life caused by a left turn accident.
Wrongful Death
Compensation for:
- Funeral and burial expenses
- Emotional suffering
- Medical bills incurred by your loved one prior to their passing
- Pain and suffering endured by your loved one prior to their passing
- The loss of your loved one’s income, love, companionship, spousal benefits and household services
Punitive Damages
Punitive damages may be available in some cases, including cases involving reckless driving or driving under the influence.
What to Do After a Left Turn Accident in California
If you have been injured in a left turn accident in California, you should:
- Prioritize safety. Call 911 if anyone has been injured.
- Request a police report. This may become critical evidence in a fault dispute.
- Photograph the scene.
- Collect names and contact information from all witnesses.
- Avoid making statements which could be interpreted as an admission of fault. Do not apologize.
- Notify your insurance carrier. However, be aware that insurance adjusters represent insurers’ interests.
- Seek medical attention as soon as possible, even if you don’t think you’re hurt that badly. It is critical to have any injuries documented by a medical professional as soon as possible. If you do not, an insurer may claim something other than your accident injured you and refuse to pay you for your injuries.
- Dutifully follow doctors’ orders and attend all follow-up appointments. Failing to do so can dramatically decrease the value of your case.
- Preserve all medical records, bills and documentation of missed work from the date of the crash going forward.
- Contact an experienced car accident lawyer who can protect you from insurance company tactics meant to minimize your compensation, gather evidence for you, and fight to reduce your percentage of fault, if applicable.
When to Contact a Car Accident Attorney
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in a car accident which involved a left turn.
We can help you recover financial compensation and we will charge you no legal fee until we win your case.
Call us today.
FAQs
Can I Still Recover Compensation if I Was the One Turning Left?
Yes. Whether you can still recover compensation or not depends on your level of fault.
California’s pure comparative negligence system lets you seek compensation even if you were turning left.
Your recovery will simply be reduced by, not eliminated by, your percentage of fault.
Your share of fault may be significantly reduced if evidence shows an oncoming driver was speeding, distracted or ran a red light.
A strong case can be built by documenting other drivers’ conduct through things like police reports, witness statements and traffic camera footage. An experienced lawyer can help you gather this evidence.
What Happens if Both Drivers Share Fault in a Left Turn Collision?
California’s pure comparative negligence rule applies when both drivers share fault in a left turn collision. Each driver is assigned a percentage of fault.
Compensation is reduced proportionally. So, a driver with a $100,000 claim found 35 percent at fault can recover $65,000.
Both at-fault drivers and partially responsible victims can seek compensation under this framework.
How Long Do I Have to File a Claim After a Left Turn Accident in California?
The statute of limitations for personal injury claims in California is, in most cases, two years from the date of the accident.
However, exceptions apply. Some exceptions shorten the time limit and others lengthen it.
One important exception is that claims involving government entities, such as claims involving defective signals or road designs, must be filed within six months under California Government Code Section 911.2.
Recovery is typically barred by missing these deadlines. This makes it important to promptly contact a lawyer after being injured in a left turn accident.
