Is a Car Making a Left Turn Always At Fault in an Accident?
Turning left at an intersection, while often a necessary maneuver, is among the most common precursors to a crash at these locations. In a study from the National Highway Traffic Safety Administration (NHTSA), researchers found that making a left turn was the critical pre-crash event — the key factor leading up to the crash — in more than 22% of all crashes at an intersection. This was the single most common factor, with only a vehicle traveling off the road as the pre-crash event coming close to the same frequency.
Making a left turn across oncoming traffic should be a simple, routine maneuver for any driver, but there are several reasons why it’s more complicated and dangerous than it appears at face value. Depending on the intersection, the driver making the turn may need to take into account the speed of oncoming traffic from three different directions, as well as potentially limited visibility in one or more of those directions. In addition, driver frustration often plays a factor in making a rash decision behind the wheel and recklessly taking a left turn when it’s not safe.
Waiting for the right gap in traffic can take a long time depending on the amount of traffic present at the intersection, and as time winds on, the driver’s patience may wear thin and lead them to take a chance they otherwise would not.
Illinois Law Puts the Responsibility on the Driver Making a Left Turn
Under Illinois law, the driver making a left turn is primarily responsible for yielding the right of way. 625 ILCS 5/11-902 states that any vehicle intending to make a left turn at any location must yield the right of way to any oncoming vehicle. Because of this law, almost any crash involving a driver making a left turn will place the responsibility on that driver. However, this does not mean that they will always be found to be at fault. If the other vehicle or vehicles involved in the crash were taking illegal actions like speeding, running a red light, or some similar dangerous maneuver, then they could also be found to be at fault for the crash.
Understanding Turns in the Context of Illinois’ Modified Comparative Negligence Standard
Illinois has adopted modified comparative negligence when determining who can recover damages after an accident. This means that as long as the injured party seeking compensation is found to be not more than 50% at fault, they can still recover damages proportional to the percentage they are found not at fault. For example, if the driver making the left turn was found to be 30% at fault for making that turn, but the oncoming driver was found to be 70% at fault for running a red light, then the driver who is less at fault can still recover up to 70% of the damages caused by the crash.
Where To Get Help If a Turning Accident Injured You in Marion, IL
If you were seriously injured in a crash caused by someone else’s negligence, you may be able to file a lawsuit to secure compensation to cover the repair costs, medical bills, and other damages you may have suffered. At Prince Law Firm, our Illinois car accident lawyers have spent more than 20 years working with injured victims to fight for and secure the legal outcome they need. Contact our firm today to discuss your case in a free initial consultation.
