If you have been in a crash while making a left turn, you already know that the other driver’s insurance company will almost certainly try to blame you. That is because the rules of the road, and the law behind them, put a heavy burden on anyone turning left. Understanding how fault is decided in these collisions will help you protect yourself, whether you were the one turning or you were hit by someone who was.
The basic rule is simple: a driver making a left turn must yield to oncoming traffic that is close enough to pose a hazard. This applies at intersections, driveways, parking lots, and anywhere else a left turn is made. The law considers a left turn to be the most dangerous move a driver can make because it crosses the path of vehicles traveling in the opposite direction. Because of that danger, the driver turning left is expected to wait until the way is completely clear before starting the turn.
When a crash happens, the default assumption is that the left-turning driver is at fault. Insurance adjusters, police officers, and judges start from that position. The left-turning driver has the burden of proving that the other driver caused the crash. That is a heavy load, and it explains why so many left-turn accidents result in the turning driver being held responsible.
But the default assumption is not absolute. There are situations where the driver going straight can be found partially or fully at fault. The most common example is speeding. If a driver is going well over the speed limit, the left-turning driver may not have been able to judge the closing speed correctly. A driver who was doing forty in a twenty-five-mile-per-hour zone might have been far enough away when the turning driver looked, but then closed the gap much faster than expected. In that case, the speeding driver shares the blame.
Another situation is when the oncoming driver runs a red light or a stop sign. If the left-turning driver had a green light and a protected left-turn arrow, then the other driver should not have been in the intersection at all. A driver who blows through a red light is automatically at fault, regardless of whether someone else was turning. The same holds true if the left-turning driver had a flashing yellow arrow. That arrow means you may turn after yielding, but it does not give the oncoming driver permission to ignore their own red light.
Distracted driving is another factor that can shift fault away from the left-turning driver. If the other driver was texting, looking at a phone, or otherwise not paying attention, they may have had time to stop or avoid the collision if they had been watching the road. A driver who is distracted is considered negligent because they failed to keep a proper lookout. Even a driver going straight has a duty to watch for hazards, including vehicles that are turning left in front of them.
Weather and road conditions also play a role. If the road was icy or wet, and the oncoming driver was going too fast for conditions, they might be unable to stop even at a reasonable speed. But note that the left-turning driver still has a duty to account for road conditions. If you know the road is slick, you should wait for an even larger gap than you would on dry pavement.
Police reports are often used as evidence, but they are not the final word. Officers will interview witnesses, look at skid marks, and note the point of impact. In a left-turn crash, the point of impact is almost always on the front or side of the turning car and the front of the oncoming car. That does not automatically prove who is at fault, but it gives the officer clues about whether the turning driver had time to clear the intersection.
Dashcam footage is becoming more common and often provides clear answers. If the left-turning car entered the intersection on a green light and the oncoming car was speeding or ran a red light, the video will show it. If the turning car misjudged the gap, the video will show that too. When you have a dashcam, do not share the footage with the other driver’s insurance company until you have talked to a lawyer. Adjusters will use it to minimize your claim, not to help you.
One important rule to remember: just because you have a green light does not mean you are safe to turn left. A solid green light means you must yield to oncoming traffic. Only a green left-turn arrow gives you the right-of-way to turn without yielding. Many drivers confuse the two and end up in a crash that is clearly their fault.
If you were hit while going straight by a driver turning left, your job is to prove that you had the right-of-way and that you were driving safely. You can do that by showing your speed was reasonable, you were not distracted, and you did not run any traffic controls. If the other driver says you were speeding or ran a red light, you need evidence to refute their claim. Witness statements, traffic camera footage, and your own vehicle’s data recorder can help.
If you were the one turning left and the other driver was speeding, you still have an uphill battle. You will have to prove that the other driver’s speed was the cause of the crash, not just a contributing factor. That usually requires an accident reconstruction expert and a careful review of the speed limit and the driver’s actual speed at impact.
In any left-turn crash, the most important thing you can do right after the accident is to gather as much evidence as possible. Take photos of the vehicles, the intersection, the traffic signals, and any skid marks. Get the names and phone numbers of witnesses. Call the police so there is an official report. And do not admit fault at the scene, even if you think you were at fault. Let the evidence and the law decide.
The bottom line is that left-turn accidents are heavily weighted against the turning driver. But the law does leave room for the other driver’s mistakes. If you understand how fault is determined, you will be in a much stronger position to fight for the compensation you deserve.