Yes, the left-turning driver is generally presumed negligent when colliding with oncoming traffic. Under New York Vehicle & Traffic Law § 1141, the driver making a left turn must yield to any oncoming traffic that is close enough to pose a hazard.
However, a presumption isn’t absolute. Various factors can shift most or even all the negligence to the oncoming driver. Speeding, running a red light, or otherwise creating a hazard that couldn’t be anticipated can place responsibility for the collision on the oncoming driver.
The Raimondo Law Firm is a trusted personal injury lawyer on Long Island. If you were hurt in a collision and were the left-turning driver, but feel that the accident wasn’t your fault, we are ready to review your case and explore pathways for compensation.
Key Takeaways
- The turning driver starts at a disadvantage. VTL § 1141 places a duty on left-turning drivers to yield to traffic. A collision creates the presumption that they failed to do so.
- The presumption isn’t absolute. Evidence that shows the oncoming driver was speeding, ran a red light, or was otherwise unavoidable can shift all or some of the fault.
- For vehicle accidents, New York is a modified Comparative Negligence State. You can recover damages when you are found to be no more than 50% at fault for the accident.
Why do Left-Turning Drivers Bear the Initial Burden
VTL § 1141 establishes a clear rule of the road that favors traffic heading straight through an intersection. When it is established that a left-turning vehicle struck an oncoming vehicle, the burden is on the turning driver to produce a non-negligent explanation.
When the Left-Turning Driver Might Not Be at Fault
The presumption isn’t a guarantee of liability. When you were the left-turning driver in an accident, you should talk to a personal injury lawyer as soon as possible to review the case. If you were not at fault or are found to share less than 51% liability, you could have a valid claim for any serious injuries suffered.
Scenarios where the oncoming driver may be partially or wholly liable include:
- Excessive Speed: If the vehicle was traveling above the speed limit, making an otherwise safe gap impossible to judge, they could be liable for the accident.
- Red Light or Stop Sign Violations: If the oncoming driver ran a light or ignored a sign.
- Sudden Unavoidable Hazards: Certain unique circumstances can make the oncoming driver liable for an accident. If they swerved unexpectedly or forced an unpredictable maneuver, the liability may shift.
Get Your Intersection Accident Evaluated by a Personal Injury Attorney on Long Island
Left-turn collisions might seem clear, but there are often circumstances in favor of the turning driver. It comes down to details, like signal timing, speed, sightlines, witness accounts, and details that aren’t obvious from a police report alone. If you were involved in an intersection accident in Suffolk or Nassau County, The Raimondo Law Firm is available to evaluate the evidence.
Our experienced team can secure surveillance footage and vehicle data before it is lost to see where liability actually falls. Contact us at (631) 471-1222 for your free consultation today.
