The Dangers of Left Hand Turning
Most drivers know that when making a left-hand turn, where there is not specifically a left-hand turn signal providing an exclusive right to turn for a certain amount of time, that they must stop and yield to oncoming traffic until it is safe to go without other oncoming cars nearby. Even where there is a signal, left hand turners must be wary of the duration of that signal and the existence of other drivers and pedestrians around them.
Mistakes or a failure to gauge speed and distance of other cars, particularly oncoming ones, can be the cause of accidents and consequent injuries. Other motorists themselves may be altering speed or changing lanes, and motorcycles or bicycles looking to get through in and around cars all add to the complexity and uncertainty of the situation; this is the same with pedestrians crossing in the parallel sidewalk. While left hand turns can occur anywhere, intersections, whether lighted, stop-signed, or without either, prove to be the most dangerous sites for left hand turns.
Laws Differ Depending on the State
Of course, traffic issues are typically dealt with on a state-by-state basis. Each state’s traffic laws have their own nuanced ways of handling different situations, and courts address accident scenarios differently from state to state. In general, drivers making a left hand turn must always be sure to yield to oncoming traffic. Left hand turners will often run into liability issues where they fail to use their left hand turn signal to signal to others their intent to make a left. That one is somewhat basic and obvious. It is advisable for drivers to turn on the left hand turn signal at least 100 feet ahead of the intersection to ensure that all drivers in the area have a good chance at seeing the signal.
Additionally, drivers need to be sure not to speed into the left hand turn, even if they make a dramatic decrease in speed. Speeding itself not only may increase the likelihood of an accident, but speeding followed by a sudden turn or a dramatic decrease in speed to accomplish the turn may make it more difficult for other cars, especially oncoming cars, to judge other drivers’ speed and intentions. Those intending to make a left hand turn should come to a full stop before making that turn. Failure to take reasonable and prudent care in these circumstances and failure to use a turn signal or to stop completely will increase the likelihood of being liable if an accident occurs.
Liability Placed on the Left-Hand Turning Driver
In many jurisdictions there will be a presumption that a left hand turning driver is negligent in an accident. This is naturally because of the danger of the left hand turn, and the need to signal and judge the speed of everyone else around. Left hand turners will need to prove that they were not negligent. This is easier where an oncoming driver perhaps drove through a stop sign or a red light, or where an outside influence, such as weather or construction-related, forced a left hand turner to slow down in the middle of the turn. Where accidents occur as a result, it may be easier for the left hand turner to avoid liability.
Referral Sources:
http://dmv.ny.gov/about-dmv/chapter-5-intersections-and-turns
http://floridaaccidentlawhelp.com/fort-lauderdale-personal-injury-attorney/
http://www.leiferlaw.com/fort-lauderdale-car-accident-lawyers/
