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Exceptions to the left turn general rule
There are limited but not uncommon exceptions to the left-turn liability rule of thumb. The left-turn driver may be deemed not at fault or only partially at fault in the following scenarios:
• The vehicle going straight was driving significantly over the speed limit. This can be difficult to establish as the left-turn driver or witnesses can only guesstimate the oncoming driver’s speed, and the oncoming driver may not be aware of or willing to admit how fast he or she was driving.
• The car driving straight did not stop for a red light or a stop sign. This is easier to prove since witnesses can testify that the driver ran a red light or stop sign. Sometimes traffic cameras at stoplights can record this evidence as well.
• The driver making a left turn initiated the turn while it was safe to proceed, but some unexpected circumstance occurred during the turn that made it necessary for the driver to slow, stop or swerve.
Other circumstances may influence the determination of the other driver’s fault. For example, if the driver proceeding straight was under the influence of alcohol or drugs, was distracted by texting or other cell phone use, or did not have a valid driver’s license at the time of the collision, he or she may be deemed at least partially at fault.
