Intersections are the sites of more than half of all non-highway traffic accidents nationwide, and many of these incidents involve left-turning vehicles. A car making a left turn might hit or be hit by another vehicle going straight. Either driver or both may have caused the collision. Determining their respective fault is germane to deciding who is responsible for paying damages.

Drivers making left turns are often considered at fault for collisions because they are expected to yield to oncoming traffic. Pennsylvania Vehicle Code Title 75, Section 3322 states that a driver intending to turn left within an intersection or into an alley, private road or driveway must yield the right of way to any vehicle coming from the opposite direction which is within the intersection or so close as to pose an immediate hazard. In practice, this means the left-turning driver may not proceed until it is safe to do so, taking into account the speed and proximity of oncoming vehicles.

Violation of this Vehicle Code provision can be a critical factor in determining fault in a civil lawsuit. When a statute, ordinance, or regulation is designed to prevent a public harm, a violation is considered negligence per se. The driver suing for damages must nevertheless prove that the violation was the legal (that is, direct and immediate) cause of the collision.

However, there are situations where the oncoming driver also violated the Vehicle Code. For instance, if the oncoming driver was speeding or ran a red light, they also could be deemed negligent per se. If so, the question becomes whether that driver’s conduct was the legal cause of the collision.

In some scenarios, negligence is shared. For example, a driver might begin making a left turn while it is safe but an unexpected event — such as a pedestrian darting across the street — might cause them to stop midway. Another vehicle going straight might then be unable to react in time to avoid a collision. Who is most to blame for the accident in that situation?

Assessing primary fault is important under Pennsylvania’s comparative negligence law, which allows an injured party to an accident to recover damages only if they are found to be less than 51 percent at fault. Even if they can sue, their damages will be reduced by their own percentage of fault. For instance, if a left-turning driver is found 40 percent at fault for not yielding, and an oncoming driver is 60 percent at fault for speeding, the left-turning driver can still recover damages, albeit reduced by 40 percent.

An experienced auto accident attorney can analyze and investigate your case to determine the cause of the accident, your potential level of comparative negligence and your entitlement to compensation. 

Phil DiLucente & Associates, LLC, located in Downtown Pittsburgh, provides reliable legal support to Pennsylvanians who have been injured in motor vehicle collisions. Please call 1.800.GET.PHIL or contact us online to make an appointment for a free initial consultation.