How To Determine Who’s At Fault in a Intersection Accident?

Most people picture a traffic collision as a high-speed crash on a highway or an accident that results in a rear-end collision due to an abrupt stop. According to the National Highway Traffic Safety Administration, 40% of all accidents happen at intersections.

Why are intersections so dangerous Intersections are where two or more roads cross one another and traffic flows in multiple directions. This creates multiple opportunities for drivers or vehicles to fail to avoid collisions or accidents. Turning left at an intersection is a particularly dangerous move for drivers. According to the NHTSA study, 22.2% intersection accidents were caused by vehicles turning left. This is almost twice the amount of incidents that occurred due to crossing the intersection and twenty-two times the number related to right turns. This is what you need to know regarding intersection accidents, left-turning vehicles, and legal liability.

What causes Intersection Accidents

There are many factors that can cause intersection accidents. Most of them (96%) are driver-related. Recognition errors and decision mistakes are the most common causes. The NHTSA identifies the most common driver-related causes of intersection accidents.

  • Inattentiveness
  • False assumption about the actions of others
  • Turning with an obscure view
  • Illegal maneuver
  • Distraction
  • Misjudgment of timing

These are different reasons from non-intersectional accidents. They are more likely to be caused due to driving too fast for road conditions or aggressive driving.

How to determine fault in an intersection accident

Each case is unique and will determine fault in an intersection accident. However, there are some general trends that can be observed.

Most cases that involve person A who makes a left-hand turning and collides with person B who drives straight through the intersection in either the opposite or the same direction, will result in person A being found responsible for the accident. You will be held partially responsible if you are in an accident where you turned left and the other driver was driving straight through it. This is because rules of the road require that all drivers making a left-hand-turn must yield to traffic, wait for the intersection to clear before turning. The burden of ensuring a safe turn rests largely on the driver. If an accident does occur it could be presumed that they were negligent.

However, this does not necessarily mean that the turning vehicle will always be deemed to have caused the accident or that they will have to take full responsibility. If you can prove that the straight-driver drove too fast through an intersection, you might be able argue that they caused the accident.

Summarized from an article by The Dominguez Firm.