You’re driving along, minding your own business, when suddenly a driver making a left turn appears right in your path. Before you can react, a jarring crash ensues. As you exchange stunned looks with the other motorist, a debate forms. Who made the reckless maneuver that led to the accident? Determining fault in a left-turn car wreck can be complex, but we can help.
When proof of liability is muddled, insurance companies take charge to investigate and assign proportional blame. Instead of leaving it to chance for the insurance adjusters to get it right, you may need a car accident lawyer in Florida to represent you and protect your best interests.
Learn what factors insurers weigh, what steps to take after a left-turn wreck to protect your rights, and if hiring a car accident lawyer is right for you.
How do Insurance Companies Determine Who’s At Fault?
Fault determination is mandatory so that insurers know which policyholder is required to pay compensatory damages. Insurers examine police reports, witness statements, vehicle damage, and applicable traffic laws to piece together fault after left-turn crashes in Florida. They aim to assign proportional negligence to each driver.
What Factors Suggest the Left-Turn Driver is Negligent?
If the left-turning driver improperly judged the distance and turned too close to the oncoming car, failed to yield right-of-way, disobeyed traffic signals, or violated other provisions under Florida Statute 316.122, they are likely the majority at fault.
When Might the Straight-Through Driver Bear Some Blame?
A full examination of circumstances is needed to pinpoint who is to blame for a left-turn accident, but in the following scenarios, a straight-through driver may be found liable:
- Distracted driving
- Under the influence of drugs or alcohol
- Improper communication with the left-turn driver
- Failing to use caution at an intersection
Who Is At Fault If There’s a Traffic Light or Stop Sign?
With a signal, left turners only have the right-of-way when yielding to oncoming traffic. Running a red light suggests a fault. Stop signs place the responsibility on the left-turning driver to proceed only when safe.
Can I Be Found Partially At Fault in a Left-Turn Collision?
If you contributed even minimally to the accident—being fatigued, speeding, etc. – your compensation may be reduced proportionately under Florida’s comparative negligence statute. However, if distraction or intoxication is apparent from the other motorists, the impaired driver will be deemed majority or fully at fault for the left-turn car wreck due to negligent driving.
How Can I Prove the Other Driver Was At Fault?
There are important steps to take following a left-turn accident that can prove who was to blame for the collision and any related losses. It is best to speak with a Florida personal injury attorney immediately so that the following can be implemented before evidence is lost:
- Obtain a copy of the police report: Officers will determine preliminary fault based on conditions, witnesses, and damage.
- Retain an accident reconstruction expert: They can analyze physical evidence to scientifically establish fault. Using technology and expertise, the accident scene can be recreated under similar conditions to reveal insight into fault.
- Gather eyewitness statements: Accounts from unbiased bystanders often carry significant weight.
- Check for video: Look for any business or traffic cameras that may have captured footage proving fault.
- Review data: Data from vehicle sensors, cell records showing distraction, or GPS can affirm actions.
- Photograph damage: Showing the damage pattern on each vehicle can help prove angles and impact.
- Consider a deposition: Testimony from the other driver under oath admitting fault can clinch liability.
What Compensation Is Available If the Other Driver Was At Fault?
An experienced Florida attorney will fight to obtain a full and fair settlement across all eligible damage categories you are entitled to under the law. Maximum recovery is the goal through the following forms of compensation:
- Economic damages: This includes medical expenses, lost wages, loss of future earning capacity, and other quantifiable financial losses stemming from the accident.
- Non-economic damages: Money awarded for harder-to-quantify losses like pain and suffering, loss of enjoyment of life, disfigurement, and other trauma caused by the crash. This award is capped at $500,000 per person in Florida.
- Punitive damages: Additional amounts meant to punish especially egregious behavior by the at-fault driver, such as drunk driving. Punitive damages are rare and hard to obtain in Florida.
- Property damage: Money to repair or replace your damaged vehicle and reimburse the cost of a rental car during repairs.
- Loss of consortium: Compensation for the inability to maintain your relationship with a spouse or family member due to accident injuries.
How Can an Attorney Help Establish Fault and Liability?
With so much of your case in the hands of an insurance agent, hiring an attorney to help prove who was at fault in a left-turn auto collision is an essential investment. An experienced left-turn car wreck lawyer can even the playing field between you and an insurer in the following ways:
Attorneys have the investigative resources and subpoena power to gather pivotal evidence like footage, cell records, and other documentation far more effectively than individuals can.
Create a Compelling Strategy
Lawyers know how to retain respected expert witnesses whose testimony credibly affirms negligence and liability, outweighing any opposing points that could weaken your claim. If you hire experienced counsel, they will know how to frame accident circumstances strategically to align with relevant case law and meet the legal criteria for negligence.
Our lawyer’s mastery of legal thresholds for liability and burden of proof is key to compelling insurers and courts to recognize fault.
Negotiate a Fair Settlement
Calculation of lifetime damages requires legal knowledge of what future losses are recoverable beyond just immediate costs. An attorney’s negotiation skills can maximize your compensation, applying strategic pressure and a willingness to take your case to trial if the insurance company tries to present a lowball offer and is unwilling to compensate you fairly.
Get Free Legal Assistance With Your Left-Turn Auto Collision Claim
With experienced legal representation, you can confidently determine who is at fault in a left-turn auto accident and pursue maximum damages. At Winston Law, our left-turn car accident attorneys provide a free, no-obligation case evaluation to determine the best legal strategies for your case.
Contact us today to get started on the road to obtaining the maximum available compensation. The clock is ticking—don’t leave your financial recovery to chance or settle for less than you are fairly owed.