Left-turn accidents are some of the most common and disputed types of car accidents in NYC. Most accidents presume that the driver making the left turn is at fault. However, there is always the possibility that both drivers share blame for the accident. When you are involved in a left-turn accident, understanding how the law works will be crucial for protecting yourself. In this post, the team at Alex Yadgarov & Associates will be your accident lawyer in New York and explain everything you need to know about dividing fault in left-turn accidents.
Who is Usually at Fault in Left-Turn Accidents?
In New York, according to New York Vehicle and Traffic Law (VTL) Section 1141, a driver who is making a left turn must yield the right-of-way to a vehicle approaching from the opposite direction. As such, when an accident occurs, the driver making the left turn is presumed to be at fault. That is because it is presumed that they failed to yield the right-of-way. However, this presumption is not absolute and can be rebutted by evidence.
Can Both Drivers Be Responsible for a Left-Turn Accident?
Yes, it is entirely possible for both drivers involved to share fault for the accident. Some of the situations where fault is shared include:
- When the oncoming driver was speeding
- Distracted driving
- Yellow-light disputes (drivers attempting to clear an intersection at a yellow light)
- When visibility is obstructed
- Aggressive/reckless driving
What is the Comparative Negligence Rule in New York?
Comparative negligence is the rule that states that you are allowed to claim compensation when you are injured in an accident, even when you’re partially responsible for the accident. Since New York operates under the ‘pure comparative negligence’ rule, a person is allowed to claim compensation, even when they are mostly at fault (i.e, beyond 50% of the fault).
For example, if an injured person is claiming $100,000 in damages, but they are 40% responsible for the accident, their compensation will be reduced by 40%, only allowing them to walk away with $60,000.
What Compensation Can You Claim From a Left-Turn Accident?
When you’re injured in a car accident in NYC, you have the option to claim compensation for both economic and non-economic losses.
Your main source of compensation for economic losses is your insurance coverage. When you’re injured in a car accident in NYC, you can call on your Personal Injury Protection (PIP) coverage to cover your medical expenses, lost income, and other relevant expenses. In New York, you can claim up to $50,000 under standard PIP coverage. However, you can increase this threshold by purchasing supplemental coverages.
If you’re looking to claim compensation for non-economic losses, you will need to file a personal injury lawsuit. However, to be eligible, you must prove that the economic losses you’ve suffered exceed $50,000 or you have suffered a “serious injury” as defined in Section 5102(d) of New York Insurance Law. You are able to claim compensation for both economic and non-economic losses, such as pain and suffering, loss of consortium, loss of enjoyment of life, etc. This lawsuit must be filed within three (03) years of the date of the accident.
What Steps Should You Take After a Shared Fault Left-Turn Accident?
When you’ve been involved in an accident, you must make sure to do (and not do) the following. This will give you the best chance to protect yourself from being unjustly held at fault and secure a favorable settlement.
Things you should do after an accident
- Call 911 and report the accident.
- Move to a safe location, but do not leave the scene of the accident.
- Seek immediate medical attention, even if the injury appears minor.
- Gather evidence at the scene (photographs and videos), and exchange contact and insurance information with the other driver.
- Contact your car accident lawyer in NYC to understand your rights and liabilities.
- Contact your insurance company and inform them about the accident.
Things you shouldn’t do after an accident
- Do not leave the scene of the accident until the authorities arrive. (Remain only if you are not injured.)
- Do not refuse or delay medical treatment.
- Do not become confrontational with the other driver.
- Do not admit fault or apologize for the accident.
- Do not make any recorded statements to insurance adjusters.
- Do not post about the accident on social media.
How Can an Accident Lawyer in NYC Help With Your Shared Fault Accident Claim?
When faced with a shared-fault accident, an accident lawyer in NYC can help you walk away with a favorable outcome. That is because they will:
- Investigate the accident and determine liability.
- Gather evidence to build a compelling case
- Challenge unfair fault assessments
- Handle negotiations with insurers
- Represent you in court when the need arises.
Conclusion
In the busy streets of New York, left-turn accidents occur on a daily basis. In some cases, both drivers bear responsibility for the accident. When that happens, you need to work with an experienced attorney to make sure that you are not unfairly blamed for the accident. If you’re looking for an attorney to handle your case, Alex Yadgarov & Associates is here to help. Call us today and schedule your free consultation.