Written By: Kate Hunter, Associate & Alexis Andrew, Summer Student
7 Minute Read
Liability (in other words, who is at fault), in the case of collisions resulting from a left-hand-turn are not as straightforward as one might think. While these collisions are extremely common, they often lead to disputes over fault and liability. Many people assume that the left-turning driver will be automatically found 100% fault, however, this is not always the case. Some might assume that as the left-turning driver injured in a collision, they may have no legal recourse to sue for their injuries. In this article, we look at how fault is determined in left-turn collision cases, and why these situations can be more complicated than they first appear.
Left-turn collisions are extremely common due to the risks that are associated with turning across other lanes of traffic. There are several factors that increase the likelihood of a left-turning driver colliding with another car, pedestrian, or object.
For example, at a busy intersection, another car turning left in the opposite direction may block the visibility of oncoming traffic, making it difficult for drivers to see a car travelling straight through the intersection. Risks also arise when a left-turning driver misjudges the speed of an oncoming car and assumes they have enough time to make the turn safely, when they do not. Another risky scenario emerges when a driver is waiting to turn left at a traffic light, the light turns amber, and an oncoming car proceeds through the intersection on an amber or red light. If the left-turning driver expects them to stop and proceeds initiating their turn, the vehicles can collide. Overall, countless factors contribute to collisions when turning left. Given the frequency of these accidents, it is important to understand how fault is assessed in accidents involving a left-turn in Ontario.
How Fault is Assessed in Ontario
Section 141 of the Highway Traffic Act requires that a driver that is turning left must yield to the right of way of oncoming traffic and must wait until it is safe before completing the turn. It is the responsibility of the left-turning driver to maintain a proper lookout even when others may be acting unlawfully such as running a red light. Although these rules often result in the turning driver being found at fault, this is not always the case.
In Ontario, fault is assessed based on the specific circumstances of the accident, including the actions of all drivers involved. While a left-turning driver may be found partially responsible if they failed to yield appropriately, another driver may also share fault for factors such as speeding, distraction, or failing to take reasonable steps to avoid the collision. The fault may be shared proportionately between both drivers based on the degree to which they caused or contributed to the accident. This is what is referred to as contributory negligence.
Ultimately, even if a left-turning driver is primarily responsible for failing to yield as they are required to by the Highway Traffic Act, the other party might bear some fault if their actions contributed to the crash. Courts in Ontario and insurance adjusters will consider traffic signals, dashcam footage, intersection surveillance, speed, road conditions, witness statements and other factors in determining the fault percentage of each driver.
Once fault has been determined, compensation for damages may be adjusted based on each driver’s degree of responsibility for the accident. This means that if multiple parties contributed to the collision, the total amount of compensation an injured party is entitled to may be reduced proportionally. For example, if a left turning driver is found to be 70% at fault and the oncoming driver is 30% at fault, any damages that a court awards the injured party would be reduced by 30%.
Damages refer to compensation covering a wide range of losses. This can include medical expenses, physiotherapy, lost income, pain and suffering and other related losses. It is important to maintain thorough documentation of all aspects to support a potential claim.
What To Do After a Left-Turn Collision
The first priority after a left-turn collision is to seek safety and medical attention. It is important to be assessed by a healthcare professional even if the injuries appear minor because some injuries might not be immediately visible or have a delayed onset. Similarly, developing a consistent paper trail of medical treatment is important, as it can help document the nature and extent of injuries and support any claim that may need to be advanced later.
Once immediate medical concerns are dealt with the next step is to carefully document the scene. Take photographs and videos of all vehicles involved including property damage, skid marks and even personal injuries if visible. If possible, take notes of details that cannot be captured by camera so that you have a written description of what happened to cause the collision. Recording weather, lighting and road conditions is also helpful. Collect contact information from witnesses that can provide reliable accounts of the collision, at a later time, if necessary. Do not delete any dashcam footage, even if you believe that you might be partially at fault. It is also important to report the accident promptly to the nearest accident reporting centre, if police do not attend the scene.
Contacting a Personal Injury Lawyer
A personal injury lawyer plays a crucial role when fault in a car accident is disputed. They thoroughly investigate the circumstances of the collision and help gather and preserve key evidence. Importantly, they can also help you access Accident Benefits quickly to help pay for medical expenses that arise in the immediate aftermath.
Left-turn accidents are surprisingly complex. Even when one driver appears to be clearly at fault, other factors can be considered in determining liability which can drastically affect compensation that the injured party is entitled to. If fault is being disputed after a left-turn collision, our lawyers can help you understand your options. Contact our team to discuss your case.
