Determining Liability: When a Left-Hand Turn-Around Hits a Stationary Car

Every driver knows the responsibility that comes with operating a vehicle on public roads. One of the most common and complex scenarios involves a left-hand turn accident involving a stationary car. While the specifics can vary depending on your location, certain general principles apply. This article aims to clarify the situations and the liable parties in such accidents.

Understanding Contributory Negligence

Contributory negligence is a legal doctrine that applies in certain states where if a plaintiff is found to be even slightly at fault for an accident, the plaintiff may not be able to recover any damages. Maryland is just one of the states that adhere to this principle. Therefore, in Maryland, if a driver attempting a left turn is determined to be even 1% at fault for crossing past the white line, they can be barred from recovering damages from the other 99% at fault driver.

It’s important to note that there are reportedly five states that follow the contributory negligence rule, but the states in question are not explicitly mentioned here. If involved in a similar scenario, it’s crucial to consult the local laws and legal advice to fully understand the implications.

The Basic Rule: The Moving Vehicle at Fault

In general, if a driver is making a left turn and it results in a collision with a stationary vehicle past the white line, the moving vehicle is almost always held responsible. This is a straightforward principle: if a vehicle is in motion while turning left, it has the primary responsibility to ensure it does not cause a collision. Whether the stationary vehicle is moving or not does not change this basic rule.

Under this principle, the moving vehicle is responsible for the accident due to its lack of observance or adherence to traffic laws and regulations. Even if the stationary vehicle fails to observe traffic rules, the moving vehicle retains the majority of the fault.

Legal Implications and Traffic Regulations

In almost all cases, the driver making the left turn will receive a traffic citation. This emphasizes that even if a stationary vehicle is also in violation, the primary responsibility for the accident lies with the moving vehicle. However, certain legal provisions can mitigate the full burden of liability.

For instance, while the courts may consider both parties partially liable, civil liability decisions often place a heavier burden on the moving vehicle. This is due to its higher risk and greater responsibility in initiating a turn. The other driver may also face a citation for not giving way, but their penalty is typically lighter compared to the moving vehicle.

Notably, the primary right of way in such an intersection belongs to the driver turning onto the road. Therefore, the driver making the left turn should always yield to traffic that is moving in the desired direction. Failing to do so can lead to liability not only in terms of legal penalties but also in terms of insurance coverage.

Conclusion

In left-hand turn accidents, the moving vehicle is typically deemed responsible regardless of the initial position of the non-moving car. While contributory negligence can complicate matters in some states, the general rule is clear: the primary responsibility lies with the driver in motion. Understanding these principles is crucial for all drivers to navigate the often unpredictable and high-stakes environment of traffic.

Remember, driving safely and responsibly not only benefits you but also helps foster a community of safe roads for all. For more detailed legal guidance, always consult local legal authorities or an attorney experienced in traffic law.