Join RAM Law in spreading holiday cheer! Bring a toy to our New Brunswick or Somerville offices for our Toys for Tots drive, open until December 11. Your generosity makes all the difference. The only requirement is that the toys must be new. For more information click here: (link the below PDF)
Read More
Left turns can be complicated for two reasons: First, to execute the turn safely, you need to cross at least two lanes of traffic in two different directions, match the speed of the opposite lane immediately, and do so while paying attention to any dividers, road signs, or potential hazards.
Second, if a driver happens to mistime the turn or fails to notice a hazard, the resulting car accident can present difficulties for attorneys, courts, and insurance companies alike. Usually, the driver making the turn bears liability for the collision. However, our New Brunswick car accident lawyers at Rebenack Aronow & Mascolo L.L.P. have helped several left-turning clients demonstrate their lack of fault, pinpoint the at-fault party, and claim compensation for their damages.
If you need this sort of help, here is what you need to know.
What Makes Left-Turn Accidents So Dangerous?
Under New Jersey law, drivers making a left turn must yield to oncoming vehicles: if they get into a collision while making the turn, most courts assume their liability because they should have waited for the roads to clear out completely.
Unfortunately, left-turning drivers can easily misjudge the distance and speed of oncoming traffic, which can have devastating consequences for all parties in a resulting collision. However, these miscalculations are not always the fault of the turning vehicle: speeding drivers, red light violations, or erratic driving can all shift the legal liability.
Are There Exceptions to Left-Turn Liability?
If the other driver engaged in reckless speeding, an experienced car accident attorney can argue that the left-turning driver did all they could to avoid a collision, and that the speeding car did much more to contribute to the crash. This sort of argument carries a lot of weight in New Jersey courts, as they operate according to the theory of modified comparative negligence: if one party contributed more than 50% to the accident, they cannot collect any damages for their claim.
So, if the driver bringing you to court did more to cause the accident than you did, you will not have to pay anything in damages. Rather, you may be able to counterclaim for the injuries you sustained in the accident.
This scenario can also play out if the driver ran a red light unexpectedly or sped up erratically to try and beat you to the turn. Additionally, if you and your legal team can prove that road conditions, visibility, or mechanical failure contributed more to your accident than your driving habits did, you could avoid paying out an insurance claim altogether.
How Can You Prove Fault in a Left-Turn Accident?
Proving any of these alternative scenarios, however, requires evidence. Eyewitness testimony, traffic camera footage, and post-accident police reports can all substantiate your story and lessen your legal liability. Black box data from the other vehicle can also tell the story of the other driver’s habits.
Protecting Your Rights with the New Brunswick Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P.
Having a court assume your left-turn liability can feel overwhelming and unfair; hiring a seasoned car accident attorney, like our New Brunswick car accident lawyers at Rebenack Aronow & Mascolo L.L.P. can make all the difference. We will help prove alternative legal scenarios to prove the other driver’s liability. Give us a call at 732-247-3600 or fill out our online form for a free consultation. Our New Brunswick, Somerville, and Freehold, New Jersey, offices serve clients throughout Middlesex County, Monmouth County, and Somerset County.
