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Car accidents in Ontario: who is at fault in a left-turn vehicle collision?

Here’s what to do after you experience a left-turn accident on the road.
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Liability can be difficult to establish in left-turn collisions. Credit: Weekend Images/iStock.

While left-turn collisions can often be the fault of the driver turning left, that’s not always the case. Sometimes, liability can be difficult to establish, and these types of accidents can often also result in injury to the driver or passengers. 

Left-turn vehicle accidents occur at intersections and stop signs and can involve the driver turning left and the other traveling straight through the intersection.

What causes a left-turn vehicle collision?

Drivers turning left must make sure they can complete a turn safely. This includes yielding to oncoming traffic from all the lanes they plan to cross and only proceeding when all of the lanes are free of traffic and any other obstacles. Road users are also responsible for using their turn signals in plenty of time to indicate their intentions to other motorists. Drivers must be careful of any obstructions to visibility or adverse weather conditions. 

When drivers fail to complete a turn safely, one or more of the following the following reasons might be involved:

  • Failure to assess the speed of oncoming vehicles correctly
  • Misjudging the distances at the intersection
  • Failure to signal
  • An obstructed view whilst turning
  • Impatient behavior, including trying to beat lights or other drivers

How can liability be established in a left-turn vehicle incident?

The driver turning left is often found liable because they must ensure they can complete their turn safely. When turning left, drivers must be completely aware and respond accordingly. Drivers turning left should never assume that a driver proceeding straight on will stop. 

Derek Wilson, Personal Injury Lawyers in Ontario, explains that motorists accept “a considerable amount of responsibility” when they make left turns.

“In Ontario, once the traffic light turns yellow, motorists have the right to proceed if stopping would prove dangerous. The problem is that determining what constitutes danger in this context is tricky – and different drivers tend to interpret things differently,” says Wilson.

Where an accident is followed by an investigation, police reports may be analyzed as can collected photos, videos, vehicle damage, and eyewitness accounts.

What if the driver traveling straight-on is at fault?

It’s not actually clear-cut that the driver turning left is always at fault. The driver turning left may have acted safely, and the driver traveling straight on could be at fault if the oncoming driver:

  • Is speeding entering the intersection 
  • Ran a red light or failed to stop
  • Rear-ends the driver turning left
  • Is negligent because they are exhausted or impaired or otherwise distracted

Derek Wilson elaborates on a collision where the driver turning left might not be at fault when a vehicle tries to pass from behind:

“When two cars are both turning left but the rear vehicle attempts to pass the forward vehicle in the process, it increases the risk that a dangerous accident will happen. Ultimately, a motorist can’t intentionally interrupt another driver’s attempt to turn left safely.”

What if you need a personal injury lawyer to defend a left-turn accident?

A left-turn accident where the driver turning left is not at fault is more common than you may think, and it’s often the kind of case that is picked up by a personal injury lawyer who will pursue compensation.

A personal injury lawyer will compile any evidence and then pinpoint the oncoming or other drivers' negligence before building the evidence against them. They will advise their client on the legal pitfalls and negotiate with the insurance company involved to ensure that any claim is actioned promptly. If required, a personal injury lawyer will take an insurance company to court if they are not willing to negotiate in a strong case where the driver turning left is not at fault. 

How can you protect against left-turn accidents?

Of course, the best case is not to be involved in a vehicle collision at all. When making a left turn, here are some important rules to consider:

  • Signaling in plenty of time when approaching an intersection
  • Monitoring and responding appropriately to traffic signals and signs
  • If turning left on a green light, still check for any risks prior to proceeding
  • Make a complete stop at a stop sign and only proceed after checking every lane, including the road you will be taking, and check for both traffic and other obstacles
  • Only proceed if you have a clear line of sight for all eventualities and hazards
  • Continue to look in all directions and be aware as you make a turn
  • Make a turn in a “smooth, careful arc from the lane you’re in into the lane you’re entering” without cutting corners
  • Always join the left-most lane of the road you’re entering

How do you safely turn when you have a green light but no green arrow?

This driving scenario can be particularly dangerous and is called an unprotected left turn. 

“Just because you have a green light does not mean that it’s safe to make a left turn,” says Wilson. “If the traffic light guiding your lane is a green circle, it is letting you know that this is your opportunity to make a left turn – but only when it’s safe to do so.”

If, in contrast, you do have a green light and a green arrow, “it means that it’s your opportunity to turn left, but it’s important to scan the intersection for any signs of danger before moving forward with that turn.”

Drivers can often be injured taking a left turn that they deem safe. Wilson says, “It’s likely because the driver who strikes you flew through the intersection at a dangerously high speed, because the driver failed to stop at a red light, because the driver jumped a green light, or because the driver ignored a stop sign. Proving that the other driver was responsible for the losses you sustained while making a left turn is challenging.”

Left-turn vehicle accidents certainly are challenging to determine which driver is liable and then subsequently collect evidence and seek the best outcome. However, this exact scenario is one that personal injury lawyers, like Derek Wilson, deal with successfully every day.