Who Can Be Held at Fault for a Left-Turn Accident in New Jersey?
In urban and suburban areas, intersections are hotspots for motor vehicle accidents, with a significant number involving left turns. These accidents can occur in various scenarios, each with its own implications for determining fault.
In New Jersey, the statute governing the right of way at intersections, N.J.S.A. § 39:4-90, provides that the driver of a vehicle intending to turn left must yield to an oncoming vehicle that is within the intersection “or so close thereto as to constitute an immediate hazard.” However, the statute further provides that once the left-turning driver yields and properly signals, they can proceed with the turn and all oncoming traffic must yield until it is completed.
Many times, the liability for a left-turn accident arises from errors in judgment. The left-turning driver may have misjudged the speed and/or closeness of the oncoming vehicle, thinking there was enough time to complete the turn. The oncoming driver may likewise have misjudged how long the left turn would take and may have failed to take action to avoid the collision.
Other possible causes of left-turn accidents include:
- The oncoming driver failing to stop when there is a green signal permitting a left turn
- Parked cars, large trucks or poor lighting affecting visibility at the intersection
- The oncoming driver speeding or driving recklessly
- Either party driving while distracted or under the influence of alcohol or drugs
Violation of N.J.S.A. § 39:4-90 or of any other traffic law can serve as proof of negligence in a civil lawsuit seeking damages for injuries resulting from an accident.
In many cases, fault for a left-turn accident is shared between the drivers involved. Thanks to New Jersey’s pure comparative negligence law, a party at fault for an accident can recover partial damages. Their recovery will be reduced by their percentage of fault. For example, if a left-turning driver’s negligence is found to be 40 percent the cause of the accident, and their damages amount to $100,000, they would be able to recover $60,000. If you are seriously hurt in a collision, an experienced New Jersey auto accident attorney can analyze your case and work to minimize your blame for the crash.
Kevin T. Kutyla, Esq., based in Succasunna, has extensive experience representing victims of auto accidents in Sussex and Morris counties and throughout New Jersey. For a free initial consultation, call 973-940-8970 or contact me online.