Left Turn Collision at Night – Is the Other Driver Partially Responsible?
I recently experienced a car accident and would like some input on whether I am entirely to blame or if there might be shared responsibility.
The incident took place at an intersection around 8 PM, when it was already dark. I had a green light and was attempting to make a left turn. Before executing the turn, I checked for any pedestrians—since I needed to yield to them—then looked for oncoming traffic. Not seeing any approaching vehicles, I proceeded with the turn.
Out of nowhere, another car came into view, and we collided. This occurred after I had already initiated my turn. I suspect the other driver’s headlights were off, which may have contributed to my inability to see her vehicle before the crash. Unfortunately, I don’t have any definitive evidence that her headlights weren’t on.
After the collision, while we were still in my car, I mentioned to her that I thought her headlights were off. Rather than deny it, she replied something along the lines of, “My front lights turn on automatically.” This made me think she might not have manually verified their status and may not have realized if they were indeed off.
I also spoke to a witness who was driving behind me, but they couldn’t confirm whether the other car’s headlights were on or off.
I recognize that, generally, the driver making a left turn is usually at fault for not yielding to oncoming traffic. However, in this situation, I honestly could not see the other vehicle at all, and I strongly believe that this was due to the possibility of her headlights being off.
Do you think this could be considered a shared fault scenario (50/50), or am I fully accountable for the accident?
I would appreciate any insights or similar experiences!
It sounds like you’re dealing with a complex situation, and it’s understandable to seek clarity on potential fault in this accident. In typical left-turn accident scenarios, the left-turning driver is often held liable because they have the responsibility to yield to oncoming traffic. However, your specific circumstances may introduce some factors that could suggest shared fault.
Visibility and Headlights: If the other driver’s headlights were indeed off, that could be a significant factor in determining fault. Lack of visibility can make it difficult for any driver to gauge oncoming traffic. However, without concrete evidence (like dashcam footage or witness confirmation), it may be challenging to prove this point.
Contributory Negligence: If the other driver was indeed driving with their headlights off, they may have contributed to the accident by not providing sufficient visibility. This could hinge on local laws about headlight usage at night and any relevant traffic regulations.
Witness Statements: The fact that you had a witness who was unable to confirm the status of the headlights might weaken your case, but it’s still worth mentioning in discussions with insurance.
Insurance Investigation: Insurance companies often conduct their own investigations, including collecting statements from both parties and witnesses. They may look at both driver’s actions leading up to the accident to determine fault. It’s possible they may conclude shared responsibility based on the evidence presented.
Local Laws: Depending on where you live, the laws regarding fault in accidents can vary. In some jurisdictions, even if both parties share some degree of fault, it can still affect compensation for damages.
Overall, while left-turning drivers are commonly considered at fault, your claim that the other driver may not have had their lights on could potentially shift some fault onto them. Document everything you remember about the situation and the statements made, and consider consulting with a legal expert who specializes in traffic accidents to explore your options further. Good luck!