Left-turn accidents are a common source of vehicle collisions and injuries, especially in Vermont. Due to the inherent risk involved in making a left turn, determining fault can be a complex process. Understanding Vermont traffic laws, analyzing accident scenes, and examining driving behaviors all play a role in establishing liability.

In this article, we'll explore the common causes of left-turn accidents, how fault is determined, and what Vermont law says about left turns. We'll also discuss what evidence can help strengthen a claim and how a lawyer can assist in pursuing compensation.

Common Causes of Left Turn Accidents

Making a left turn is one of the riskiest maneuvers a driver can perform. According to the National Highway Traffic Safety Administration (NHTSA), left-turn accidents account for almost 22% of all crashes at intersections across the United States. In Vermont, the unique geography and rural roads add additional challenges for drivers.

Some common causes of left-turn accidents include:

• Failure to Yield: Drivers making a left turn are required to yield to oncoming traffic. Misjudging the speed and distance of an approaching vehicle is a frequent cause of collisions.
• Obstructed Views: Buildings, trees, or even larger vehicles can obstruct a driver's view, leading to unsafe turns.
• Inattentive Driving: Distractions such as using a phone, eating, or talking can delay reaction times, contributing to accidents during left turns.
• Speeding: Both the driver turning left and the oncoming vehicle can be at fault when excessive speed is involved. A vehicle approaching too fast can make it nearly impossible for the turning driver to safely clear the intersection.
• Weather Conditions: Snow, rain, or fog—common in Vermont—can impair visibility and road traction, increasing the chances of a left-turn accident.

Vermont Traffic Laws Regarding Left Turns

Under Vermont law, a driver making a left turn must yield to oncoming traffic, as stated in Vermont Statutes Title 23, Chapter 13, § 1034. The statute clearly places the responsibility on the left-turning driver to ensure that it is safe to proceed. However, this does not always mean the left-turn driver is entirely at fault in every accident. In cases where the oncoming driver was speeding, distracted, or otherwise negligent, that driver may share some liability for the accident. Vermont follows a modified comparative fault rule, which allows for damages to be reduced based on the percentage of fault per person. If the left-turn driver is found to be more than 50% at fault, they may not be able to recover damages.

Determining Fault in Left Turn Accidents

Determining fault in a left-turn accident requires careful analysis of several factors:

1. Traffic Signals: Whether the intersection is controlled by traffic lights or stop signs can significantly influence the determination of fault. A driver making a left turn on a green arrow, for example, may have the right of way, while a driver turning on a regular green light must yield to oncoming traffic.
2. Witness Statements: Witnesses can provide valuable testimony regarding the behavior of the drivers involved. Statements about speeding, failure to signal, or running red lights can influence fault determination.
3. Police Reports: In most cases, police will respond to the scene of a left-turn accident and create a report. This document often includes officer observations, traffic violations, and a preliminary assessment of fault.
4. Video or Dashcam Footage: In the modern era, many drivers use dashcams, and traffic cameras are increasingly present at intersections. These recordings can offer irrefutable evidence of how the accident unfolded.
5. Skid Marks and Vehicle Damage: The location and extent of damage to both vehicles, along with skid marks on the road, will help experts reconstruct the accident and determine which driver may have been at fault.

Comparative Negligence and Insurance Claims

As mentioned earlier, Vermont's modified comparative negligence rule allows for shared fault. This means that even if a driver is partially responsible for the accident, they can still be entitled to compensation. However, their compensation will be lowered by the percentage of their fault.

For example:

• If a left-turn driver is found to be 40% at fault, and the damages total $100,000, they would be able to recover $60,000.
• If the left-turn driver is found to be 55% at fault, they would be unable to recover any compensation.

Understanding how comparative negligence works is critical when negotiating with insurance companies, as they might attempt to assign a higher percentage of fault to reduce the payout.

Steps to Take After a Left Turn Accident in Vermont

If you're involved in a left-turn accident in Vermont, taking immediate action can help protect your rights:

• Call the Police: Always report the accident to local law enforcement. A police report can be invaluable in establishing fault.
• Seek Medical Attention: Even if you feel ok after the incident, some injuries may not present symptoms immediately. Medical documentation is essential if you need to file a claim.
• Document the Scene: Take videos and photos of the accident, including vehicle damage, skid marks, traffic signals, and road conditions. This visual evidence can help support your version of events.
• Gather Witness Information: Collect names and contact info from witnesses who can provide statements about the accident.
• Consult an Attorney: A lawyer experienced in Vermont traffic laws can help you navigate the complexities of insurance claims and personal injury lawsuits.

How an Attorney Can Help

Navigating the legal landscape after a left-turn accident can be overwhelming. An experienced attorney can:

• Analyze police reports, witness statements, and video footage.
• Will hire accident reconstruction experts to determine fault.
• Negotiate with insurance representatives to make sure you receive fair compensation.
• Represent you in court if a lawsuit is necessary.

Having an attorney on your side can be invaluable in proving fault and securing the compensation you deserve.

Conclusion

Left-turn accidents in Vermont often involve complicated fault determinations, especially under the state's comparative negligence laws. By understanding the factors that lead to left-turn accidents and the evidence required to prove fault, you can better protect yourself in the event of a collision. 

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.