Who Is at Fault in a Right Turn Car Accident?

In most cases, a driver making a right turn is required to yield to oncoming traffic. This is generally true whether the driver making the right-hand turn has a stop sign, stoplight, turn arrow, or another indicator. The driver who does not have the right of way is negligent if they proceed anyway. The driver turning right can be considered to be at fault, and, therefore, financially liable for the accident, for failing to yield. 

This is not the case if the right-turning driver had a right-turn arrow or green light. Evidence from the accident scene can prove who is at fault in a right-turn car accident. When you are represented by a car accident lawyer, they will investigate your accident and collect this evidence. They will also handle the insurance company and fight hard for the financial recovery you are entitled to receive. 

Common Causes of Right Turn Accidents

Any car accident can be dangerous and lead to injuries and property damage. Like all driving maneuvers, making a right turn requires focus and concentration. The turning driver should:

  • Signal their intent to turn
  • Assess the flow of traffic
  • Remain in their lane
  • Not change lanes in the intersection
  • Obey traffic signals and road signs

Failure to turn appropriately could end in a collision. In addition to failure to yield, right-turn accidents can happen due to driver distractions, blind spots, and inattentiveness. If you or a loved one was injured in a right-turn accident, a car accident attorney can help. 

Your lawyer will investigate your accident and prove its causes and contributing factors. They will also help you build a strong case for financial recovery.

How Can I Prove the Other Driver Was at Fault?

Just like every driver on the road, the one making a right turn is required to drive carefully and cautiously to protect everyone else on the road. To prove the at-fault driver caused the accident you were involved in, you need to document their negligence. 

The legal elements that constitute negligence include:

  • Duty of care. The driver had a duty of care to be cautious and attentive to protect other motorists and pedestrians.
  • Breach of duty. The responsible driver breached this duty of care by committing a traffic violation or acting recklessly.
  • Cause of accident. Their behavior caused a collision with you.
  • Cause of damages. Your collision resulted in injuries and other losses.

Personal injury lawyers who represent car accident victims understand the importance of evidence in proving these elements. Evidence they collect for you can includes:

  • Official accident report
  • Accident scene photos
  • Witness statements
  • Accident reconstruction
  • Dashcam footage

Your lawyer will collect evidence on your behalf and use it to prove negligence and negotiate a favorable financial settlement.

Will the At-Fault Driver Pay to Have My Car Repaired?

Once their negligence is documented, the driver who caused the right-turn accident is responsible for repairing your car.

If your car is damaged beyond repair, the at-fault driver is responsible for replacing it. This is called a total loss. The insurance adjuster will declare your car a total loss if the cost to repair it is greater than the cost to replace it. Your lawyer can help ensure your car’s replacement value is accurately assessed.

Can I Recover Damages for Other Accident-Related Expenses?

The at-fault driver — often via their insurance provider — can also be held responsible for the cost of your:

  • Medical care
  • Lost wages
  • Pain and suffering
  • Mental anguish
  • Emotional distress

The lawyer who handles your case will ensure your recoverable damages are accurately assessed. They will also ensure your case is not undervalued or underpaid.

Will I Have to Go to Court for Financial Recovery?

Car accident cases rarely go to court. Most of the time, they are resolved out of court with a monetary settlement. You can deal with the insurance company on your own, but there are advantages to working with a local car accident lawyer.

When your lawyer works with the at-fault driver’s insurance company, they will:

  • Create a demand letter
  • Field settlement offers
  • Initiate counteroffers

The final settlement decision is always yours to make. Your lawyer will help you understand your rights and the at-fault driver’s responsibility. They will also help you make a well-informed decision. 

How Much Time do I Have to File a Lawsuit?

While your lawsuit is governed by a statute of limitations (filing deadline), it can vary based on a number of factors, including the outcome of the accident, the age of the injured parties, and certain actions the at-fault driver takes after the accident. A lawyer in your area can ensure your lawsuit is filed on time. 

Get a Free Evaluation of Your Car Accident Case

If you or a loved one was injured in a right-turn car accident, you could be entitled to financial recovery. Our personal injury law firm will prove who was at fault in the collision. We will also deal with the at-fault driver’s insurance company and negotiate a favorable settlement for you. 

Contact our case evaluation team at D. Miller & Associates, PLLC® to get started today.