Left-turn collisions often happen at intersections and stop signs. One driver may be going straight through the intersection while another driver is attempting to make a left-hand turn at the light. The driver going straight thinks he or she has the right of way. At the same time, the driver turning left thinks the driver going straight is required to stop, so he or she has the right of way.
If a collision happens, who is at fault? Is the driver turning left automatically liable or are there exceptions? Ontario law offers some guidance on this issue, but the answer can vary based on the unique facts of a case. Below, we further discuss how liability is established in a left-turn collision.
There is no cost to you to learn more about your potential legal options with a Windsor-based car accident lawyer from our firm. An initial consultation comes with no risk or obligation to move forward.
Left-turn collisions are commonly caused by drivers who fail to follow Ontario’s right of way laws. The Highway Traffic Act does not dictate where a driver attempting to make a left-hand turn should wait at an intersection. However, it does require drivers turning left to make sure they can make a complete turn safely. Negligent behaviors that can lead to a left-turn collision include:
Generally, the driver turning left will be found liable for the collision. Drivers making a left-hand turn must maintain a proper lookout and yield to oncoming traffic until it is to safe to proceed.
At a yellow light, Ontario law allows drivers to proceed through an intersection with caution if they feel that it is unsafe to stop. However, what one driver may consider safe may not be safe to another driver. This is why drivers turning left should never assume that a driver going straight will stop.
An experienced lawyer could help prove fault in a left-turn collision by reviewing traffic laws, conducting an independent investigation into the collision and analyzing any filed police reports. The report may show that the other driver made an illegal left turn. Ontario drivers who make an improper left turn can receive a $110 fine and have two demerit points added to their driving record.
Photos, video surveillance and eyewitness testimony can also be collected with the help of a lawyer in order to prove what happened at the time of the collision and build a strong case on your behalf.
It is also important to remember that Ontario is a no-fault insurance province, which means that even if you are partially or fully to blame for the collision, you may still be eligible to pursue compensation.
It is a common misconception that the driver turning left is automatically at fault for a collision. Liability will depend on a number of different factors, including who had the right of way, the speed of the vehicles, the duties of each driver, and what a reasonable driver would have done in a similar situation.
There are times when the other driver may be at fault. Examples include:
If you have been injured in a collision, our lawyers at Greg Monforton & Partners are here to help. We know what it takes to establish liability in these cases and are available anytime, day or night, to take your call. Our initial consultations are free of charge, and there are no upfront fees to use our services.
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Accidents in parking lots happen a lot more than people realize. While most of these accidents are minor and involve low speed impact, some can still result in serious damages. Determining fault in a parking lot accident can also be difficult. It may not always be evident which driver has the right-of-way.
If you have been involved in a parking lot accident, the reputable Windsor car accident lawyers from our firm are prepared to assist. We know what it takes to identify the party or parties responsible and pursue full compensation for our clients. See how we may be able to help in a free consultation.
A parking lot accident should be handled in the same manner as any other accident. To protect your well-being and your potential claim for compensation, it is important to do the following:
It is also in your best interest to reach out to an experienced lawyer before speaking with the insurance company. An insurance adjuster’s role for the company is to pay out as little as possible in claims. He or she will attempt to devalue or deny you the compensation you may be eligible for. A lawyer will do everything possible to pursue maximum compensation on your behalf, if you have a valid claim.
Parking lot accidents can happen for various reasons. This could include:
In a parking lot accident, fault is determined on a case-by-case basis. It can be difficult because a variety of factors may be involved. In certain situations, one driver may be solely at fault or share fault.
Fault really comes down to which driver was negligent or careless. For instance, drivers moving in the lane of traffic have the right-of-way versus drivers exiting a parking space. If a driver failed to yield or disobeyed a stop sign and it resulted in an accident, he or she would be found at fault.
Insurance companies will look at all evidence in relation to the accident to determine fault. This evidence could include surveillance footage, statements from everyone involved (including witnesses), photos from the scene as well as the location of damage to cars to assess how the accident happened.
A lawyer representing you will also conduct an independent investigation into what occurred and gather the evidenced needed to help support your claim for compensation.
Although accidents in parking lots or anywhere on private property are not subject to Ontario’s Highway Traffic Act, it does not give anyone the right to damage another car or property.
There are still general rules that should be followed at all times, such as:
Have you suffered damages in a parking lot accident? If so, our legal team at Greg Monforton & Partners are ready to explain your legal options in a free, no-obligation legal consultation. We have successfully recovered millions of dollars in compensation for accident victims and their families.
We charge nothing up front if we take on your case and no fees while we work on your case.
Get started today by calling (866) 320-4770.
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