Who Is at Fault in a Maryland Left-Turn Accident?

Left-turn accidents are among the most dangerous types of car accidents. Often, these crashes happen at intersections when a motorist is turning left across oncoming traffic. If you’ve been in a left-turn car accident in Maryland, you may be dealing with severe physical and emotional injuries and substantial financial losses. A crucial question you might be asking yourself is, “Who is liable?” Determining who is at fault after a left-turn accident is not always straightforward. While many people often assume that the left-turning driver is automatically to blame, things can get complicated. In this article, we discuss how fault is determined in a Maryland left-turn accident. Read on!

The General Presumption

Like in many other states, there is a general presumption in Maryland that the driver who was making the left turn before the accident is at fault. This is because drivers attempting to turn left in an intersection or into an alley, a private road, or driveway, are required by law, specifically Maryland Transportation Code section 21-402, to yield to any vehicle coming from the opposite direction that is close enough to pose an immediate danger. Simply put, before making a left turn, a driver must make sure it is completely safe to do so. This statute places the burden on the driver turning left to wait until it is safe to complete the dangerous maneuver.

Instances When the Oncoming Driver May Share Fault

While in most cases, the left-turning driver is liable, there are cases where the oncoming driver may be to blame, at least partially. Here are some of these instances;

• The oncoming driver was travelling above the speed limit
• The oncoming driver was impaired by alcohol or drugs
• The oncoming driver was distracted
• The oncoming driver ran a red light or stop sign
• The oncoming driver was violating other traffic laws

If you were involved in an accident with a left-turning driver and were speeding, distracted, impaired, or failed to follow traffic laws, you might be partially to blame for your accident. However, you should not admit fault to the other driver or their insurance company. It’s best to leave fault determination to the police, insurance adjusters, and your attorney.

Maryland’s Contributory Negligence Rule

One of the most crucial legal principles to understand if you were involved in a left-turn accident in Maryland is the state’s contributory negligence rule. Maryland is one of four states in the U.S. that still follow this strict rule. Under this rule, if you are found even 1% to blame for your left-turn accident, you can’t seek compensation from the other motorist.

Because of the strict contributory negligence rule, it is vital to determine fault after a Maryland left-turn accident accurately. The other driver’s insurance company and attorney might try to argue that you share some blame. Because of this, hiring an attorney who can help you gather evidence of liability is crucial. Some useful evidence an attorney might gather includes;

• The police report
• Witness statements
• Surveillance or traffic camera footage
• Expert opinions, such as the opinion of an accident reconstructionist

The stronger the evidence, the harder it is for the defense to argue contributory fault.

Contact a Towson Car Accident Lawyer

If you’ve been in a left-turn accident in Towson or Baltimore, contact our experienced Towson car accident lawyer at Hardball Law for help proving liability and seeking the compensation you deserve.

Source:

mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gtr&section=21-402