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Left
Turning Motorist
When an automobile accident occurs with a vehicle attempting
to make a left turn, the law sets forth certain rules and
presumptions regarding the fault of the parties involved.
The law recognizes that a left turn is a dangerous maneuver
because the left turning vehicle enters the lane of traffic
for other vehicles. In fact, some courts have stated that
the left turn is the most dangerous maneuver a motorist may
execute, and thus great caution must always be undertaken.
Most states require in some form that the left turning motorist
is required to signal his intent to make a left turn at least
100 feet before reaching an intersection. In addition to giving
the proper signal, the driver is required to make a proper
observation that the turn could be made without endangering
a passing vehicle.
The owner’s burden placed upon a left-turning motorist
is not discharged by the mere signaling of an intention to
turn. The giving of a signal is immaterial if at the time
the driver of the turning vehicle did not have the opportunity
to make the turn in safety.
The left turning motorist also has the duty to yield to all
vehicles approaching from the opposite direction which are
within the intersection or so close thereto as to constitute
an immediate hazard. Some courts have gone as far to say that
when the left-turning motorist observes a vehicle approaching
from the rear, it is a dereliction of duty to fail to look
a second time before commencing the left hand turn.
Once the evidence establishes that the turning motorist
was attempting to make a left turn when the accident occurred,
the burden of proof shifts to the motorist to absolve himself
of liability. In other words, there is a presumption of negligence
when it is proved that the driver executed a left-hand turn
and crossed the center line at the time of the impact. If
the left-turning motorist is faced with a green arrow left-turn
signal, he must prove that he was making such a turn while
the arrow was green, or that he had pre-empted the intersection.
However, the left-turning motorist’s duty to yield
is inapplicable where the intersection is controlled by an
inoperative traffic signal. Any motorist approaching such
an intersection is required to utilize a high degree of caution.
Proof of the working condition of the traffic signal can
be preserved by taking pictures of the operating traffic signals
immediately following the accident. Also, in discussing the
incident with the investigating police officer, it is important
to point out the working condition of the traffic signals
and ask him if he has recorded that fact.
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