Driving in the busy streets of New York is a challenge even for the most experienced drivers. One mistake and a serious crash can follow. In these busy streets, left-turn accidents are some of the most common and disputed types of collisions. These accidents are not always clear-cut, resulting in complex questions about fault and compensation. If you’ve been involved in a left-turn accident, understanding your rights and liabilities can help with your subsequent claims. In this post, Alex Yadgarov & Associates will step into the shoes of your accident lawyer in New York and explain what you need to know about left-turn accidents in NYC.
What is a Left-Turn Accident?
A left-turn accident is an accident that occurs when the vehicle making a left turn across traffic collides with an oncoming vehicle, pedestrian, or cyclist. These accidents are some of the most dangerous because they expose the broadside of the turning vehicle to oncoming traffic.
Why are Left-Turn Accidents Risky in NYC?
Left turns are inherently dangerous anywhere in the world. A driver making such a turn must carefully judge speed, distance, traffic signals, and pedestrian movements. One miscalculation increases the likelihood of an accident. In NYC, there is a high risk of left-turn accidents because:
- There is a high volume of traffic on every major street.
- There are multiple lanes with oncoming traffic at different speeds.
- Pedestrians cross simultaneously with traffic signals.
- Cyclists travel alongside or against traffic flow.
- Visibility is limited due to parked cars, buses, and delivery trucks.
Who is Usually at Fault in Left-Turn Accidents?
Under New York traffic laws, drivers making left turns need to yield the right of way to oncoming traffic that is going straight or turning right.
That being the case, when an accident occurs, it is presumed that the driver making the left turn is at fault. However, fault is not automatic, and sometimes fault can be shared or shifted depending on the circumstances of the accident.
Can Both Drivers Be at Fault in a Left-Turn Accident?
Yes, since New York follows the pure comparative negligence rule, fault can be shared among the drivers involved in the accident.
While an injured person can still recover compensation, the compensation they recover is reduced by the fault percentage of the accident attached to them. Since it’s the ‘pure’ comparative negligence rule, the injured person can claim compensation, even when they are mainly at fault for the accident (i.e, beyond 50%).
What Compensation Can You Recover After a Left-Turn Accident?
When you’re injured in a car accident in New York, you can claim from your Personal Injury Protection (PIP) coverage compensation for medical expenses, lost wages, and other related expenses. Since it is no-fault insurance, the compensation can be claimed, regardless of fault. The standard PIP coverage has an upper limit of $50,000, which can be supplemented by purchasing additional coverages. Also note that your PIP coverage does not compensate for non-economic losses such as pain and suffering.
If you’re looking to claim compensation for non-economic losses, you need to get your New York car accident lawyer to file a personal injury lawsuit. You can only file a personal injury lawsuit if you can prove that the basic economic damages suffered exceed $50,000 or when you have suffered a ‘serious injury.’ What counts as a ‘serious injury’ is mentioned in Section 5102(d) of New York Insurance Law.
When you are partially at fault for the accident, the pure comparative negligence rule applies. While it does not impact your no-fault compensation, it can reduce the compensation you receive from a personal injury lawsuit.
What Should You Do After a Left-Turn Accident in NYC?
If you’re involved in a left-turn accident in NYC, here’s what you need to do to protect your health and the right to claim compensation.
- Call 911 and report the accident.
- Move to a safe location, but do not leave the scene of the accident.
- Seek immediate medical attention, even if the injury appears minor.
- Gather evidence at the scene (photographs and videos), and exchange contact and insurance information with the other driver.
- Contact your car accident lawyer in NY to understand your rights and liabilities.
- Contact your insurance company and inform them about the accident.
Here are the things you should not do after an accident:
- Do not leave the scene of the accident until the authorities arrive. (Remain only if you are not injured.)
- Do not refuse or delay medical treatment.
- Do not become confrontational with the other driver.
- Do not admit fault or apologize for the accident.
- Do not make any recorded statements to insurance adjusters.
- Do not post about the accident on social media.
Conclusion
Left-turn accidents are some of the most common and serious accidents in NYC. While the driver making the left turn is presumed to be at fault, this is not absolute and will depend on multiple factors. Understanding your rights and liabilities is a must to recover fair compensation.
If you’ve been injured in a left-turn accident, contact Alex Yadgarov & Associates today! Schedule your free consultation. Our team will help you fight the good fight and help you get the compensation you deserve.
