Negligent Left-Turn Of Motor Vehicle
Generally speaking, a vehicle turning left through oncoming traffic must yield the right of way to the vehicles traveling through. However, left turning motorists can overcome the presumption of negligence if it is unclear whether the speed of the oncoming traffic would indicate that there is little time to clear the roadway and execute the left turn safely. For example, if the vehicle going straight in oncoming traffic was traveling above the speed limit, and from behind a curved road, the left turning vehicle could still be found to have exercised due regard for the safety of others on the roadway. This is because speed limits are determined so that there is enough time to see a car approaching and determine whether there is sufficient time to make a left turn safely. If an oncoming vehicle is traveling at a high rate of speed, there could be little to no time between when the left turning vehicle could see the oncoming car before it approached the intersection, thus causing the collision. For more information, see Autrey v. Swisher, 155 F.2d 18 (5th Cir. 1946) and contact Rosen Injury Law for a consultation.