Left-Turn Accident when Oncoming Car Was Speeding

[Scruit]

My question involves a traffic accident in the State of: Ohio

No accident - preemptive question...

Imaging a car makes a left at an intersection, and is hit by an oncoming car. If the driver of the oncoming car admits to doing 45 in a 35, then does he share liability? Or is 45 not fast enough to transfer any liability to him?

What if he was doing 55? 65?

[jk]

No accident - preemptive question...

Planning on an accident?

Imaging a car makes a left at an intersection, and is hit by an oncoming car. If the driver of the oncoming car admits to doing 45 in a 35, then does he share liability?

No

Or is 45 not fast enough to transfer any liability to him?

nope

What if he was doing 55? 65?

Nope

when you reach about 900 mph I think you might have an arguable position. Until that point, one of the things we must do as drivers is judge how fast another driver is driving and act accordingly.

What you usually hear after the accident from the driver making the left turn is "I though I had enough time to clear the intersection. I didn't realize how fast he was moving".

with such a statement, the left turner has just admitted negligence.

[Scruit]

Planning on an accident?

No

nope

Nope

when you reach about 900 mph I think you might have an arguable position. Until that point, one of the things we must do as drivers is judge how fast another driver is driving and act accordingly.

What you usually hear after the accident from the driver making the left turn is "I though I had enough time to clear the intersection. I didn't realize how fast he was moving".

with such a statement, the left turner has just admitted negligence.

Not planning on having an accident, no. I was a witness in a traffic accident where the left-turner accused the oncoming car of speeding. As there was no proof of the speed it was not a factor in the judge's decision.

Just wondering if it makes a difference if the oncoming driver admitted to speeding.

[Scruit]

What if the oncoming car was going so fast that it was not in sight when the left turner started turning - and they had independent witnesses to confirm that?

[jk]

What if the oncoming car was going so fast that it was not in sight when the left turner started turning - and they had independent witnesses to confirm that?

I cannot recall the situation I was reading about but this is the exact claim the defendant made, and still lost his case. There was an on ramp or off ramp of some sort. The defendant claimed that due to the design of the road, if the other party were not speeding, it would be impossible for the accident to take place as he could not see the car when he started to proceed into the traffic lane and the distance viewable could in no way be traversed, without speeding, that the defendant would not have been able to get onto the road safely without causing any sort of accident.

Not that I agree with the defendant being found guilty, regardless, it did happen.

Sorry I can't be any more specific but it is just something stuck in my head without all the details.

[cdwjava]

Unless your state is different from the others, the law says that you can make a turn across traffic only hen it is safe to do so. Making such a turn and being struck by an approaching vehicle would tend to be prima facie evidence of an unsafe turn. Speed MIGHT play a factor if the speed were excessive enough and visibility was sufficiently limited such that the speed would make a significant difference in a turning driver's evaluation of the turn. But, generally, this just is not the case.

- Carl

[Scruit]

Unless your state is different from the others, the law says that you can make a turn across traffic only hen it is safe to do so. Making such a turn and being struck by an approaching vehicle would tend to be prima facie evidence of an unsafe turn. Speed MIGHT play a factor if the speed were excessive enough and visibility was sufficiently limited such that the speed would make a significant difference in a turning driver's evaluation of the turn. But, generally, this just is not the case.

- Carl

I suppose it would make a huge difference if you can *prove* that the other person was not in sight at the time the left turn commenced.

I'm sure that if you could prove that:

There was enough visibility for a prudent person to believe it was safe to commence the turn when no cars are in sight
AND
No cars are in sight at the time the turn commenced
AND
A car comes into view after the turn has commenced
AND
The car is speeding to a point where it closes the distance and collides with the left-turned
AND
You can prove every element in court (multiple witnesses, video etc)

But it all hinges on proof. "He was speeding" is the first thing the at-fault left-turner says.

[cdwjava]

Hence the reason that speed of the oncoming vehicle is rarely the legal primary cause of a collision involving a vehicle that turns into the path o such an oncoming vehicle.

- Carl

[Minno101]

21801. (a) The driver of a vehicle intending to turn to the left or
to complete a U-turn upon a highway, or to turn left into public or
private property, or an alley, shall yield the right-of-way to all
vehicles approaching from the opposite direction which are close
enough to constitute a hazard at any time during the turning
movement, and shall continue to yield the right-of-way to the
approaching vehicles until the left turn or U-turn can be made with
reasonable safety.
(b) A driver having yielded as prescribed in subdivision (a), and
having given a signal when and as required by this code, may turn
left or complete a U-turn, and the drivers of vehicles approaching
the intersection or the entrance to the property or alley from the
opposite direction shall yield the right-of-way to the turning
vehicle.

[cdwjava]

However, a driver that has yielded as required by subdivision (a) is not generally going to be involved in a collision as a result of oncoming traffic. Hence the reason that the turning vehicle is almost always at fault. If you can turn safely, there will be no collision. A collision involving a turning vehicle is generally consider prima facie evidence of an unsafe turn.

- Carl