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Liability in Right-Turn Car Crash Claims

white arrow painted on roadWhile left turns are more dangerous, plenty of crashes occur when drivers turn right. One way this could happen is if drivers pull out into traffic at the wrong time, especially if the approaching driver is speeding.

The Minneapolis car crash lawyers at TSR Injury Law discuss who is at fault in a right-turn accident in Minnesota. Many factors must be evaluated, including whether the driver in the oncoming car may be partially at fault.

Insurance companies like to blame victims of these crashes, which is why you need an experienced lawyer to manage your case. At TSR, our services come with no upfront fees. We are not paid unless our clients get paid.

Contact us after a crash to set up a free consultation. Call (612) TSR-TIME.

What is a Right-Turn Accident?

Right-turn accidents may occur when one driver attempts to make a right turn and collides with an oncoming car. These crashes usually happen at intersections, but they are also common in parking lots.

What Causes Right-Turn Crashes?

Right-turn crashes are typically the result of a driver turning into oncoming traffic. While the driver may have checked for traffic, he or she misjudged the time needed to make the turn or the distance his or her vehicle was from oncoming traffic. Drivers may often make these mistakes when they are distracted or in a rush.

Even when drivers know oncoming traffic is a little too close, they may try to make the turn as fast as possible. Unfortunately, oncoming vehicles might not be able to slow down or stop in time. Some drivers make the turn and slowly accelerate, making it that much harder for oncoming drivers to avoid a collision.

Oncoming drivers may cause right-turn accidents because they are distracted or going over the speed limit. Sometimes an oncoming driver could cause a right-turn crash by changing lanes while a driver starts to turn. In this situation, the right-turning driver might not have seen the oncoming vehicle changing lanes in time to stop.

While victims in right-turn crashes are often drivers, pedestrians and bicyclists could also get hit by a car making a right turn. Drivers must look for bicyclists and pedestrians, especially in blind spots, when pulling forward to make a right turn.

If a driver blocks a crosswalk, he or she could force pedestrians and bicyclists to move out into the intersection to continue crossing the street, putting them at risk of getting hit by oncoming cars.

Sometimes right-turning drivers look left for oncoming traffic but fail to also look right for pedestrians who are in the crosswalk.

Who is Usually at Fault in a Car Crash?

The driver who broke the rules of the road is often found at fault for a car crash. For example, maybe the driver exceeded the speed limit, ran a red light, violated another driver’s right of way, or followed another car too closely. If one of the drivers involved in a car is issued a citation by the police, that driver is probably going to bear most, if not all, of the fault for the accident.

How Does Minnesota Assign Fault For a Right-Turn Crash?

In Minnesota, fault for car crashes and other types of personal injury accidents is assigned based on negligence. The negligent at-fault party can be held liable for damages.

Negligence refers to a breach of a duty of care, such as the duty to obey the speed limit and other rules of the road. The breach of duty must be the cause of the crash. The crash must also be directly linked to the injuries and damages suffered by the victim.

It is important to remember that Minnesota is a no-fault state when it comes to car accident claims. That means victims first seek compensation from the no-fault coverage in their own insurance policies, no matter who caused the crash.

The other driver may still be at fault. However, victims cannot step outside of the no-fault system to file a liability claim or lawsuit unless their injuries and damages cross a certain threshold.

What You Need to Know About Fault For a Right-Turn Collision?

Many right-turn accidents happen when drivers attempt to turn right on a red light. The driver who was turning right is usually at fault because oncoming traffic has the right of way and turning drivers must yield. Turning drivers can also be at fault if they get into a crash while turning at an intersection where red light turns are prohibited.

These are the general rules about fault for right-turn crashes. However, there are exceptions when oncoming drivers may be at fault.

For example, if an oncoming driver was speeding, he or she might be partially at fault. If an oncoming driver changed lanes while in the intersection and crashed into a right-turning driver, he or she could be at least partially liable for damages.

Sometimes a driver turning right on a green light may get hit by an oncoming driver who ran a red light. In this situation, the red-light running driver could be held fully liable for the crash.

Oncoming drivers could also share fault for a right-turn crash if they were distracted. For example, maybe an oncoming driver was texting while going through an intersection. Even though the right-turning driver did not have the right of way, the distracted driver may be partially at fault.

What Happens if the Parties in a Crash Are Partially at Fault?

In Minnesota, you can pursue compensation after a car crash if you are less than 50 percent at fault for what happened. In other words, if you are more at fault than the other driver, you are barred from recovering compensation for your injuries or vehicle damages.

If you are found partially at fault, but less than 50 percent, the total value of your compensation will be reduced according to the percentage of fault you are assigned. An example of this is if a driver was found to be 10 percent at fault for a crash due to speeding. This individual would see any compensation awarded reduced by 10 percent.

Even if you believe you are partially at fault for the crash, you should discuss your situation with a licensed attorney. You should not rely on the insurance company to make an accurate assessment of your fault for a crash. Insurers often try to assign more fault for a crash than should rightly be assigned. Insurers are for-profit businesses and will look for any way to reduce the amount of compensation paid to crash victims.

What You Should Do After a Right-Turn Accident

If you were injured in a right-turn car crash in Minnesota, there are steps you should take for your health and safety, as well as your potential legal claim.

Dial 9-1-1

Tell the dispatcher what happened and that you need assistance. The dispatcher can help you determine if you need an ambulance to join the police at the scene. When the police arrive, they can help secure the area. That way oncoming traffic will not be too close to you or the other driver. The police can also investigate the accident, talk to you and the other driver, and draft an accident report.

Move Your Vehicle Out of the Flow of Traffic

If possible, move your vehicle out of the flow of traffic. The last thing you want is to get hit by an oncoming car. You may want to turn your hazard lights on to help alert approaching drivers to your stopped vehicle.

Be careful about exiting your vehicle. You do not want to be walking too close to passing traffic. You could get clipped by a car and suffer further injury.

Document the Crash Scene

This is not your highest priority. Your lawyer can gather evidence on your behalf. However, if possible, you can take pictures just minutes after the crash. You can also exchange information with the other driver, including insurance information. If there are any witnesses, you can note their names and contact information.

You should only take these steps if it is safe to get out of your car and walk around the crash site. You do not want to be up walking around if you think you might aggravate your injuries.

Go to the Hospital For Treatment

It is generally best to go straight to the hospital from the scene of the crash. You might think your injuries will heal on their own, but you could be wrong. For instance, severe internal injuries after a crash are extremely common. You should never take any car crash injury lightly.

Right-turn crashes can cause severe injuries, including:

  • Traumatic brain injuries
  • Whiplash
  • Spinal cord damage
  • Back injuries
  • Rotator cuff injuries
  • Shoulder injuries
  • Hip injuries
  • And more

You need to seek immediate medical treatment after your right-turn crash so your injuries can be diagnosed and stabilized. This is not only important for your health, but also for your potential compensation claim. Seeking immediate treatment demonstrates a connection between your injury and the crash.

Avoid Saying Too Much to the Insurance Company

If the insurance company calls you after a right-turn crash, you should avoid revealing too much. You can write down what you remember about the crash as soon as possible and discuss things with an attorney before talking to the insurance company. If you wait to write down what you remember, you could easily forget.

Contact an Experienced Attorney

Consulting with an attorney before giving an insurance statement could greatly benefit a crash victim. Since the consultation is free, there is no reason not to seek legal help before talking to an insurance company.

The attorneys at TSR Injury Law have many years of combined experience helping victims of a variety of crashes. We know how to assess whether you have a valid claim and whether you may be partially at fault for a crash.

We are prepared to seek maximum compensation for the damages you suffered in your right-turn crash, which could include:

  • Medical treatment right after the crash
  • Follow-up medical care
  • Lost wages
  • Loss of earning capacity
  • Future medical care
  • Prescription medications
  • Medical testing
  • Pain and suffering
  • And more

Have Questions About Legal Options? Call TSR Injury Law Today

We understand crash victims often have a lot of questions about the legal process. We have helped numerous crash victims over more than 20 years in practice, recovering millions in compensation on their behalf.

There is no cost or obligation to meet with us to discuss your crash and whether you may have a valid claim for compensation. We welcome your call, and there is no risk to you.

Even if you were partially to blame for a right-turn crash, you may still be eligible to pursue compensation.

Call (612) TSR-TIME or fill out an online form and we will be in touch shortly.

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