Articles Tagged with auto accident

If Driver A tries to pass Driver B while B is making a left turn and a collision results, who is at-fault for the accident? At an intersection with a green light, when Driver B is turning left and collides with oncoming Driver A, who is traveling straight, who is at-fault for that accident? Under Louisiana Law it is Driver B, the left-turning driver, who is presumed to be at fault for both. However, the left-turning driver does have the opportunity to overcome this presumption of fault.

A left-turning driver may only be free from fault when he executed his turn after first ascertaining that the turn can be executed safely and without danger to the normal overtaking or oncoming traffic. Thus, the left-turning driver must always yield to the right-of-way of other vehicles. Accordingly, the left-turning vehicle must properly and timely signal that he is turning left and also check traffic behind him and traffic that is oncoming. Only then can he assert that he is free from fault if there is a collision between him and the passing vehicle. Ponthieu v. Dubroc, 108 So.2d 25 (La. Ct. App. 1958)

Under Louisiana Law the rear-ending driver is actually only presumed at-fault and has the opportunity to prove that he was free from fault by showing the Court the following:

1) He had his vehicle under control prior to the collision;