Left Turn Accidents – Who is at Fault?
If you ride a motorcycle in San Antonio, you’ve experienced what it’s like to share the roads with passenger and commercial vehicles. Sometimes it may seem as though no one is really paying attention to your rights as a motorcyclist.
Passenger vehicles and commercial trucks in San Antonio owe motorcycles the same level of consideration as they owe each other. Unfortunately, some drivers seem to forget this. They will act without thinking, putting at risk the safety of the motorcycle operator and anyone who might be with them. All too often passenger and commercial vehicles make left turns or fail to yield at intersections causing accidents.
We know the sensation of coming up to an intersection, seeing a stopped vehicle waiting to make a left turn and then questioning yourself if the driver will yield to you, or if they even notice you at all. Drivers in motor vehicles often cut corners, get waived through intersections by other motorists, or miscalculate motorcyclists’ speed and distance. They might even stop directly in your path of travel. But if you’ve been in a left turn accidents, who is at fault?What’s on the Books
According to Texas Vehicle Code §545.101, in order “to make a left turn at an intersection, an operator shall: (1) approach the intersection in the extreme left-hand lane lawfully available to a vehicle moving in the direction of the vehicle; and (2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered.”
You may think that you have no need for an attorney. You may believe that it’s obvious who is at fault since they turned left in front of you. What you may not realize is that traffic collision reports in Texas are considered hearsay and cannot be admitted into evidence to prove fault. You need an expert on your side.Left Turn Accidents: Who is at Fault?
When you’ve been in any accident while making a left turn, you need to know early on that the determination of fault in a traffic collision report means nothing and does not need to be taken into consideration by an insurance company. This is true even if your traffic collision report says the other driver was at fault. It is not up to the police officer to determine who is liable for an auto accident.
In some cases, the insurance company and their team of defense attorneys may argue that you, an innocent motorcyclist victim, were riding at an "unsafe rate of speed" or were “negligent."
As part of their investigation, they may try to secure a written or recorded statement from you, ask you sign a release, or ask you to work with them in ways that could jeopardize the compensation you deserve. Don’t do any of these things.Don’t Trust Insurance to Do the Right Thing
Remember that insurance companies in San Antonio are not in the business of paying out money to innocent victims. They will do or say almost anything to reduce their insured's liability to avoid paying you as much as you deserve. It is important to note that the insurance company could argue that you were completely or partially at fault for the collision you experienced.
In a left turn accident, who is at fault is a question of extreme contention, even for an experienced motorcycle accident attorney. The time and energy it takes to deal with the insurance company is overwhelming for many. That’s why it’s important to meet with an attorney who will commit to being your advocate. Let Carabin & Shaw do the work for you.
Motorcycle accidents are serious. At the Carabin & Shaw law firm, our team of San Antonio motorcycle injury lawyers has successfully handled hundreds of accidents, and we can help you too. Our attorneys have the dedication, experience, and resources to stand up to the insurance companies and not settle for anything less than you deserve.
Call to schedule a free consultation in San Antonio with one of our lawyers at 210.222.2288 or toll-free at 1.800.862.1260 today.