Who is at Fault if a Car Hit Me While I Was Turning Left in Milwaukee, Wisconsin?

Left-turn accidents happen far too often, and they often cause serious or catastrophic injuries.

Most of the time, the driver turning left is liable for damages. However, there are exceptions when another driver could share some or all the blame.

In this blog, PKSD discusses who is at fault in a left-turn accident in Milwaukee. We review Wisconsin’s rules of the road for left turns and how victims might be partially at fault.

Did a car hit you while you were turning left? If so, you may be eligible to seek significant compensation for your medical bills and other losses.

PKSD has a history of proven results, and we are dedicated to helping injured victims. Contact our firm today to discuss your situation. Our Milwaukee car accident lawyers can determine if you may have legal options at no upfront cost to you. There are also no upfront costs if we represent you, and we only get paid if we win.

Request your FREE case review today. 414-333-3333

What Causes a Left-Turn Collision in Milwaukee?

Most left-turn car accidents happen due to negligence or human error. Too often, drivers ignore Wisconsin’s right-of-way laws in a hurry to try to beat oncoming traffic. As a result, they put themselves and others in harm’s way.

State law requires drivers who are turning left at an intersection on a green light to wait until it is safe to turn. This means waiting until there is no oncoming traffic. Some intersections may have a traffic signal to indicate when the driver turning left has the right of way. However, even if there is a green arrow signal, the driver turning left still has a duty to check for traffic.

For instance, if an oncoming driver runs a red light, then the driver with the green arrow must wait for that vehicle to pass. This does not erase the red-light runner’s traffic violation. However, every driver’s first duty is to take steps to avoid causing a crash.

Other reasons that a left-turn car crash may happen is because of drivers:

• Misjudging the speed or distance of oncoming traffic
• Traveling too fast during inclement weather
• Turning left when something is obstructing the view of traffic
• Failing to yield the right of way
• Not using a turn signal, which could confuse oncoming drivers
• Driving while distracted by texting or something else
• Speeding
• Miscalculating how long it will take to turn

Oncoming Traffic Has the Right of Way

Drivers turning left must yield the right of way to oncoming traffic. This is true whether you plan to turn onto another roadway, alley or driveway or just need to make a U-turn. Oncoming traffic has the right of way and is therefore not required to slow down or stop for a left-turning driver.

Rules of the Road for Left Turns in Milwaukee, Wisconsin

Navigating left turns can be challenging, especially in busy intersections or under adverse conditions. In Wisconsin, specific traffic laws govern left turns to ensure the safety of all road users. Understanding and adhering to these rules is crucial to prevent accidents and avoid legal consequences.

Yielding the Right of Way

One of the most critical rules for left turns in Wisconsin is that drivers must yield the right of way to oncoming traffic. When making a left-hand turn, whether at an intersection or into a driveway, you must wait until it is safe to proceed. This means ensuring there is no oncoming traffic, pedestrians crossing the street, or any other potential hazards. If the intersection has a traffic signal, such as a green arrow, the left-turning driver still needs to be vigilant and ensure the path is clear of any vehicles running a red light.

Turning Left on Red

Wisconsin law generally prohibits making a left turn on red unless you are turning from a one-way street onto another one-way street. This rule is designed to prevent confusion and accidents at intersections. Always check for specific signs indicating whether a left turn on red is permitted. Even when allowed, you must still yield to all other traffic and pedestrians.

Use of Turn Signals

Proper use of turn signals is essential for safe left turns. Drivers must signal their intent to turn at least 100 feet before reaching the intersection or the point where they intend to make the turn. This allows other road users to anticipate your movements and react accordingly. Failing to signal can result in confusion and potential collisions.

Handling Protected and Unprotected Turns

A protected left turn occurs when a dedicated left-turn signal or arrow gives you the right of way. However, in the absence of a protected signal, you are making an unprotected left turn, which requires extra caution. In these situations, drivers turning left must yield to all oncoming traffic and pedestrians, and wait for a safe gap before proceeding.

Clear Visibility and Obstructions

Before making a left turn, ensure you have a clear view of oncoming traffic and any potential obstructions. This might include waiting for parked cars or other obstacles to move out of your line of sight. If visibility is blocked, either wait until the obstruction clears or find an alternative route.

Pedestrian and Bicycle Considerations

When making a left turn, always be mindful of pedestrians and cyclists. They have the right of way at crosswalks, and it is crucial to ensure they are not in your path before completing the turn. Additionally, be aware of bike lanes and ensure they are clear of cyclists before making the turn.

Adhering to these rules helps maintain safety on the roads and reduces the risk of accidents during left turns. Always stay alert and follow traffic signals and signs to navigate left-hand turns safely in Wisconsin.

Is the Driver Turning Left Always Liable for Causing a Crash?

The driver turning left is almost always liable for causing a Milwaukee left-turn crash. This is because the left-turning driver has a legal duty to make sure oncoming traffic is clear before proceeding. However, there are exceptions when the other driver could be at least partially at fault for causing a crash with a left-turning vehicle.

Some examples of when a left-turning motorist may not be liable for causing a crash include when:

• Other Driver’s Traffic Violation: If the oncoming driver is found to be violating traffic laws, such as running a red light or speeding, they may share or bear full responsibility for the crash. For example, if an oncoming vehicle disregards a red light and crashes into the left-turning vehicle, the driver who ran the red light is likely at fault.
• Inadequate Visibility: If the left-turning driver was unable to see oncoming traffic due to obstructions such as parked cars, signage, or other obstacles, they may not be entirely at fault. The law requires that drivers wait until they have a clear view, but if visibility was genuinely obstructed, this could mitigate their liability.
• Sudden and Unpredictable Actions: If an oncoming driver makes sudden or unexpected maneuvers that make it impossible for the left-turning driver to react safely, the left-turning driver might not be at fault. For instance, if an oncoming vehicle swerves into the left-turning lane abruptly, the turning driver may not have had adequate time to avoid the collision.
• Mechanical Failures: If the crash is caused by a mechanical failure that was not foreseeable or preventable by the left-turning driver, they may not be held liable. For example, if a vehicle’s brakes fail suddenly, leading to a crash during a left turn, the fault may lie with the vehicle’s maintenance rather than the driver’s actions.

The Burden of Proving Negligence is on the Victim

Regardless of how the left-turn crash occurs, the injured victim has the burden of proving who is at fault. However, this is not an easy task, especially if you are unfamiliar with the laws or how to go about proving negligence.

Unfortunately, injured victims often hurt their claim while trying to seek compensation on their own. Having an attorney handle your case from the beginning often results in significantly more compensation for crash victims.

How Can a Lawyer Determine Who is at Fault in a Left-Turn Crash in Milwaukee?

Damage to the vehicles involved may help crash investigators to determine fault. The type, location and extent of crash damage often helps to provide insight about how a crash happened.

For example, say you are driving straight, and another driver unexpectedly makes a left turn. In this situation, you might try to swerve to the right to avoid a collision. If you are unable to avoid the crash, your vehicle may have damage to the front left corner or side. The damage in this collision shows how you tried to avoid the collision. The other vehicle would likely have vehicle damage on its right front corner. Investigators might determine this driver was not paying attention and cut into traffic.

On occasion, the vehicle damage might indicate the driver traveling straight was partially to blame. For instance, if the damage is to the right rear corner of the turning vehicle. This damage might mean the oncoming driver was speeding or breaking some other traffic law.

Sometimes determining liability is challenging, even for experienced crash investigators. This is especially true when there are no witnesses or camera footage to shed light on events leading up to the left-turn crash. In cases like this, your attorney may consult with an accident reconstruction specialist. These experts use a scientific approach to gather evidence and clarify what happened.

Comparative Negligence Laws in Milwaukee and Their Impact on Left-Turn Crashes

Wisconsin operates under a comparative negligence system, which can significantly influence the outcome of personal injury claims, including those arising from left-turn crashes. Understanding how comparative negligence works is crucial for anyone involved in such accidents, as it determines how fault is apportioned and how compensation is calculated.

What is Comparative Negligence?

Comparative negligence is a legal doctrine used to allocate responsibility and damages in accident cases. Under this system, if multiple parties are at fault, each party’s degree of responsibility is assessed, and damages are distributed accordingly. Wisconsin follows a modified comparative negligence rule, specifically the “51 percent rule.” This means that if a party’s share of fault is 51 percent or more, they are barred from recovering damages. Conversely, if a party is less than 51 percent at fault, they can recover damages, but the amount will be reduced by their percentage of fault.

Impact on Left-Turn Crashes

In the context of left-turn crashes, comparative negligence can complicate the determination of liability and compensation. For instance, if a driver making a left-hand turn is found to be 40 percent at fault due to failing to yield, and the oncoming driver is 60 percent at fault for speeding, the injured party’s damages will be adjusted based on their percentage of fault.

Here’s how comparative negligence may play out in a left-turn crash scenario:

1. Determining Fault: In a typical left-turn crash, the driver turning left is often presumed at fault for not yielding to oncoming traffic. However, if the oncoming driver was speeding, running a red light, or otherwise driving recklessly, their actions could also contribute to the accident. The comparative negligence system requires a detailed analysis to determine the exact percentages of fault for each party involved.
2. Calculating Damages: Once fault is assigned, the total damages awarded to each party will be reduced by their percentage of fault. For example, if a left-turning driver is found to be 30 percent at fault and the total damages are $100,000, they would be eligible to recover $70,000 (70 percent of $100,000).
3. Impact on Recovery: If the left-turning driver is found to be 51 percent or more at fault, they would be barred from recovering damages. This highlights the importance of accurately assessing and presenting evidence to establish fault and mitigate one’s degree of responsibility.

Wisconsin’s comparative negligence laws play a pivotal role in determining liability and compensation in left-turn crashes. Understanding how fault is assessed and how it affects recovery can significantly impact the outcome of personal injury claims.

How to Win a Left-Turn Accident Lawsuit in Milwaukee?

Proving who is at fault in a left-turn crash requires comprehensive evidence to establish liability and support your claim. Here are key types of evidence that can strengthen your case:

1. Police Report: Obtain a copy of the police report from the accident scene. This official document includes critical details such as the officer’s assessment of fault, any citations issued, and basic facts about the crash. It serves as a foundational piece of evidence in establishing the circumstances of the accident.
2. Photographs and Videos: Take clear photographs or videos of the accident scene, vehicle damage, and surrounding conditions. Visual evidence can illustrate the point of impact, vehicle positions, and any relevant road features or obstructions. If available, dash cam footage can provide an invaluable perspective on how the accident occurred.
3. Witness Statements: Gather contact information and statements from witnesses who saw the accident. Witnesses can provide impartial accounts of the events leading up to the crash and help clarify how the collision happened. Their testimonies can support your version of events and counter any conflicting narratives.
4. Traffic Signals and Signs: Document the traffic signals and signs at the intersection where the accident occurred. This includes capturing any signals indicating right-of-way or restrictions, which can be pivotal in determining who had the legal right to proceed.
5. Medical Records: Obtain medical records and reports detailing the injuries sustained in the crash. These records not only substantiate the extent of harm but also establish the impact of the accident on your health and well-being.
6. Expert Testimony: In complex cases, an accident reconstruction specialist may be necessary. These experts analyze the evidence to recreate the accident and provide an objective opinion on fault based on their scientific analysis.

Collecting and presenting this evidence effectively can help establish fault in a left-turn crash and support your claim for compensation. Working with an experienced attorney can further ensure that all relevant evidence is properly gathered and utilized in your case.

Tips on Avoiding Left-Turn Accidents in Wisconsin

Both parties are responsible for helping to prevent a crash. Fortunately, there are several ways that drivers can avoid being in a left-turn accident. Some helpful guidelines include:

• Activate your turn signal properly to notify other traffic
• Slow down appropriately and fully stop to check for traffic
• Allow plenty of time and distance before attempting a turn
• Pause at a green indicator light to watch for drivers blowing a red light
• Watch for bicyclists, pedestrians, scooters and others
• If another vehicle is blocking your view, wait for that driver to pass
• If an obstruction blocks your view, consider taking another route
• Be alert for traffic in front of you and in your blind spots
• Turn off your turn signal after making the turn
• Make a right turn whenever possible

Contact Our Firm to Discuss Your Situation Today

If you were injured in a left-turn accident caused by another driver’s negligence, you may be eligible to seek compensation to help you recover your losses.

Contact our law offices as soon as possible to discuss your situation and learn about your legal options. It is important to speak to an experienced lawyer as soon as possible to ensure the protection of your rights and legal interests. If you choose to hire our firm, there is nothing for you to pay up front, or while we manage your case. We do not get paid unless we recover compensation for you.

Contact PKSD today to schedule a free, no-obligation consultation with a licensed attorney: 414-333-3333.