Key Takeaways
- New Jersey law requires a left-turning driver to yield to oncoming traffic before completing the turn.
- The turning driver is not automatically at fault if the other driver was speeding or ran a red light.
- New Jersey follows a modified comparative negligence rule that can reduce or bar recovery.
- Evidence such as traffic camera footage and witness statements often decides disputed left-turn cases.
New Jersey law places most responsibility for a left-turn car accident on the turning driver, who must yield to oncoming traffic. That presumption is not automatic, since evidence of speeding, a red light violation, or distracted driving can shift or share fault. Left-turn accident fault in New Jersey often comes down to what the evidence shows.
Who Has the Right-of-Way in a Left-Turn Accident in New Jersey?
A driver preparing to turn left across an intersection does not have the right-of-way over vehicles already approaching from the opposite direction. The turning driver must wait until it is safe to complete the maneuver without cutting off oncoming traffic. Once the turning driver has properly yielded and signaled, other vehicles approaching the intersection must then yield to allow the turn to finish. This sequence forms the basis for how fault is typically assigned after a crash.
What Does New Jersey Law Say About Left-Turn Fault?
Under N.J.S.A. 39:4-90, a driver turning left at an intersection must yield to any vehicle approaching from the opposite direction that is within the intersection or close enough to create an immediate hazard. Only after yielding and signaling as required may the driver complete the turn. Because the statute places this yielding duty on the turning driver, insurance adjusters and courts often start with the presumption that the turning driver caused the crash. That presumption can be challenged with evidence showing the other driver violated a separate traffic law.
When Can the Oncoming Driver Share or Bear Fault?
Several circumstances can shift some or all of the fault to the oncoming driver.
- The oncoming driver was traveling above the posted speed limit.
- The oncoming driver ran a red light or entered the intersection after the signal changed.
- The oncoming driver was distracted, such as using a phone at the time of the crash.
- A parked vehicle or other obstruction blocked the turning driver’s view of the oncoming lane.
How Does New Jersey’s Comparative Negligence Law Affect Recovery?
New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. A driver who is found more than 50% at fault for the crash cannot recover damages from the other driver. A driver who is 50% or less at fault can still recover, but the award is reduced by that driver’s percentage of fault. This rule makes the fault percentage assigned to each driver directly determine the outcome of a claim, not just whether one driver was technically turning left.
How New Jersey Car Accident Lawyers Help Prove Fault After a Left-Turn Crash
Determining fault after a left-turn crash often requires more than the police report, since an officer’s initial account may not capture every factor that contributed to the collision. New Jersey car accident lawyers can gather evidence to establish whether the oncoming driver contributed to the crash, including the following.
- Traffic camera or dash cam footage from the intersection
- Photos of vehicle damage and final resting positions
- Statements from independent witnesses
- Cell phone records showing possible distraction
Building this evidence early can reduce a driver’s assigned fault percentage or shift responsibility to the other driver entirely.
Frequently Asked Questions
Is the left-turning driver always at fault in New Jersey?
No, the turning driver typically starts with a greater share of fault, but evidence of speeding or a signal violation can shift responsibility.
Can both drivers be found partially at fault?
Yes, New Jersey allows fault to be divided between drivers based on the evidence in the case.
Does a police report decide fault for insurance purposes?
Not always, since an insurance company or court can weigh other evidence differently than the responding officer did.
New Jersey Car Accident Lawyers at D’Amato Law Firm Can Help After a Left-Turn Crash
The New Jersey car accident lawyers at D’Amato Law Firm review police reports, traffic camera footage, and witness statements to determine fault after a left-turn crash. Our experienced legal team will fight to secure full compensation. Call us at 609-926-3300 or fill out our online contact form to schedule a free consultation about your New Jersey car accident claim. Located in Egg Harbor Township, New Jersey, we serve clients in the surrounding areas.