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Intersections are the most common sites for collisions in Colorado, and left-turn maneuvers are among the most dangerous. If you were involved in a crash while turning, or if a turning driver struck you, you likely want to know: who is at fault? At Matlin Injury Law, our car accident lawyer team has spent decades helping victims untangle the complexities of left turn accident fault.
In most cases, the driver making the left turn is found responsible for the collision. However, Colorado’s laws on right-of-way and comparative negligence mean that fault isn’t always 100% on one person. Understanding the specifics of C.R.S. § 42-4-702 is the first step in protecting your rights.
The General Rule: Left-Turning Drivers Must Yield
Colorado law is very clear regarding intersection maneuvers. Under C.R.S. § 42-4-702, the driver of a vehicle intending to turn left within an intersection, or into an alley, private road, or driveway, must yield the right-of-way to any vehicle approaching from the opposite direction that is already within the intersection or close enough to constitute an immediate hazard.
Because the law places the burden of safety on the person crossing the flow of traffic, insurance adjusters almost always begin with the presumption that the left-turning driver is at fault. If you were the driver going straight, this presumption works in your favor; if you were the turning driver, you will need strong evidence to prove that an exception applies.
Exceptions to the Left Turn Accident Fault Rule
While the left-turning driver is usually found liable, fault can shift if the other driver was behaving negligently. In these scenarios, how fault is determined in a car accident becomes a matter of evaluating each driver’s contribution to the crash.
1. The Oncoming Driver Was Speeding
If a driver is traveling significantly over the speed limit, they may be found partially or even fully at fault. A turning driver might judge a gap in traffic to be safe based on the speed limit, only to be struck because the oncoming car arrived much sooner than expected.
2. The Oncoming Driver Ran a Red Light
If you are waiting in the intersection to turn left and the light turns red, you have a legal obligation to clear the intersection. If an oncoming driver runs the red light and hits you while you are completing your turn, they are the negligent party.
3. Distracted or Impaired Driving
If the oncoming driver was distracted driving (texting, looking at GPS) or under the influence, they may have failed to take evasive action that could have avoided the crash. This negligence can shift a portion of the liability away from the turning driver.
Colorado’s Modified Comparative Negligence Rule
Colorado follows a modified comparative negligence rule with a 50% bar (C.R.S. § 13-21-111). This means you can still recover compensation even if you were partially to blame for the accident, provided your fault is less than 50%.
However, your total award will be reduced by your percentage of fault. For example:
- You are found 20% at fault for a left-turn accident because you didn’t use a turn signal.
- The other driver is 80% at fault for speeding through the intersection.
- If your total damages are $100,000, you would receive $80,000.
If you are found to be 50% or more at fault, you are barred from recovering any damages under Colorado law. This is why insurance companies often try to push more than half the blame onto the turning driver—it saves them from paying anything at all.
Proving Fault in a Left-Turn Collision
Proving left turn accident fault requires more than just your account of what happened. Our team uses a variety of evidence to build an undeniable case:
- Police Reports: Responding officers often cite the driver they believe violated the right-of-way. A citation for a “Class A traffic infraction” under C.R.S. § 42-4-702 is strong evidence of negligence.
- Physical Damage Patterns: The location of the damage on both vehicles can prove who was where in the intersection. For example, rear passenger door damage may show you had nearly completed your turn before impact.
- Video Evidence: We look for footage from dash cams, nearby business security cameras, or intersection “red light” cameras.
- Accident Reconstruction: In high-stakes cases involving catastrophic injuries, we may work with engineers to calculate vehicle speeds and timing to show that the oncoming driver had ample time to stop.
Recoverable Damages After an Intersection Crash
Side-impact “T-bone” collisions, common in left-turn accidents, often result in types of damages in personal injury car accident claims that go far beyond vehicle repairs. We fight for:
- Medical Bills: Including ER visits, surgeries, and physical therapy.
- Lost Wages: For the time you missed while recovering.
- Pain and Suffering: For the physical and emotional toll of the crash.
- Property Damage: Including your vehicle and any personal items inside.
Frequently Asked Questions
What if I was turning left on a “green arrow”?
If you had a protected green arrow, you had the right of way. If an oncoming car hit you, they likely ran a red light or failed to stop, making them 100% at fault.
Can I be at fault if I was hit while turning into my own driveway?
Yes. The law requires you to yield to oncoming traffic whether you are turning into a major intersection or a private driveway.
What if the other driver was speeding, but I was the one turning?
This is a classic comparative negligence case. The jury or insurance adjuster will weigh your failure to yield against the other driver’s excessive speed to assign a percentage of fault to each party.
Who pays for my rental car if fault is disputed?
If the other insurer is “investigating” fault, they may refuse to pay for your rental. In the meantime, you can use your own rental reimbursement coverage. You can find more details on who pays for the rental car after an accident in Colorado on our blog.
Contact Matlin Injury Law Today
Proving left turn accident fault in Colorado is a complex battle of evidence and timing. You shouldn’t have to navigate the car accident claim process alone while dealing with injuries.
Matlin Injury Law is born and raised in Colorado, and we fight for our clients like they are family. We operate on a contingency fee basis, meaning we only get paid if we win your case.
Call our team today at (303) 487-8911 or contact us online for a free, no-obligation consultation.
