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Can I get compensation if I was hurt when I hit someone who was doing an illegal turn?

On Behalf of | Feb 13, 2023 | Motor Vehicle Accidents

One of the more dangerous moments during road travel is when a vehicle turns. Left turns and U-turns are particularly hazardous as they expose a vehicle to traffic from multiple directions.

When a motorist makes an illegal turn, the odds of an accident increase significantly, and a fellow traveler may strike the turning vehicle and sustain injuries. In such cases, several factors determine liability and rights to compensation.

Determining fault for an accident

A driver making an illegal turn does not have the right of way, which could mean that the driver bears responsibility for a resulting accident. However, other factors could be at play. The driver making an illegal turn may be doing so to avoid a hazard. Emergency vehicles can make turns that are illegal for other motorists when responding to an emergency.

When an oncoming driver hits someone making an illegal turn, the court also considers the following factors:

  • If the oncoming driver was texting or not paying attention to the road
  • If the oncoming driver had been drinking alcohol
  • If the oncoming driver committed any illegal maneuvers, such as running a red light

A driver who commits an infraction while hitting someone making an illegal turn may share some fault for the collision.

Proving fault and getting compensation

The court will examine the case and can assign compensation to parties with less than 51% blame for the accident. This arrangement follows Ohio’s rules of modified comparative negligence, which reduce damages in proportion to a plaintiff’s degree of fault.

When trying to settle a claim or fight a case, a defendant’s arguments could be persuasive and decrease the possibility of compensation for injured individuals. A person is better off consulting the advice of an accident lawyer instead of assuming an easy victory.