In the world of motor vehicle accidents, quite often both drivers believe they have the right of way. These cases frequently involve one driver turning left on an amber light, and one going straight through the intersection. The driver proceeding straight believes they have the right of way as they are traveling straight through, while the driver turning left thinks the driver going straight through should stop for them. This begs the question, who is really at fault here?
Generally, where an accident occurs that involves a left turn on an amber light, the driver making the left-hand turn will not be able to rely on the assumption that the other driver will stop for the yellow light. Under section 144(5) of the Highway Traffic Act, drivers have a legal duty to stop for a yellow light if it can be done so safely. Section 142(1) and 141(5) also state that a left turning driver must ensure the turn can be made safely before they proceed through the intersection.
However, this is not a hard and fast rule. For example, if it can be established that the straight through driver was speeding, ran a red light, or could have safely stopped when the light turned yellow, then the straight through driver may bear some of the fault for the accident. In order to establish that the straight through driver did any of the above, evidence from witnesses of the accident, police reports, and experts reports from professionals trained in accident reconstruction are often necessary.
If you have been in an accident where one of the drivers was making a left turn, your first priority should be getting medical attention for any injuries, then try to get the names of phone numbers of any witnesses, take pictures of the scene of the accident, including where the debris from the vehicles landed, and contact a lawyer.
