Latronica Law



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WHO IS RESPONSIBLE FOR AN ACCIDENT WHEN SOMEONE IS MAKING A LEFT TURN?

New York is a comparative negligence state which means that in order to resolve a claim either through settlement or trial, it must be determined what percentage of fault is attributable to each driver, totaling 100% for example 50-50, 75-25, 90-10, etc.

A driver making a left turn is almost always considered to have a higher percentage of fault for causing a collision then the car which is driving straight from the other direction. Exceptions to this rule are hard to prove. The lesson here is to be especially cautious anytime you are making a left turn. Some defenses for a car that makes a left turn and will minimize that car's percentage of fault are when:

1. The car going straight was traveling at an excessive speed.

2. The car going straight passed a red light or stop sign.

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