In a recent incident near Sugarcreek, a 62-year-old Brunswick motorist died while attempting to make a left turn onto Shetler Road NW from Ohio 39. The fatal accident occurred when his 2002 Ford Econoline van, traveling eastbound on Ohio 39, slowed to make the left turn and was rear-ended by a 2019 Peterbuilt Truck owned by Kimble Recycling and Disposal Inc. The truck went off the road and pinned the van driver underneath. The truck driver was unharmed.
This tragic accident is an example of complexities when determining accident liability.
Left-turn accident liability
Left-turn accidents typically occur when a driver attempting to make a left turn collides with an oncoming vehicle or a pedestrian. Determining liability in these cases hinges on various factors, including traffic laws, signals and the actions of the involved parties.
One of the primary considerations in left-turn accidents is the presence of traffic signals. In many jurisdictions, a left-turning driver must yield to oncoming traffic unless there is a dedicated left-turn arrow or a green light indicating the right of way. Failure to adhere to these signals can result in the left-turning driver being held liable for the accident.
Rear-end accident liability
Liability in rear-end collisions is often straightforward, with the presumption that the driver who rear-ends another vehicle is at fault. This presumption is rooted in the idea that drivers should maintain a safe following distance and be prepared to stop if the vehicle in front slows down or stops.
While the rear driver is typically presumed to be at fault, there are exceptions. For example, if the front driver abruptly and unexpectedly stops, changes lanes without signaling or if their brake lights are malfunctioning, they may share some degree of liability. Similarly, if the rear driver’s vehicle experiences a mechanical failure, such as brake failure, it may be a valid defense.
Comparative negligence
In some cases, both parties involved in a left-turn or rear-end accident may share a degree of fault. This is called comparative negligence, where the court assigns a percentage of fault to each party based on their actions leading up to the accident. This can impact the amount of compensation each party is entitled to receive.
These auto accidents are common occurrences, but their legal implications can be far-reaching. If you’ve been harmed in a left-turn or rear-end accident, call the Law Offices of Tim Misny today.
Consult with an Ohio personal injury attorney today
The Law Offices of Tim Misny can help you with your car accident claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at 800-556-4769 so that I can evaluate your case right away.
