Left-Turn Car Accident Fault

Intersections throughout Bowling Green, including high-traffic corridors like Campbell Lane at Lovers Lane, Scottsville Road, and Veterans Memorial Blvd, are frequent sites for severe T-bone collisions. Among these, left-turn accidents are among the most dangerous. Because left-turning vehicles cross oncoming lanes of traffic, impacts often strike the side of a passenger vehicle where structural protection is minimal.

When an intersection crash occurs, insurance adjusters almost always assume the driver making the left turn is 100% at fault. However, Kentucky traffic statutes recognize several crucial legal exceptions where the oncoming driver is actually responsible for the crash.

The Rebuttable Presumption in Left-Turn Accidents

Under Kentucky Revised Statutes (KRS 189.380), drivers intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction that is close enough to constitute an immediate hazard.

Because of this statutory duty, insurance companies start with the assumption that the turning driver failed to yield. However, this assumption is a “rebuttable presumption,” meaning it can be overcome if concrete evidence proves the oncoming driver committed a traffic violation that caused or contributed to the impact.

Exceptions: When the Oncoming Driver Is at Fault

An oncoming driver loses their protected right-of-way status under Kentucky law when their actions create an unavoidable hazard. Key exceptions include:

• Running a Red Light or Flashing Yellow Arrow: If the oncoming driver sped through a red light or ignored turn signals while the left-turning vehicle had a protected green arrow, the oncoming driver is strictly liable.

• Excessive Speeding: If the oncoming driver was driving significantly over the posted speed limit, their excessive speed can prevent the turning driver from accurately judging approaching distance, shifting primary fault to the speeding driver.

• Distracted or Impaired Driving: Drivers engaged with mobile devices or under the influence often fail to brake or take evasive action to avoid an intersection collision.

• Sudden Acceleration: An oncoming driver who suddenly accelerates to “beat the light” can create a hazard that the turning driver could not reasonably anticipate.

Applying Pure Comparative Fault to Intersection Crashes

In complex intersection collisions, responsibility is rarely black and white. Under Kentucky’s pure comparative fault standard (KRS 411.182), fault can be split between both parties.

For example, if a jury finds that a left-turning driver turned somewhat prematurely (40% at fault), but the oncoming driver was driving 20 mph over the speed limit through the Campbell Lane intersection (60% at fault), the turning driver can still recover 60% of their total medical bills, lost wages, and pain and suffering damages from the oncoming driver’s insurer.

Preserving Critical Evidence After an Intersection Crash

Proving fault in a contested left-turn collision requires immediate investigative work before key evidence disappears:

1. Traffic & Security Camera Footage: Nearby businesses, traffic monitoring cameras, and dashcam video offer crucial visual proof of signal phases and vehicle speeds.

2. Event Data Recorders (EDRs): Modern vehicle “black boxes” record speed, braking application, and steering angles seconds before impact.

3. Accident Reconstruction Analysis: Forensic experts use skid marks, vehicle crush profiles, and final resting positions to calculate exact vehicle speeds.

If you have been injured in an intersection collision in Warren County, contact Debra Broz Attorneys at Law to protect your legal rights and establish clear liability.