Yellow Light and Left Hand Turn Accidents - Who’s at Fault?

When there has been a motor vehicle accident in an intersection with two vehicles, it is common for both drivers involved to believe they had the right of way.  In these types of situations, the accident could likely have been avoided had each driver had a better understanding of the law and the rules of the road.

Frequently, accidents that occur in an intersection, poor weather conditions aside, one driver was proceeding straight through an intersection and the other driver was attempting a left hand turn on a yellow light. The driver going straight through the intersection believes they have the right of way to clear the intersection and the driver making the left hand turn believes the driver going straight must stop and therefore they have the right of way to make their turn. So, who is at fault?

Generally speaking, the driver attempting the left hand turn will be responsible. Under the Highway Traffic Act, a driver attempting a left hand turn has the responsibility to wait to make their turn until it is safe to do so, maintain a proper lookout, and yield to oncoming traffic. Furthermore, a driver facing a yellow light is permitted to proceed through the intersection if they deem it unsafe to stop.

Some may argue that the left turn driver is entitled to assume that the straight through driver will stop as they are required to do so under the Act,provided it can be done safely. However, what is considered “safe”? What one driver may consider safe in these circumstances may not be the same as another. Therefore, it should never be assumed that the straight-through driver will stop. This assumption unfortunately results in many avoidable accidents.

If it can be established that the straight-through driver was speeding, ran a red light, or could have safely stopped on the yellow light, then that driver may bear some portion of fault for the accident. This will typically require evidence from witnesses and reports from police officers and/or other professionals that are trained in accident reconstruction.  

By: Karen Vigmond