Steps to Take for Winning Your Left-Hand Accident Case in Houston
Strong Evidence, Good Strategy, and Skilled Representation All Go Into Proving Your Case When Dealing With Complicated Left-Turn Accidents
Left-turn car accidents are common on Houston’s busy roads. These collisions often result in serious injuries and complicated disputes over who is at fault. Texas law requires left-turning drivers to yield to oncoming traffic, so the driver making the left turn is typically presumed responsible for the accident. However, “presumed at fault” doesn’t mean automatically losing your case. Whether you were the driver turning left or the driver hit by someone turning left, there are clear legal strategies and evidence that can help you win your case. This guide explains how to protect your rights, gather the proof you need, and navigate Texas’ comparative fault rules to achieve the best outcome.
Winning a left-turn accident case in Houston comes down to building a strong factual argument and avoiding mistakes that could hurt your claim. From the moment the crash happens, your actions and evidence collection can make or break your case. Below, we outline what to do in each scenario – whether you were the turning driver or the one going straight – and how to leverage key evidence and Texas law to your advantage. By understanding these strategies and following some crucial dos and don’ts, you can significantly improve your chances of a favorable resolution.
Gather Strong Evidence to Prove Fault
No matter which driver you were, solid evidence is the cornerstone of winning a left-turn accident claim. Because fault can be hotly contested in these crashes, you’ll need proof to support your side of the story. Key pieces of evidence include:
- Eyewitness statements: Independent witnesses who saw the accident can provide unbiased accounts of what happened – for example, confirming which driver had a green light or whether the oncoming car appeared to be speeding. Be sure to get contact information for any witnesses at the scene.
- Video footage: Camera evidence can be invaluable. Surveillance videos from nearby businesses or traffic cameras, as well as dashcam footage, can show the collision in detail. This might prove, for instance, that the left-turning driver began their turn on a red light, or that the oncoming driver was far over the speed limit.
- Police report: Always call the police after a serious accident in Texas. The official crash report often contains the officer’s observations and even an assessment of fault or citations (such as a ticket for failure to yield). A Houston police report noting that the other driver violated a traffic law can greatly strengthen your claim.
- Accident reconstruction: In more complex or disputed cases, an accident reconstruction expert may be used to analyze the scene. They examine vehicle positions, skid marks, impact damage, and other physical evidence to determine how the crash occurred. Their findings can back up your version of events – for example, showing the oncoming car’s approximate speed or the angle of impact.
- Photographs and records: Take photos of the intersection, damage to all vehicles, and any visible injuries right after the crash. Also save records like medical reports for your injuries and any citations issued. These pieces of evidence, while basic, provide important context and substantiation for your case.
By promptly gathering this evidence, you prevent critical details from being lost. Memories fade and skid marks can wash away, so it’s important to act quickly. An experienced Houston car accident attorney can help secure additional evidence as well, for example, by obtaining traffic camera footage or hiring experts to strengthen your case. The more credible proof you have, the harder it is for the other side to dispute the facts.
If You Were the Left-Turning Driver
Being the left-turning driver in a collision can put you on the defensive, since Texas law places the burden on you to yield and avoid oncoming traffic. However, do not assume that you have no chance to win your case. There are scenarios where the majority of fault may lie with the other driver, even if you were the one turning.
Highlight any negligence by the other driver. Investigate whether the oncoming driver was doing something illegal or unsafe that contributed to the crash. Common examples include the oncoming vehicle speeding excessively, running a red light, or driving distracted. If the other driver was recklessly speeding or blew through a traffic signal, they can be found at least partially at fault for the accident. For instance, a driver going straight at far over the speed limit can make it nearly impossible for you to gauge a safe gap to turn. Similarly, if the oncoming driver ran a yellow or red light, they violated the right-of-way rules and bear responsibility. Evidence like skid lengths, intersection camera footage, or witness testimony might prove these facts.
Leverage Texas’ comparative fault rules. Texas follows a modified comparative negligence system (also called “proportionate responsibility”) that allows fault to be shared. You can still recover compensation as long as you are not 51% or more at fault for the accident:content. In practice, this means showing that the other driver’s share of blame is equal to or greater than yours. Even if you bear some responsibility for misjudging the turn, you might win a reduced award if the other motorist was also negligent. For example, if you are found 40% at fault and the other driver 60% at fault, and your damages are $100,000, you could still recover $60,000 (the $100k reduced by your 40% fault). The less fault assigned to you, the more you can recover – so the goal is to gather proof that shifts as much blame as possible onto the other party.
Fight the presumption of fault with evidence. Because insurers will initially presume you’re at fault as the turning driver, you and your attorney need to actively counter that narrative. Present the police report or tickets showing the other driver’s violations. Use expert analysis or witness statements to demonstrate that you had a green turn arrow, or that the oncoming car’s speed was a factor. By documenting these points, you create reasonable doubt that you alone caused the crash. Remember, do not admit fault at the scene or to insurance – even a polite apology like “I’m sorry, I didn’t see you coming” can be used against you later as an admission of guilt. It’s best to stick to the facts when talking to police (e.g. “I waited, I thought it was clear to turn, and then the car came so fast”) and let your lawyer handle detailed communications with the insurance company. With a robust collection of evidence and careful handling of statements, it is very possible for a left-turning driver to win or favorably settle a claim, especially if the other driver’s negligence played a big role.
If You Were Hit by a Left-Turning Driver
If you were the driver going straight and another vehicle turned left into your path, you are generally in a strong position – the law is on your side. Texas’s traffic rules clearly state that a vehicle turning left must yield to oncoming vehicles that are in the intersection or close enough to be an immediate hazard. In most left-turn accident scenarios, the left-turning motorist will be found at fault for failing to yield the right-of-way. That said, you should not become complacent. To secure a win and full compensation, you must still build a solid case that proves the other driver’s violation and defends against any claims that you were partially to blame.
Prove the other driver failed to yield. Establishing the left-turn driver’s fault often starts with the police report and traffic law. If the responding officer cited the other driver for “Failure to Yield – Left Turn” or a similar violation, that’s powerful evidence in your favor. Make sure to obtain a copy of the accident report as soon as it’s ready. Also gather any available video footage or eyewitness accounts showing that you had the right-of-way (for example, your light was green and you were proceeding straight when the other car suddenly turned). Such evidence underscores that you were driving lawfully and the left-turning driver’s improper turn caused the crash. Photographs of the intersection and vehicle positions can further support the fact that the impact occurred in your lane, indicating the turning car intruded into your path.
Anticipate the “you were partly at fault” defense. Even when liability seems clear, the at-fault driver’s insurance company may try to reduce their payout by arguing you share some blame. They might claim you were speeding, distracted, or could have braked to avoid the collision. Be prepared for this tactic. To counter it, use evidence: for instance, skid marks and vehicle damage can reveal approximate speeds and collision angles – if they show you were not speeding or had little time/space to react, that weakens the insurer’s argument. Witnesses can also refute bogus claims (e.g. a passenger or bystander can testify that you entered the intersection on a green light at a normal speed). It’s also wise to refrain from making any statements that could be twisted into an admission of partial fault. Don’t say things like “I might have been going a little fast” or “I was in a hurry” – even casual remarks can be used against you later. The truth is, in many left-turn crashes the through-driver did nothing wrong; make sure your evidence and statements consistently reflect that.
Maximize your recovery under comparative fault. As the straight-moving driver, you are likely to be under the 51% fault threshold, meaning you are eligible to recover damages. Your aim should be to minimize any percentage of fault assigned to you. If the insurance company or other driver tries to assign you a small portion of blame, your attorney can challenge that through factual evidence and Texas’s comparative negligence law. Remember, any percentage of fault they manage to pin on you will proportionally reduce your compensation. For example, if they argue you were 20% at fault and you don’t successfully refute it, a $100,000 award would be cut by $20,000. By thoroughly documenting your careful driving and highlighting the other driver’s clear failure to yield, you can push for a finding of 0% fault on your part – or as low as possible – resulting in a larger recovery. In short, do everything you can to show that the left-turning driver had 100% of the responsibility for what happened.
Building a Winning Case with the Right Legal Help
Pursuing a left-turn accident claim in Houston can be challenging, but with the right approach you can significantly improve your odds of success. The strategies outlined above – gathering strong evidence, understanding comparative fault, tailoring your approach whether you were the turning driver or not, and being mindful of what you say – all combine to build a compelling case. In many situations, a skilled car accident attorney will be the difference-maker in winning your case. Your lawyer will conduct a thorough investigation, secure necessary evidence, and craft a legal argument that clearly establishes the other driver’s liability. They will also handle negotiations with insurance companies, who are often quick to challenge claims and assign blame, ensuring that your side of the story is backed by facts and presented effectively.
The Adley Law Firm has extensive experience helping Houston accident victims prevail in complex car accident cases, including difficult left-turn collisions. Our team knows the common tactics insurance companies use and how to counter them with evidence and Texas law. We have decades of experience and have recovered millions in compensation for our clients, giving us the insight needed to navigate the legal system on your behalf. From investigating the crash and collecting proof, to negotiating with insurers and, if necessary, fighting for you in court, we handle every aspect of the case so you can focus on healing.
Don’t leave the outcome of your left-turn accident case to chance. By taking the proper steps and getting qualified legal support, you can level the playing field and greatly increase your chances of a favorable result – whether that’s a fair settlement or a courtroom victory. If you or a loved one has been involved in a left-turn accident in Houston, reach out to the Adley Law Firm for a free consultation. We’ll assess your situation, explain your options, and work tirelessly to help you win your left-turn accident case.
