Left-turn accidents are among the most common types of motor vehicle collisions in Canada. While many may assume that fault is automatically wholly assigned to the left-turning driver, the truth is more nuanced and depends on the circumstances surrounding the accident.

This article will walk you through the general rules of left-turn fault, the specific approaches of the Atlantic provinces, instances where the driver turning left may not be at fault, and best practices when turning left.

Understanding the Basic Rules of Left-Turn Fault

In Canada, fault for left-turn accidents is generally assigned to the person who was making the left turn. This is governed through a combination of statutory provisions and common law principles. Together, these impose a significant duty of care on the left-turning driver.

Simply put, this means that left-turning drivers have a legal obligation to act the way a reasonable person would, taking reasonable care to avoid acts that could cause foreseeable harm to others.

Responsibilities and duties of the driver turning left include:

  • Ensuring that the turn can be made with reasonable safety;
  • Yielding the right of way to any vehicle approaching close enough to constitute an immediate hazard;
  • Signaling prior to making the turn; and
  • Proceeding with great caution if visibility of part of the intersection or lane of oncoming traffic is obstructed, confirming that vehicles in the obscured lane can still be seen.

While waiting to turn left at an intersection, a driver may encounter another driver in the oncoming lane of traffic that pauses before the intersection and indicates their permission for the left-turning vehicle to cross over. Despite the popularity of this driving etiquette, it is ill-advised.

The duty of ensuring that the left-turn can be made safely cannot be passed on to other drivers. Even if a driver in the oncoming lane of traffic waves, motions, flashes their headlights, or provides any other signal instructing the left-turning driver to “go ahead”, liability will not be pushed to the oncoming driver in the event of an accident – nor is it lessened for the driver turning left.

Do not take another vehicle’s assessment of your ability to turn left as fact. Once you begin operating a vehicle, it is your responsibility alone to determine the safety of initiating a left-turn. Choosing to turn left at the behest of another driver is always at your own risk.

Provincial Approaches to Fault in Atlantic Canada

Automobile insurance fault determination regulations dictate how motor vehicle insurers assess fault in collisions. These regulations cover a wide range of scenarios and identify how much fault should be apportioned. Fault regulations for each of the Atlantic provinces can be found through the links below:

What Impacts How Fault is Determined in Canada?

In motor vehicle collisions, fault is generally determined using a combination of provincial laws, insurance regulations, and evidence gathered at the scene. Factors that impact fault assessments include:

  • Violations of Traffic Regulations: Disobeying traffic signals, speeding, or making illegal turns are strong indicators of fault.
  • Right-of-Way Rules: Left-turning vehicles must yield to oncoming traffic, but fault may become shared or flipped if the oncoming driver broke the law.
  • Contributory Negligence: In the Atlantic provinces, courts can assign partial fault to both drivers if their behaviour was negligent.
  • Insurance Fault Charts: In some provinces, such as Ontario, insurance companies use a set of rules and factors to designate percentage of fault.
  • Quality and Quantity of Evidence: Dashcam footage, photographs, police reports, and witness statements are essential in getting a comprehensive and accurate portrait of the accident, and can significantly influence fault determinations.
  • Road and Weather Conditions: If visibility was limited or the roads were slick, these may mitigate a driver’s liability.

Contributory negligence refers to situations where both drivers involved in a collision share some degree of fault, as they were both partially responsible for the accident. Drivers are contributorily negligent if they fail to demonstrate care for their own safety.

The oncoming driver may have been contributorily negligent in a left-turn accident if they were…

  • Excessively speeding;
  • Running a red or yellow light;
  • Driving while distracted;
  • Driving while under the influence;
  • Overtaking another car illegally;
  • Driving aggressively; or
  • Not using their headlights in poor visibility.

Best Practices and Key Takeaways

The safest bet is to always do the following:

  • Wait until the intersection is fully clear before turning left;
  • Use your signal light and double-check all lanes and blindspots;
  • Avoid making judgement calls hastily or while visibility is poor;
  • Install a dash-cam to help capture real-time evidence;
  • Report any accident to your insurer; and
  • If needed, seek legal advice promptly.

In Nova Scotia, Newfoundland, Prince Edward Island, and New Brunswick, there is generally a two year time-limit on initiating a legal claim for damages. Make sure that you do not delay if you hope to pursue compensation! Many personal injury firms offer free consultations which can help answer any questions that you may have.

While it is true that left-turning drivers carry a higher duty of care, liability can be shared or even majorly placed on the oncoming driver, depending on their behaviour. It is essential that you both understand the laws specific to the province where the accident took place, and that you document and keep detailed records following the collision. This can significantly influence the outcome of your case.

If you have any concerns, an experienced personal injury lawyer should be contacted early in the process. The team of lawyers at NOVA Injury Law are well equipped to guide you through this stressful time. To learn more or to schedule a free consultation regarding an insurance claim, contact NOVA Injury Law at (782) 824-5197 or info@novainjurylaw.com.