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Attorney Sanga Turnbull

Who’s at Fault in a Car Accident When a Driver Signals But Doesn’t Turn?

On Behalf of | Sep 3, 2020 | Car Accident

Car accidents can occur for a variety of reasons. One of them is when a driver signals but does not turn. Other motorists using turn signals improperly – or not using them altogether – is not only an annoyance, but it can also lead to a devastating auto accident.

Often, a driver who signals but does not turn and ends up causing a collision is fully or partially at fault for the accident. However, it can be difficult to establish fault in this scenario, which is why it is important to consult with an experienced car accident attorney.

Even if the other motorist did not turn after signaling their intention to do so, you could be partially at fault for the crash if your own negligence contributed to the auto accident.

How to Prove That a Driver Was Negligent When Failing to Turn After Signaling?

If the other driver used turn signals improperly, you are still required to prove that the motorist was negligent. In Florida, an injured plaintiff must establish four elements of negligence in order to recover damages from the at-fault party. The four elements of negligence in personal injury cases are:

  • The driver owed you a duty of care;
  • The duty was breached due to negligence;
  • The breach caused the car crash; and
  • The accident resulted in your damages and losses.

The above-mentioned four elements of negligence could apply in a car crash caused by a driver’s failure to turn after signaling:

  • Every motorist on the road owes others a duty to exercise reasonable harm and avoid causing them harm;
  • The driver breached the duty when their failure to use turn signals properly violated traffic laws;
  • The car accident occurred because the driver signaled but did not turn; and
  • You were injured in the car crash and suffered damages and losses because of the defendant’s negligence.

Fault in an Accident Caused by a Driver Who Signaled but Didn’t Turn

The challenging part is proving that the other motorist involved in the crash actually used a turn signal but failed to turn shortly before the accident occurred. If the driver does not admit to failing to use turn signals properly and there are no witnesses or video surveillance footage to prove it, you may have a hard time proving negligence.

For this reason, it is advised to consult with a skilled personal injury attorney to help you prove that the other driver was negligent and seek compensation on your behalf. Since Florida follows the doctrine of comparative fault, you may be deemed partially at fault for causing a car crash even if the other driver signaled but did not turn.

The traffic law requires drivers to wait until the vehicle that signaled its intention to make a turn finishes the maneuver. Failure to do so may cause you to drive into the path of the vehicle that had no intention of slowing down and turning.

If you are deemed partially to blame for the collision, your compensation would be reduced by the percentage of your fault. Schedule a consultation with our Lakeland car accident attorney at The Turnbull Firm to determine liability in your particular case. Call at 863-324-3500 today.