Left-Turn Accidents in Oregon: When the Turning Driver Is Not Automatically at Fault
Left-Turn Accidents in Oregon: When the Turning Driver Is Not Automatically at Fault
Left-turn crashes are some of the most stressful and disputed collisions on Oregon roads. The moment the impact happens, many drivers (and even some insurance adjusters) jump to the same conclusion: the driver turning left must be at fault. That assumption is common, but it is not automatic. Oregon law sets a high standard for left turns, yet it also requires every driver to obey traffic signals, travel at safe speeds, and keep a proper lookout. When the straight-through driver breaks those rules, fault can shift.
This guide explains the actual legal framework for left turns in Oregon, the key exceptions that can move liability to the through driver, and the evidence that makes those arguments work. It also covers Oregon-specific reporting rules, practical steps after a crash, and how comparative fault affects compensation.
Important note: This article is educational. It does not provide legal advice or guarantee outcomes for any specific case.
The Core Rule: Oregon’s Left-Turn Duty to Yield
Oregon law requires a driver making a left turn to yield the right-of-way to oncoming vehicles that are “within the intersection or so close as to constitute an immediate hazard.” The statute is Oregon Revised Statutes ORS 811.335, which spells out the legal duty for left turns. You can read the law directly here:
- ORS 811.335 — Failure to yield to oncoming vehicle when turning left: https://oregon.public.law/statutes/ors_811.335
This rule explains why the left-turn driver is often presumed responsible. The law expects you to judge speed, distance, and timing correctly, and to wait until it is safe to complete the turn without forcing the oncoming driver to brake or swerve.
Why the presumption exists (and why it’s not absolute)
The presumption is based on the idea that a turning driver creates the conflict by crossing the path of oncoming traffic. But right-of-way is not a license to drive negligently. Oregon law still requires the straight-through driver to:
- Obey traffic signals and signs.
- Drive at a lawful and safe speed.
- Maintain a proper lookout.
- Avoid collisions when reasonably possible.
When the through driver violates those duties, their negligence can become the primary cause of the collision.
Comparative Fault in Oregon: How Liability Is Shared
Oregon uses modified comparative fault under ORS 31.600. In simple terms, a judge or jury assigns a percentage of fault to each party. You can recover damages only if your share of fault is 50% or less. If you are 51% or more responsible, you are barred from recovery.
- ORS 31.600 — Contributory negligence: https://oregon.public.law/statutes/ors_31.600
This system is what makes left-turn cases contestable. If the evidence shows the through driver’s negligence was substantial, your percentage of fault can drop below 50%, allowing recovery even if you made a mistake.
When the Left-Turn Driver May Not Be at Fault
The turning driver is not automatically liable if the straight-through driver creates the hazard. Here are the most common, legally significant scenarios.
1) The straight-through driver was speeding
If the oncoming vehicle was traveling significantly above the speed limit, it can collapse the safe gap you reasonably relied upon. Oregon law expects drivers to anticipate normal, lawful speeds—not extreme violations.
Why this matters:
- A fast-approaching vehicle can look far away yet reach the intersection in seconds.
- Excessive speed reduces reaction time for both drivers.
- Speeding increases stopping distance, making a collision more likely even if you began turning when the path appeared clear.
Supportive sources on speed and crash risk:
- NHTSA — Speeding overview: https://www.nhtsa.gov/risky-driving/speeding
- IIHS — Speed and crash risk: https://www.iihs.org/topics/speed
2) The straight-through driver ran a red light
If you entered the intersection on a green (or even a yellow) signal and the oncoming driver entered on red, the through driver is often primarily responsible. The right-of-way does not belong to a driver who disobeys a red signal.
Useful references:
- Oregon Driver Manual (signals and right-of-way): https://www.oregon.gov/odot/dmv/pages/driverid/driver_manual.aspx
- FHWA — Signalized intersection safety: https://safety.fhwa.dot.gov/intersection/signalized/
3) The through driver was distracted or failed to keep a proper lookout
Even with the right-of-way, drivers must remain alert and avoid collisions when it is safe to do so. Distraction, impairment, or inattention can shift liability.
Additional context on distraction risk:
- NHTSA — Distracted driving: https://www.nhtsa.gov/risky-driving/distracted-driving
4) A protected left turn was in effect
When you have a green arrow, you have the protected right-of-way. If the oncoming driver enters against a red signal and strikes you, the fault commonly falls on them.
5) Visibility obstructions created a hidden hazard
Large vehicles, construction barriers, sun glare, or poorly maintained vegetation can block your view. If you proceed cautiously and the oncoming driver is speeding or otherwise negligent, a jury may find their actions the primary cause.
The “Immediate Hazard” Question: How Investigators Decide
Investigators and insurers focus on whether the oncoming vehicle was an immediate hazard at the moment you began your turn. That evaluation depends on:
- Distance and speed of the oncoming car.
- Traffic signal timing (green, yellow, or red at entry).
- Roadway design and visibility.
- Driver behavior (speeding, distraction, impairment).
For contested cases, this often requires accident reconstruction, which uses vehicle damage, skid marks, data recorders, and signal timing to recreate the moment of impact. These reconstructions can show that the oncoming driver’s conduct—not the turn itself—created the hazard.
Evidence That Can Shift Fault in Oregon Left-Turn Cases
Strong evidence is what turns a presumption into a fair liability analysis. Here are the most effective categories:
1) Video footage
- Dashcams (yours or another driver’s)
- City traffic cameras
- Business surveillance cameras
Video can establish signal phase, speed, and timing with far less ambiguity than witness statements.
2) Independent witnesses
Neutral witnesses can confirm:
- The other driver was speeding
- The light was red
- The other driver was distracted
3) Police report and citations
If the through driver is cited for speeding, running a red light, or distracted driving, that citation becomes a crucial indicator of negligence.
4) Scene measurements and vehicle damage
Skid marks, impact angles, and crush patterns help reconstruction experts calculate speed and timing with scientific precision.
Oregon-Specific Reporting Rules You Must Know
Oregon drivers have a legal duty to report certain crashes to the DMV within 72 hours. A police report does not replace this requirement.
- Oregon DMV crash reporting: https://www.oregon.gov/odot/dmv/pages/driverid/accidentreport.aspx
You must file a report if any of the following occurred:
- Injury or death
- Damage exceeding the statutory threshold
- Any vehicle towed from the scene
Failing to file can result in license consequences, which can complicate your claim.
Practical Steps After a Left-Turn Crash
Taking the right steps early protects both your health and your legal position.
- Call 911 and get medical attention. Many injuries are delayed, and medical records are key evidence.
- Photograph the scene. Capture vehicle positions, signals, skid marks, debris, and obstructions.
- Collect witness contact info. Independent witnesses are often decisive.
- Report to the DMV within 72 hours if required.
- Avoid recorded insurance statements until you understand your rights.
For more safety guidance and crash prevention resources in Oregon, see:
- ODOT Safety Division: https://www.oregon.gov/odot/safety/Pages/index.aspx
Frequently Asked Questions
Does a left-turn driver always lose in Oregon?
No. Oregon law presumes the turning driver must yield, but liability can shift if the through driver was speeding, ran a red light, or acted negligently.
What if the light was yellow?
Yellow-light cases are fact-intensive. The key question is when the through driver entered the intersection and whether a reasonable driver would have stopped. Signal timing data and reconstruction can be decisive.
Can I recover damages if I’m partly at fault?
Yes—as long as you are 50% or less at fault under ORS 31.600.
How long do I have to file a lawsuit in Oregon?
Oregon has a two-year statute of limitations for most personal injury claims. See ORS 12.110: https://oregon.public.law/statutes/ors_12.110
Key Takeaways
- Oregon law requires left-turn drivers to yield, but fault is not automatic.
- The straight-through driver can be primarily responsible if they speed, run red lights, or drive distracted.
- Oregon’s comparative fault system allows recovery if you are 50% or less at fault.
- Evidence—especially video, witnesses, and reconstruction—determines outcomes.
- Don’t forget Oregon’s 72-hour DMV reporting requirement.
If you want more Oregon-specific resources and driving safety references, the Oregon Driver Manual and ODOT safety materials provide clear guidance on traffic rules and safe intersection behavior.
