Hit by a Speeding Car While Turning in Ohio: Fault, the Right of Way, and an Accusation You Did It on Purpose

Attorney Answer

A driver turning left must yield to oncoming traffic that is close enough to be an immediate hazard. But the right of way is the right to proceed in a lawful manner, and a driver who is speeding can lose that preference. Fault is then divided between the drivers. The accusation that you turned on purpose is a separate and more serious matter: talk to a lawyer before you say anything more about the crash to any insurer.

The turning driver's duty. If you were turning left, Ohio Rev. Code § 4511.42(A):

(A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.

What the right of way is. Ohio Rev. Code § 4511.01(UU):

(UU) "Right-of-way" means either of the following, as the context requires:

(1) The right of a vehicle, streetcar, trackless trolley, or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle, streetcar, trackless trolley, or pedestrian approaching from a different direction into its or the individual's path;

The Supreme Court of Ohio applied that idea in Deming v. Osinski, 24 Ohio St.2d 179, 265 N.E.2d 554 (1970): a vehicle that is not proceeding lawfully, but in violation of a law, loses its preferential status, and the drivers' duties are then weighed against each other. In that case the turning driver lost, because nothing showed the oncoming driver was breaking the law. So the speed has to be shown, not just said.

Speed and the split of fault. Ohio's speed rule is Ohio Rev. Code § 4511.21(A):

(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.

Fault is compared under Ohio Rev. Code § 2315.33:

The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. The court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff as determined pursuant to section 2315.34 of the Revised Code.

Even when the other car was speeding, the turning driver usually carries some share. How much depends on how fast it was going, how close it was when you began the turn, and what you could see.

The accusation. Whether a crash was deliberate is a different question from who was at fault, and the fault rules above apply either way. But an accusation like this can carry consequences beyond the claim. Do not argue it with the other side, and do not give an insurer a further recorded statement about how the crash happened until you have talked with a lawyer.

What you can do

1. Talk to a lawyer before any further statement to an insurer about the crash.

2. Gather evidence of the other car's speed: photos of where the cars ended up and the damage, the police report, witnesses, and any nearby video. Ask about video quickly, before it is recorded over.

3. Keep your medical and repair records.

4. Pursue your claim against the other driver within the deadline.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for injury or damage from the crash must be filed within two years under Ohio Rev. Code § 2305.10(A).