Since 1974, Kentucky motorists have been able to make a right turn at a red light. This has helped people get to wherever they are going faster, as they no longer have to wait for a red traffic light to turn green before making a right turn. However, the introduction of the right-turn-on-red law has led to an increase in intersection accidents on Kentucky roadways. Drivers sometimes don’t bother to look before turning, while others fail to yield when someone is in the process of making a right turn at a red light. Determining fault in a collision at a traffic intersection can often turn on a number of different factors.
What is the law on right-turn-on-red?
Drivers in Kentucky are permitted to make a right turn at a red light under a number of circumstances. First, the intersection must not have a “no turn on red” sign. If there is this kind of sign, then no turns are permitted at this intersection except when the light is green regardless of any other factors.
Even if there is no such sign, the second requirement is that the motorist must come to a complete stop at the intersection if there is a red light. In other words, you cannot just glide into the right turn like you would if there was a green light or green arrow indicating that you have the right of way at the intersection.
After coming to a stop, you must first check to make sure there is no oncoming traffic, either from your left hand side or from people who are making left turns from the oncoming lane. It can often happen that you come to an intersection where you want to go right and those making left turns have received a green arrow while your lane is still controlled by a red light. Once you can see that there is no traffic, you may proceed with the right turn on red.
Kentucky does have one interesting aspect to its right-turn-on-red law. If you are traveling on a one-way street that intersects with another one-way street that is left bound, you can make a left turn on red at this intersection, provided there is no posted sign prohibiting this and you follow all of the other requirements.
Who is at fault in an accident?
You might think that the person making the right turn is always at fault in these situations, but that is not the case. In this type of situation, a great deal will depend upon the specific facts of the traffic accident.
There are a number of situations where the person making the right turn is most likely to be found at fault. For example, if you make the turn where the sign says it is prohibited, you will probably be held responsible. Similarly, this will be the case if you don’t come to a full stop, make the turn too quickly, fail to use your turn signal, or do not adequately check for oncoming vehicles.
Still, there are situations where the other driver may be found liable. If the person runs a red light striking the vehicle making the turn or is using excessive speed, then the oncoming driver will be at fault. In addition, cases of distracted driving involving phone calls, texts, or eating, or changing lanes in the intersection can also result in the oncoming driver being held liable for the collision.
Kentucky requires the use of headlights on vehicles when driving at night or when there is dense fog. The headlights will not only provide you with improved visibility, but will also alert other motorists to your presence. If one of the vehicles involved in a right-turn-on-red accident did not have its headlights illuminated when required by Kentucky law, the driver of that vehicle will probably be liable for the accident.
If you are involved in a right-turn-on-red accident, call our firm today
The experienced accident attorneys at the Dickman Law Office can assist you with your claims for injuries and damages you may have incurred in a right-turn-on-red accident. Call us today so we can assist you with your case.
Posted in: Car Accidents