Who is at fault in a left-turn intersection accident in Louisiana?

The left-turning vehicle is presumed to be at fault under Louisiana traffic law because it bears the duty to yield to oncoming traffic before turning. That presumption can be rebutted with evidence that the oncoming driver was speeding beyond what the turning driver could reasonably anticipate, or that the oncoming driver entered the intersection on a red light. Under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109376), fault is apportioned as a percentage. A turning driver found 70% at fault recovers nothing under Louisiana's 51% bar. A turning driver found 40% at fault recovers 60% of damages.

What if the traffic light was malfunctioning when my crash happened?

A malfunctioning signal creates a special fault analysis. When a light is dark or stuck, Louisiana law treats the intersection as a four-way stop. All drivers must stop and yield in order of arrival. If the malfunction was reported to the transportation authority before your crash and not addressed, the government body responsible for signal maintenance may share liability. Documenting the malfunction through 911 records, municipal maintenance logs, and witness accounts is essential. An attorney can subpoena signal maintenance records and outage reports.

How long do I have to file an intersection accident lawsuit in Louisiana?

Two years from the date of the injury under [La. C.C. Art. 3493.11](https://legis.la.gov/legis/Law.aspx?d=1092220), effective July 1, 2024. The old one-year prescriptive period was replaced by this statute. If your crash occurred before July 1, 2024, the one-year period may apply. If anyone quotes you a one-year deadline for a crash after that date, verify the law they are citing.

Can I recover damages if I was partly at fault for the intersection crash?

Yes, if your fault is 50% or less. Louisiana's comparative fault rule under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109376) reduces your recovery by your percentage of fault. If you are 20% at fault on a $100,000 case, you receive $80,000. If you are 51% or more at fault, you recover nothing. The at-fault driver's insurer will try to push your fault percentage as high as possible to reduce or eliminate the claim. How your attorney documents and defends your fault percentage directly affects your outcome.

What evidence is most important in an intersection collision case?

Traffic camera and dashcam footage is the most decisive evidence when it exists. It is also the evidence most at risk of being destroyed. Cameras overwrite recordings within 24 to 72 hours. After footage, police reports with citations and diagrams are critical, followed by witness statements collected close in time to the crash, vehicle event data recorder data showing pre-impact speed and braking, and cell phone records establishing whether the at-fault driver was distracted. Medical records documenting injuries on the day of the crash round out the core evidence.

Does Louisiana require uninsured motorist coverage for intersection accidents?

Louisiana insurers are required to offer UM/UIM coverage under [La. R.S. 22:1295](https://legis.la.gov/legis/Law.aspx?d=508161). It is included in your policy unless you rejected it in writing. If the at-fault driver has no insurance or minimum coverage of $15,000 and your damages exceed that amount, your UM/UIM coverage pays the balance up to your policy limit. Many people do not discover they have this coverage until they consult an attorney. Review your declarations page or ask your insurance agent whether UM/UIM is on your policy.

What should I do if the other driver denies running the red light?

Get your attorney to move immediately on evidence preservation. Traffic camera footage from the intersection itself, from red-light enforcement cameras, and from adjacent business security cameras may resolve the dispute. If no footage exists, vehicle damage patterns, post-impact vehicle positions, and skid mark analysis can support or contradict each driver's account. Witness statements gathered close in time to the crash carry significant weight. If an accident reconstructionist is retained, they can assess whether the physical evidence is consistent with one account and inconsistent with the other.

What are the right-of-way rules at intersections in Louisiana?

Louisiana traffic statutes under La. R.S. Title 32 establish specific right-of-way rules. At a controlled intersection, drivers must obey signal indications. A green light grants the right of way subject to clearing existing traffic. At a four-way stop, the vehicle that arrived first proceeds first. When two vehicles arrive simultaneously, the vehicle on the right has priority. Left-turning vehicles must yield to oncoming traffic proceeding straight. Drivers entering a highway from a private road or driveway must yield to all highway traffic. Violation of these rules is a primary basis for fault findings in intersection accident cases.

How does a contingency fee arrangement work for an intersection accident case?

A contingency fee arrangement means you pay nothing to retain an attorney and nothing for their representation unless the case results in a recovery. The attorney's fee is a percentage of the recovery, established in a written agreement at the outset. Standard contingency fees in Louisiana personal injury cases range from 33% to 40% depending on whether the case settles or goes to trial. If the case produces no recovery, you owe no attorney fees. You may owe certain case costs depending on your agreement, so confirm the terms in writing before signing.

Content Outline

Intersection crashes are not random. They follow predictable patterns: a driver runs a red light, someone misjudges a left turn, a distracted driver fails to stop in time. No one reads lawyer websites for fun. Something happened, and now you need to understand what the law says and whether you have a case.

This page explains how intersection accident claims work in Louisiana, what the 2024-2026 law changes mean for your recovery, and what to ask any attorney you are considering. Morris & Dewett has handled these cases across Louisiana for 25 years. Take your time. Do your research. Reach out when you're ready.

Types of Intersection Collisions

T-bone crashes, rear-end collisions, left-turn impacts, and pedestrian strikes each follow different fault patterns and produce different injuries. The type of crash shapes which evidence matters and how liability is distributed.

T-bone crashes, also called side-impact or broadside collisions, are among the most severe. A vehicle strikes the side door of another. Car doors provide almost no structural protection compared to the front or rear. These crashes commonly happen when a driver runs a red light or stop sign and plows into crossing traffic. If you were the vehicle that was struck on the side, your injuries are likely worse than a typical front-or-rear collision.

Left-turn collisions are among the most disputed. A driver turning left is generally required to yield to oncoming traffic. When that driver misjudges the speed of an oncoming vehicle, the result is a direct impact. The turning driver often argues the other vehicle was speeding. The oncoming driver argues the turner had no right to proceed. Both claims feed into Louisiana's Comparative Fault analysis.

Rear-end collisions at intersections happen when a following driver fails to stop in time for a vehicle waiting at a signal or stop sign. Head-on crashes at intersections are less common but tend to be catastrophic when they occur. Sideswipe collisions result from lane-change errors near intersection approaches. Pedestrians and cyclists are also vulnerable. Drivers turning right or left often fail to check for crosswalk traffic before proceeding. The full range of Louisiana automobile injury claims can arise from a single intersection, including motorcycle accidents and pedestrian accidents.

Multi-vehicle pile-ups follow a predictable pattern: an initial intersection impact sends vehicles into adjacent lanes, triggering secondary collisions. These cases involve multiple insurance policies and often multiple fault assignments.

The type of crash determines the critical evidence. Ask any attorney you consult how they approach evidence preservation for the specific crash type you experienced. A T-bone case requires immediate access to dashcam and intersection camera footage. A left-turn dispute requires an accident reconstructionist. The answer tells you whether they have handled these cases before.

What Causes Most Intersection Crashes in Louisiana?

The Federal Highway Administration estimates that approximately one in three fatal car crashes in the United States involves an intersection. The causes are almost always human.

Traffic signal violations are the leading cause of T-bone crashes. A driver runs a red light and strikes a vehicle that had the right of way. Stop sign violations follow the same logic. The driver who violated the signal is almost always found primarily at fault.

Failure to yield the right of way is the dominant cause of left-turn accidents. Louisiana traffic statutes under La. R.S. Title 32 are specific: a left-turning vehicle must yield to oncoming traffic unless the way is clear. At four-way stops, the vehicle that arrived first has the right of way. Where two vehicles arrive simultaneously, the vehicle on the right has priority. These rules sound simple. Disputes arise when one driver claims the other arrived later, or sped up to claim the intersection.

Distracted driving is pervasive at intersections. Drivers look at phones while waiting for signals to change, then glance up and proceed without checking for crossing traffic. In-vehicle displays and voice controls create the same inattention problem.

Impaired drivers are less responsive to changing traffic control. They react slower to signal changes, misjudge gaps in traffic, and drift into intersections before it is their turn. Louisiana data indicates impairment is a factor in approximately 30% of fatal crashes statewide.

Speeding compresses reaction time. A driver approaching at 45 mph in a 35 mph zone reaches the intersection faster than crossing traffic expects. The severity of impact increases with the square of speed.

Obstructed sight lines create conditions where a driver cannot see cross traffic until it is too late. Overgrown vegetation at corners, large parked vehicles blocking sight angles, and inadequate lighting at unlit intersections all contribute. When the obstruction is on public property, there may be a government liability claim in addition to a claim against the at-fault driver.

Malfunctioning traffic controls are a separate category. A broken or dark signal creates ambiguity about right of way. When a signal malfunction was known to the relevant transportation authority and not addressed, that agency may share liability.

Ask any attorney you consult whether they investigate the traffic signal maintenance history. Municipal signal outage reports, 311 maintenance requests, and prior accident data at the same intersection can reveal whether the government was on notice. Many attorneys do not pursue government liability claims even when they exist. That is a case value issue.

How Is Fault Determined After an Intersection Crash?

Fault in intersection crashes is rarely decided by one piece of evidence. It is built from multiple sources, and the strength of your case depends on how much of that evidence survives the days immediately after the crash.

The police report is the first document your attorney will request. It includes the officer's diagram of the crash scene, witness names, citations issued (a citation for running a red light is powerful supporting evidence), and the officer's assessment of cause. It is not dispositive, but it is the foundation.

Traffic camera footage is critical. Intersections in Louisiana cities are increasingly covered by municipal traffic cameras, red-light enforcement cameras, and private security systems from adjacent businesses. This footage is routinely overwritten within 24 to 72 hours unless preservation is requested. Ask any attorney you consult whether they act immediately on camera preservation. If they wait a week to send a preservation demand, the footage is likely gone.

Vehicle event data recorders capture the final seconds before impact: speed, braking force, steering input, and seatbelt status. Accessing this data requires knowing how to get it before the vehicle is repaired or junked. Dashcam footage from your vehicle or other vehicles at the scene can also be decisive.

Cell phone records establish whether the at-fault driver was on the phone at the time of impact. Subpoenaing those records requires moving quickly. Carriers retain call and data usage records for varying periods.

Witness statements carry weight because they come from disinterested parties. Getting names and contact information at the scene, before witnesses leave, matters. If you were injured and unable to do so, police reports sometimes capture witnesses. The sooner an investigator contacts those witnesses, the more detailed and reliable their accounts will be.

Accident reconstruction experts translate the physical evidence into a coherent account of what happened. They analyze crush patterns, skid mark length and direction, sight lines from each vehicle's position, and post-impact vehicle trajectory. In disputed cases where both drivers claim the other had the light, a reconstructionist's analysis often determines which account is plausible.

Louisiana's right-of-way rules under La. R.S. Title 32 create a legal framework for evaluating fault. When a driver violated a specific statutory rule and that violation caused the crash, the legal analysis is clearer. The more disputed question is usually what percentage of fault each party bears.

Insurance adjusters from the at-fault driver's carrier will call you quickly. Often within 24 hours. They want a recorded statement. That statement will be used to establish facts favorable to their insured and unfavorable to your claim. Do not give a recorded statement without an attorney. Ask any attorney you are considering how they handle early adjuster contact. A competent attorney sends a representation letter that stops direct adjuster contact before you say something that damages your case.

Louisiana Law on Intersection Accidents

Louisiana updated its personal injury laws significantly between 2024 and 2026. These changes affect the value of intersection accident claims and how they are handled.

Comparative fault is the foundational rule. Under La. C.C. Art. 2323, effective January 1, 2026, if you are 51% or more at fault for the intersection crash, you recover nothing. The old threshold was 50%. If you are 50% or less at fault, your damages are reduced by your fault percentage. A 30% fault finding on a $100,000 case leaves you with $70,000.

Insurance adjusters know this threshold exists. Their strategy in intersection cases often involves arguing that you were distracted, had time to avoid the crash, or share fault for proceeding when the intersection was not clear. Your fault percentage becomes their primary lever. Ask any attorney you are considering whether they have a specific strategy for challenging comparative fault assignments. Morris & Dewett works with accident reconstructionists from the outset on disputed-fault cases. We establish the physical evidence before the adjuster's narrative takes hold.

The Prescriptive Period for personal injury claims in Louisiana is two years from the date of injury under La. C.C. Art. 3493.11, effective July 1, 2024. If someone tells you the deadline is one year, that is the old law. One year applied before July 1, 2024. Any attorney quoting one year is working from outdated information.

Louisiana's direct action statute, La. R.S. 22:1269, allows injured parties to sue the at-fault driver's insurance company directly. You do not have to wait for a judgment against the driver before pursuing the insurer.

UM/UIM coverage under La. R.S. 22:1295 is required by Louisiana insurers unless you rejected it in writing. If the at-fault driver has minimum liability coverage of $15,000 and your injuries exceed that, your own UM/UIM policy covers the gap. Many intersection accident victims do not realize this option exists until they talk to an attorney.

When an intersection crash causes a death, Louisiana allows both survival and wrongful death claims. A Survival Action under La. C.C. Art. 2315.1 recovers damages the victim suffered before death. A Wrongful Death Action under La. C.C. Art. 2315.2 compensates surviving family members. See our wrongful death claims page for details on who can file and what damages apply.

Injuries Common in Intersection Collisions

T-bone crashes produce the most severe injuries because the side door offers minimal structural protection against direct lateral force. Traumatic brain injury, spinal damage, and broken bones are the injuries most commonly documented after intersection collisions in Louisiana.

Traumatic brain injury occurs when the head strikes a side window, the steering wheel, a door frame, or the roof during rollover. Even airbag deployment can cause concussion. Brain injuries range from mild concussion to severe diffuse axonal injury. Symptoms are not always immediate. Headaches, cognitive slowing, and mood changes that appear days later may be connected to the crash.

Spinal cord injuries and herniated discs follow from the lateral forces of a T-bone or the frontal compression of a head-on impact. Disc herniation in the cervical or lumbar spine can cause chronic pain, radiating nerve symptoms, and, in severe cases, partial paralysis. Treatment often involves multiple procedures and extended physical therapy. The cost of spinal treatment is frequently the largest component of intersection accident claims.

Broken bones occur at predictable locations: arms raised defensively before impact, ribs compressed by seatbelts, clavicles stressed by shoulder harnesses, and pelvic fractures in high-force crashes. Healing times vary from weeks to months, and some fractures produce permanent functional limitations.

Soft tissue injuries, including whiplash, ligament tears, and muscle tears, often have delayed onset. You may feel adequate immediately after the crash, then become significantly symptomatic 24 to 72 hours later. Insurance adjusters treat delayed-onset injuries with skepticism. Your medical evaluation on the day of the crash, even if nothing is found, documents that you sought care. Your follow-up evaluation when symptoms emerge documents the injury progression.

Internal organ damage from steering column or seatbelt pressure can be missed without imaging. Abdominal tenderness after an intersection crash warrants evaluation.

Psychological injury following severe crashes, particularly crashes involving fatality or significant trauma, is real and compensable. Post-traumatic stress, anxiety driving near intersections, and disrupted sleep are recognized conditions. They require documentation and treatment.

Ask any attorney you consult how they document soft tissue and psychological injuries. These are the categories insurers contest most often. An attorney who relies solely on initial emergency records will miss the delayed-onset documentation that establishes the full injury picture. Morris & Dewett coordinates with treating physicians to ensure injury progression is recorded from first evaluation through maximum medical improvement.

For catastrophic injuries, see our catastrophic injury lawyers page.

What Compensation Does Louisiana Law Allow After an Intersection Crash?

Louisiana law allows recovery for both economic and non-economic losses. The total depends on your injuries, the evidence, and how fault is assigned.

Medical expenses include all past and future treatment costs: emergency care, hospital stays, surgery, imaging, physical therapy, and ongoing pain management. Future medical expenses require expert testimony from treating physicians or medical economists to establish likely costs over your expected need for treatment.

Lost wages cover income you could not earn during recovery. Loss of Earning Capacity applies when the injury limits your ability to earn at your prior level going forward. This is a separate, larger category than lost wages and requires vocational and economic expert testimony to establish.

Pain and suffering damages compensate for the physical and emotional impact of your injury. Louisiana does not cap general damages for most intersection accident claims. The amount depends on the severity, duration, and permanence of the harm. Recent tort reform changes made to certain damages categories in 2024 and 2025 may apply depending on the date of your crash.

Property damage covers repair or replacement of your vehicle and any other personal property destroyed in the crash.

Loss of Consortium is a separate claim available to qualifying family members when your injury affects their relationship with you.

If you bear partial fault, your damages are reduced by your fault percentage. A $200,000 recovery at 20% fault yields $160,000. This is why comparative fault disputes are so consequential. An attorney who increases your fault from 20% to 30% costs you 10% of your total recovery. An attorney who reduces it from 40% to 20% earns you 20%.

What to Do After an Intersection Accident in Louisiana

What you do in the first hours after an intersection crash affects your legal position. These steps matter.

Stay at the scene. Leaving before police arrive can be treated as a hit-and-run regardless of fault. Moving vehicles before the officer arrives changes the physical evidence. If vehicles must be moved for safety, document their positions with photographs first.

Call 911. Even for crashes that seem minor, a police report creates an official record of the event, the parties involved, and the conditions at the scene. Emergency medical response documents your injuries.

Photograph everything. Vehicle positions before they are moved. The traffic signal showing what it displays. Skid marks. Road conditions. Sight lines from each vehicle's approach. Your injuries. The other driver's license, registration, and insurance card. Any visible damage to both vehicles.

Get witness contact information immediately. Witnesses leave. Their recollection fades. A name and phone number collected at the scene is worth far more than a request sent through the police report a week later.

Seek medical evaluation the same day, even if you feel intact. Many intersection crash injuries have delayed onset. Establishing a medical record on the day of the crash documents that you sought care. If symptoms emerge later, that record supports your account of the injury progression.

Do not give a recorded statement to the other driver's insurer without an attorney. That insurer's adjuster will contact you quickly. Their job is to settle the claim for the least amount possible. A recorded statement is a tool they use to establish facts favorable to their insured. Politely decline until you have spoken with an attorney.

Preserve your dashcam footage immediately. If you have a dashcam, do not let the device overwrite the recording. Save it to a separate drive. Request traffic camera footage and business security footage from the intersection and nearby properties. This must happen within 24 to 72 hours in most cases.

The Contingency Fee arrangement means consulting an attorney costs you nothing upfront. Morris & Dewett does not charge for initial consultations and takes intersection accident cases on contingency. Our fee comes from the recovery. If there is no recovery, there is no fee.

Frequently Asked Questions

Who is at fault in a left-turn intersection accident in Louisiana?: The left-turning vehicle is presumed to be at fault under Louisiana traffic law because it bears the duty to yield to oncoming traffic before turning. That presumption can be rebutted with evidence that the oncoming driver was speeding beyond what the turning driver could reasonably anticipate, or that the oncoming driver entered the intersection on a red light. Under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109376), fault is apportioned as a percentage. A turning driver found 70% at fault recovers nothing under Louisiana's 51% bar. A turning driver found 40% at fault recovers 60% of damages.
What if the traffic light was malfunctioning when my crash happened?: A malfunctioning signal creates a special fault analysis. When a light is dark or stuck, Louisiana law treats the intersection as a four-way stop. All drivers must stop and yield in order of arrival. If the malfunction was reported to the transportation authority before your crash and not addressed, the government body responsible for signal maintenance may share liability. Documenting the malfunction through 911 records, municipal maintenance logs, and witness accounts is essential. An attorney can subpoena signal maintenance records and outage reports.
How long do I have to file an intersection accident lawsuit in Louisiana?: Two years from the date of the injury under [La. C.C. Art. 3493.11](https://legis.la.gov/legis/Law.aspx?d=1092220), effective July 1, 2024. The old one-year prescriptive period was replaced by this statute. If your crash occurred before July 1, 2024, the one-year period may apply. If anyone quotes you a one-year deadline for a crash after that date, verify the law they are citing.
Can I recover damages if I was partly at fault for the intersection crash?: Yes, if your fault is 50% or less. Louisiana's comparative fault rule under [La. C.C. Art. 2323](https://legis.la.gov/legis/Law.aspx?d=109376) reduces your recovery by your percentage of fault. If you are 20% at fault on a $100,000 case, you receive $80,000. If you are 51% or more at fault, you recover nothing. The at-fault driver's insurer will try to push your fault percentage as high as possible to reduce or eliminate the claim. How your attorney documents and defends your fault percentage directly affects your outcome.
What evidence is most important in an intersection collision case?: Traffic camera and dashcam footage is the most decisive evidence when it exists. It is also the evidence most at risk of being destroyed. Cameras overwrite recordings within 24 to 72 hours. After footage, police reports with citations and diagrams are critical, followed by witness statements collected close in time to the crash, vehicle event data recorder data showing pre-impact speed and braking, and cell phone records establishing whether the at-fault driver was distracted. Medical records documenting injuries on the day of the crash round out the core evidence.
Does Louisiana require uninsured motorist coverage for intersection accidents?: Louisiana insurers are required to offer UM/UIM coverage under [La. R.S. 22:1295](https://legis.la.gov/legis/Law.aspx?d=508161). It is included in your policy unless you rejected it in writing. If the at-fault driver has no insurance or minimum coverage of $15,000 and your damages exceed that amount, your UM/UIM coverage pays the balance up to your policy limit. Many people do not discover they have this coverage until they consult an attorney. Review your declarations page or ask your insurance agent whether UM/UIM is on your policy.
What should I do if the other driver denies running the red light?: Get your attorney to move immediately on evidence preservation. Traffic camera footage from the intersection itself, from red-light enforcement cameras, and from adjacent business security cameras may resolve the dispute. If no footage exists, vehicle damage patterns, post-impact vehicle positions, and skid mark analysis can support or contradict each driver's account. Witness statements gathered close in time to the crash carry significant weight. If an accident reconstructionist is retained, they can assess whether the physical evidence is consistent with one account and inconsistent with the other.
What are the right-of-way rules at intersections in Louisiana?: Louisiana traffic statutes under La. R.S. Title 32 establish specific right-of-way rules. At a controlled intersection, drivers must obey signal indications. A green light grants the right of way subject to clearing existing traffic. At a four-way stop, the vehicle that arrived first proceeds first. When two vehicles arrive simultaneously, the vehicle on the right has priority. Left-turning vehicles must yield to oncoming traffic proceeding straight. Drivers entering a highway from a private road or driveway must yield to all highway traffic. Violation of these rules is a primary basis for fault findings in intersection accident cases.
How does a contingency fee arrangement work for an intersection accident case?: A contingency fee arrangement means you pay nothing to retain an attorney and nothing for their representation unless the case results in a recovery. The attorney's fee is a percentage of the recovery, established in a written agreement at the outset. Standard contingency fees in Louisiana personal injury cases range from 33% to 40% depending on whether the case settles or goes to trial. If the case produces no recovery, you owe no attorney fees. You may owe certain case costs depending on your agreement, so confirm the terms in writing before signing.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.