PASSING ON THE LEFT IN LOUISIANA

            Who is at fault when one driver is passing another on the left?  That depends on the specific facts of that case.  Passing on the left is considered a dangerous maneuver, and a driver of a passing vehicle is held to a higher degree of care. The left turning driver and overtaking driver collisions represent the classic comparative fault scenario.  In the case of a crash between the two, the law imposes a duty on both drivers.  The driver turning left must use their turn signal and not turn until it has been determined it is safe to do so.

            Facts needed when a left turning driver collides with a driver passing them on the left

            Imagine a driver slowing down to make a left turn and at the same time another driver is attempting to pass the “slow moving” car in front of them.  The two collide.  Who is at fault?  That is very fact specific.  Facts needed:

1. Did the lead vehicle have working brake lights and turn signals?
2. The following vehicle, how far back was it?
3. Did the lead vehicle put their blinker on to indicate a left turn?
4. How many cars was the following vehicle trying to pass?
5. Was the following vehicle completely in the oncoming lane of traffic?
6. Did the following vehicle blow its horn?

Conclusion:

            Proving fault in such cases can be complicated and it is fact driven. Often, stories do not match and there is some confusion of fact.  Each case is fact intensive and must be properly evaluated.  Documentation is key in such cases.  When possible, taking photos at the scene are extremely important because it can show the point of impact based on where the debris falls on the road.  Having a skilled attorney working with you is necessary to explain the law, its complexities, and help to maximize your recovery. If you have questions, we are here to help you. Let us maximize your recovery.