Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
Traffic Accidents
- Yaizu & Makinohara Attorneys Top
- Traffic Accidents
- Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
- I want to consult about a traffic accident in Yaizu/Makinohara
- I want to know about fault proportions in traffic accidents
- I was hit by a car turning right at an intersection
Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.
Comparative Negligence and Fault Proportions
When a traffic accident occurs, in order to fairly apportion the damages between the tortfeasor and the victim, the tortfeasor's liability for damages to the victim is reduced in proportion to the victim's own negligence. This is called comparative negligence (Article 722, Paragraph 2 of the Civil Code).
Comparative negligence is routinely applied in practice from the standpoint of fair apportionment of damages, which is the underlying principle of tort law.
In applying comparative negligence in traffic accidents, the proportion of fault attributable to the tortfeasor and the victim must be determined according to the circumstances of the accident.
The fault proportion affects all categories of damages, including consolation money, repair costs, and lost earnings, and a difference of just 10% can easily amount to several hundred thousand yen to over one million yen.
Therefore, an accurate determination of fault proportions is one of the most critical issues in resolving a traffic accident case.
Determination of Fault Proportions
In practice, fault proportions are determined based on criteria derived from court precedents that practitioners have accumulated over many years.
The standard used in practice is the "Criteria for Determining Comparative Negligence Rates in Civil Traffic Litigation," edited by the Tokyo District Court Civil Traffic Litigation Study Group, published as Hanrei Times Supplementary Volume No. 39.
Based on these criteria, the final fault proportions are determined by taking into account the specific circumstances of each individual accident.
Fault Proportions in Accident Cases Involving a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
(1) Fault proportions under the criteria in Hanrei Times Supplementary Volume No. 39
In the case of a traffic accident involving (i) an intersection without traffic signals and (ii) a through-going vehicle and an oncoming right-turning vehicle, according to Table [Ⅲ-17] in Hanrei Times Supplementary Volume No. 39, the fault proportions are 20% for the through-going vehicle and 80% for the right-turning vehicle.
(2) Factors considered in determining fault proportions
The following points are taken into consideration when determining the above fault proportions.
Article 37 of the Road Traffic Act provides that when a vehicle turns right at an intersection, it must not obstruct the progress of vehicles proceeding straight or turning left. Therefore, the right-turning vehicle must wait for the through-going vehicle to pass, and the right-turning vehicle is given lower priority.
On the other hand, the through-going vehicle also has a duty, within an intersection, to pay attention to vehicles coming from the opposite direction and turning right, and to proceed at a speed and in a manner that is as safe as possible (Article 36, Paragraph 4 of the Road Traffic Act). In the case in question, since the through-going vehicle can see oncoming vehicles in advance, it can be said that the driver has a duty to anticipate the possibility that an oncoming vehicle may turn right.
Therefore, the fact that a vehicle was going straight does not mean it bears no fault at all; the standard under Hanrei Times Supplementary Volume No. 39 holds that the through-going vehicle bears 20% fault.
(3) Modification factors for fault proportions
In practice, in addition to this basic proportion, the extent to which "modification factors" are reflected is a major issue. Examples of modification factors include the following.
- Speeding by the through-going vehicle
- Significantly premature or aggressive right turn by the right-turning vehicle
- Failure of the right-turning vehicle to notice oncoming traffic
- Road structure giving stronger priority to the through-going vehicle (e.g., multi-lane road)
Depending on how these "modification factors" are evaluated, the fault proportions may shift to Through-Going Vehicle 0 : Right-Turning Vehicle 100, or Through-Going Vehicle 10 : Right-Turning Vehicle 90. The key to success lies in how effectively modification factors can be argued.
Important Evidence in Right-Turn Accidents
In right-turn accidents, the way evidence is presented can significantly change the fault proportions. The following are particularly important.
- Dashcam footage (speed and timing of the right turn are immediately apparent)
- Investigation of signal cycles (evidence that the through-going vehicle entered on a green light)
- Structure of the intersection (e.g., layout that makes it easy for the right-turning vehicle to overlook oncoming traffic)
- Brake marks and collision position (whether the through-going vehicle could have avoided the collision)
- Police on-site investigation report
Dashcam footage, in particular, has the power to fundamentally overturn an insurance company's assessment, and serves as crucial evidence that can modify the fault attributed to the through-going vehicle.
Reasons to Consult a Lawyer for Right-Turn Accidents
In accidents between a through-going vehicle and a right-turning vehicle, the right-turning vehicle's duty of care is evaluated very heavily based on the fundamental principle of "through-traffic priority."
However, insurance companies very often claim that the through-going vehicle also bears some fault, making a thorough examination of modification factors essential. When the legal framework and evidence evaluation are properly conducted, it is not uncommon for the victim's fault to be revised downward.
Since fault proportions can often be reconsidered when appropriate arguments are made based on dashcam footage and signal cycles, please consult a lawyer as early as possible.
Frequently Asked Questions
If the right-turning vehicle aggressively cut in, will the through-going vehicle's fault be zero?
If the right-turning vehicle turned right directly in front of the through-going vehicle, there is a strong possibility that the through-going vehicle's fault will be deemed zero.
Is it disadvantageous if I proceeded on a yellow signal?
Your fault may be increased by 5 to 10%. However, there may be cases where a counterargument can be made based on the signal cycle.
Am I at a disadvantage if I don't have dashcam footage?
You are more likely to be at a disadvantage, but there are cases where a counterargument can be made using police records, on-site photographs, and other evidence.
Does the speed of the right-turning vehicle affect the fault proportions?
An aggressive or premature right turn is a factor that increases the right-turning vehicle's fault.
Can fault proportions change if contested in court?
Yes, they certainly can, as a judge will make the determination based on the evidence.
What changes when I retain a lawyer?
Through investigation of modification factors and submission of evidence, the fault proportions can sometimes be significantly improved.
The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge
Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.
We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.
Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.
Contact
If you are facing issues with traffic accidents, debt restructuring, or inheritance:You can consult a lawyer for free
At Yaizu General Law Office, free legal consultations are available for those facing traffic accidents, debt restructuring, or inheritance issues. There is no obligation to retain our services after a free consultation. For other areas of law, consultations are available at 5,500 yen (tax included) per 30 minutes. Please do not hesitate to contact us if you need assistance.
Reservation for Legal Consultation / Contact Us
Office
About Yaizu General Law Office
Yaizu Office
-
- Address
- 〒425-0028
3-11-4 Ekikita, Yaizu City,
Shizuoka Prefecture
-
- Phone
- 054-639-5573
-
- Business Hours
- Mon-Fri 9:00 AM - 7:00 PM Sat 9:00 AM - 5:00 PM / Closed: Sundays & Holidays
-
- Access
- 6-minute walk from Yaizu Station / Parking available
- Access
-
- Service Area
- Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas
Makinohara Office
-
- Address
- 〒421-0422
Maison de Hautoku 1F, 140-4 Shizunami,
Makinohara City, Shizuoka Prefecture
-
- Phone
- 0548-28-6710
-
- Business Hours
- Mon-Fri 9:00 AM - 7:00 PM Sat 9:00 AM - 5:00 PM / Closed: Sundays & Holidays
-
- Access
- 4-minute walk from Shizunami 1-chome (Bus Stop) / Parking available
- Access
-
- Service Area
- Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas
Flow
Free Legal Consultation Process
-
01
-
Making a Reservation for Free Legal Consultation
Please make a reservation by phone or email. There is absolutely no obligation to retain our services after a free consultation. If you are in need of help, please feel free to come in for a consultation.
02
-
Free Legal Consultation with an Attorney
An attorney will personally listen to the details of your situation. Bringing a memo or documents summarizing your issue will help the consultation go smoothly. If the matter is resolved through consultation alone, the process ends here.
03
-
If You Wish to Retain an Attorney
During the consultation, we will also explain the fees and outlook should we take on your case. If you wish to proceed, you may retain us at that time. You are also welcome to take the information home and consider it before making a decision.
