Almost every intersection crash begins the same way: two drivers, two stories, and one light sequence that only ran one way. He says his light was green; she says hers was. A left-turning driver insists the oncoming car ran the red; the oncoming driver insists the turn came out of nowhere. Unlike a rear-end crash, nothing about the physical damage settles who is telling the truth.
What actually decides these cases
- Independent witnesses. The pedestrian on the corner and the driver two cars back have no stake in the outcome, and they move away, forget, and stop answering calls. Reaching them in the first weeks is often the whole case.
- Signal-timing records. Traffic agencies keep the phasing charts for their intersections. Matched against where the vehicles ended up and what witnesses saw, they can rule a story in or out.
- Camera footage. Traffic cameras, transit buses, doorbells, storefronts. Most systems overwrite in days, so preservation letters have to go out immediately.
All-or-nothing stakes
The District, Maryland, and Virginia still apply contributory negligence: if a jury believes you were even one percent at fault, you recover nothing. Intersection cases are where that rule does its worst work, because there is nearly always some argument that you could have seen it coming. The counterweights (the other driver's statutory violations, last clear chance, and disciplined early evidence work) are covered in our guide to the one-percent rule.
$1,300,000
Pedestrian struck in a marked crosswalk while crossing on the walk signal; multiple fractures, a collapsed lung, and permanent nerve damage.
Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.
How intersection claims differ in D.C., Maryland, and Virginia
In Maryland and Virginia, a driver turning left must yield to oncoming traffic that is close enough to be a danger, which is why the left-turning driver is usually the one at fault (Md. Code, Transp. § 21-402(a); Va. Code § 46.2-825). The details matter, and they are not identical.
- Virginia's green-arrow rule. At a light with a separate left-turn signal, a driver turning on the arrow has the right-of-way over all other approaching vehicles (Va. Code § 46.2-825). In an arrow case, the question flips: who entered against the signal?
- Maryland stop signs and through highways. A Maryland driver approaching a through highway, or facing a stop sign, must stop and yield to traffic on the other road (Md. Code, Transp. § 21-403(b), (c)). These cases often turn on sightlines and speed on the favored road.
- Walkers and riders in D.C. If you were on foot, a bicycle, a scooter, or another “vulnerable user” device when a driver hit you in D.C., your own negligence does not bar recovery unless it was a proximate cause and greater than the combined negligence of the defendants (D.C. Code § 50-2204.52(a)). Maryland and Virginia have no such rule; contributory negligence still applies there (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013); Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)).
- Last clear chance. All three jurisdictions keep the last clear chance doctrine, which can let a negligent plaintiff recover if the defendant saw, or should have seen, the danger in time to avoid it. Virginia applies it to “helpless” and “inattentive” plaintiffs under different tests (Coutlakis, 293 Va. 212).
Deadlines differ too: generally three years to sue in D.C. and Maryland, two years in Virginia (Va. Code § 8.01-243(A)). For more, see Maryland car accident claims, Virginia car accident claims, and, if you were walking or riding, our pages on pedestrian accidents and bicycle and scooter injuries.
Frequently asked questions
Who is at fault in a left-turn accident?
Usually the left-turning driver. In Maryland and Virginia, a driver turning left must yield to oncoming traffic close enough to be a danger (Md. Code, Transp. § 21-402(a); Va. Code § 46.2-825). Insurers often answer that the oncoming driver was speeding or ran the light, so the evidence of speed and signal timing still matters.
What if both drivers say they had a green light?
Then the case is decided by evidence that does not depend on either driver's memory. Independent witnesses, signal-timing records, and camera footage can show which story fits the facts. That evidence has to be found and preserved quickly.
Does a green arrow change who has the right-of-way in Virginia?
Yes. At a Virginia light with a separate left-turn signal, a driver turning on the arrow has the right-of-way over all other approaching vehicles (Va. Code § 46.2-825). The question then becomes which driver entered against the signal.
I was walking or biking through a D.C. intersection. Does contributory negligence apply to me?
Not in the usual way. In D.C., a pedestrian's or vulnerable user's own negligence does not bar recovery unless it was a proximate cause and greater than the combined negligence of the defendants (D.C. Code § 50-2204.52). Maryland and Virginia have no equivalent rule.
Can I recover if I was partly at fault for an intersection crash?
In most cases, any fault on your part bars recovery in D.C., Maryland, and Virginia, unless an exception applies. The main exceptions are D.C.'s rule for pedestrians and vulnerable users and the last clear chance doctrine. That is why insurers work so hard to find something you did wrong, and why early evidence matters.
Related reading
- The one-percent rule: contributory negligence in D.C., Maryland, and Virginia
- D.C.'s last clear chance doctrine
- Nobody saw how the crash happened: can you still win in Virginia?
- RGR v. Settle: blocked sightlines and Virginia crash liability
- Hit while walking or biking in D.C.: the contributory negligence exception
- DMV Injury Guide: gathering evidence while it still exists
- DMV Injury Guide: contributory negligence
Talk to a DMV injury lawyer today
Camera systems overwrite footage within days, and witnesses scatter. Call us before the evidence that proves who had the light is gone.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
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More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.