Who Is at Fault in an Unprotected Left Turn Accident in Georgia?
It’s one of a driver’s worst nightmares.
You’re approaching an intersection. The light is green, and you’re planning to continue straight through. But just before you get there, a car heading the opposite direction decides to make a left turn—right in front of you.
This scene plays out over and over again on Georgia’s roads. Intersections can be especially dangerous to navigate, and unprotected left turns are a frequent cause of collisions. In these cases, the left-hand turning driver is usually at fault—but not necessarily always.
In this blog post, we’ll discuss right of way rules for left hand turns, cover the most common exceptions to those rules, and provide advice on what to do if you’ve been injured in a left turn accident.
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
What Is an Unprotected Left Turn and Who Has the Right of Way?
An unprotected left turn occurs at an intersection where left turning is allowed, but there is no left turn green arrow in the light cycle. (If there is a green arrow, it is a protected left turn.) In this scenario, the car making a left turn must yield the right of way to oncoming traffic and wait for a safe opening to turn.
If a traffic light is not present—for example, when turning into a driveway or side street with no signal or sign—the left-turning driver must still abide by the same precautions. The oncoming traffic will have the right of way and do not have to stop or slow down to allow left-turning drivers to pass. Drivers making left turns must also wait for all pedestrians and cyclists to make it safely across the street before they can proceed with the turn.
RELATED: What You Should Know About Georgia Laws and Personal Injury
The Driver Making the Left Is Often Blamed by Default—Even When They’re Not Responsible
When the police arrive on a left-turn collision accident scene, they will almost always issue a ticket to the driver who was turning left rather than the one traveling straight, based on our state’s right of way laws. However, this does not mean that all left turn accidents should be blamed on driver making the turn. There are always exceptions to the rule.
Unfortunately, this can lead to a very frustrating scenario if you were the turning driver, but you believe the driver traveling straight was actually responsible. You may be blamed by default, and without solid evidence, your left turn car accident case may be a “your word against theirs” scenario that leaves you with few options to obtain the compensation you deserve for your injuries, lost wages, or other damages.
This is one great reason to hire a car accident attorney as soon as possible after a left hand turn accident. If there are unexpected circumstances that would indicate other driver’s negligence, an experienced attorney may be able to help you prove them—before the evidence disappears for good.
Exceptions to Left Hand Turn Driving Rule
There are a few exceptions to the left-turn liability rule. The left-turning driver may not be at fault for the following scenarios:
1. The Car Driving Straight Was Driving Significantly Over the Speed Limit When They Were Going Through the Intersection.
This can be a difficult exception to prove. If there are no witnesses, it will be your word against the other driver’s.
Since the police officer will already be predisposed to giving you the ticket when they find out you were the one making the left turn, convincing them that the other driver was being reckless will be difficult to prove on your own.
An accident reconstructionist may be able to estimate the speed of the oncoming car based on damage to your vehicle. At The Brown Firm, we work with traffic experts and other expert witnesses to give you the best possible chance at proving the at-fault driver was negligent.
2. The Car Driving Straight Ran a Red Light or Stop Sign
If a car runs a red light or a stop sign, it will be breaking a traffic law and causing an accident to occur. The driver turning left will not be held responsible because the other driver should not have been going through the intersection when the accident occurred.
Depending on the area and time of day that the accident occurred, there will more than likely be multiple witnesses to attest to the other driver running a red light or stop sign.
3. The Car Driving Straight Wasn’t Paying Attention or the Driver Was Operating the Vehicle Illegally
Distracted driving is becoming a much more serious problem in the age of smartphones. If the driver of the oncoming vehicle was not watching the road, or otherwise driving recklessly or dangerously (for example, operating under the influence), and this prevented them from being able to avoid the car accident, they may be held partially liable.
4. Unforeseen Circumstances
Sometimes, the unexpected happens—and it can complicate your left-turn collision claim. For example, in a multi-vehicle pileup, the car that physically impacted your vehicle might not carry all the blame. Or, if the vehicle ran a red light because of a dangerous defective part (like faulty brakes or an improperly designed acceleration system), you might have a claim against a manufacturer or distributor.
Fault May Be Shared Between Multiple Parties
Responsibility for a traffic accident isn’t always a “one or the other” situation. Sometimes, both drivers in the scenario were negligent, and therefore share responsibility for the crash. For example, the oncoming driver may have been speeding, but the turning driver was also distracted. When determining fault for the accident, each driver may be assessed a percentage of the overall blame.
How much can an injured driver can recover in a personal injury claim if they are partially to blame for that accident? Georgia uses a system of modified comparative negligence to answer that question.
In our state, you are entitled to recover damages if you are found to be less than 50% at fault for an accident. However, your awarded compensation will be reduced by the percentage of fault you share.
For example, if your claim is worth $100,000, but a court finds you 30% responsible, you may only recover $70,000. If you are 50% or more responsible, you cannot receive compensation.
As you can see, fairly assigning fault after an accident can have a substantial effect on how much compensation you can recover, or if you can recover anything at all. Hiring an experienced attorney who can successfully show that you should not be held liable for the left turn accident, or at least argue for the smallest possible degree of fault, can make a huge difference for your case.
Ready to Talk to a Lawyer Who Has Your Back?
Injured in a Left Turn Accident That Wasn’t Your Fault? Call The Brown Firm Today
Proving fault in left turn accidents is often notoriously difficult to achieve—particularly in those exceptional cases where the car driving straight should take some or even all the responsibility. To improve your chance at a fair recovery, you need a great attorney to thoroughly investigate your crash and fight for your rights.
Whether you were an innocent driver or a passenger in a car accident, you may have the right to compensation. If you’ve been injured in this type of case—whether you were heading straight or turning left—and believe it was not your fault, contact The Brown Firm today for a free consultation.
Our attorneys will be happy to give their unbiased opinion on whether you have a solid personal injury case, and help you decide what your next steps should be.
We’ve been fighting for the rights of the injured in Atlanta, Savannah, and across Georgia for years, and we aren’t afraid of tough cases. If you need help or advice, give us a call today at (800) 529-1441, or fill out our simple online contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
Our Recent Personal Injury Articles
When Taxi Drivers Cause Pedestrian Accidents: Legal Options for Injured Parties
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
Bicycle Accident Settlements – What Compensation Can You Expect?
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
Nursing Homes Overprescribing Drugs to Silence and Subdue Patients
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
How Long Do You Have to File a Wrongful Death Lawsuit?
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
Dog Bite Prevention: Educating Owners and the Public
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
Dog Bite Prevention: Educating Owners and the Public
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
Macon, GA – Two Teens in Critical Condition After Deputy Chase in Stolen Vehicle
A stolen vehicle chase with deputies left two teens in critical condition after they lost control of the vehicle.
Dunwoody, GA – A Bus On Fire On I-285 Causes Ramp Closure
A bus caught fire on Friday night at Ashford Dunwoody Road and I-285 West, causing delays during rush hour. The ramp was closed, and firefighters were able to put out...
Cartersville, GA – Pedestrian Fatally Hit By Train
A pedestrian in Cartersville, GA, was hit and killed by a train while crossing the tracks. The pedestrian's identity is unknown.
Macon, GA – Gray Highway Will Get New Pedestrian Crosswalks In Efforts To Decrease Pedestrian Fatalities
Concrete medianettes will be built on Gray Highway and Shurling Drive in Georgia to improve pedestrian safety. These medianettes will provide a safe space for pedestrians to cross busy roads,...
Contact The Brown Firm
Get the Answers and Compensation You Deserve
You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.
Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.