Typically, in a left-turn accident in Georgia, the driver who turned left faces liability for any injuries that result from the crash. Oncoming drivers have the right of way. So, the person turning left must yield to them before turning. Making a hazardous left turn may constitute negligence if you cause an accident.
However, this statement is a general one. In any case, liability depends on the specific facts. You may need to challenge claims of fault as you pursue maximum compensation. If you have recently been injured in a left-turn car accident in Georgia and suffered injuries, the car accident attorneys at Bayuk Pratt are ready to help you.
What Are the Georgia Laws Regarding Left-Hand Turns?
Georgia law establishes that drivers attempting to turn left within an intersection, alley, or private road must yield to oncoming traffic that is close enough to constitute an immediate hazard. The law doesn’t define the term immediate hazard. However, generally, it means that the oncoming driver is close enough to create a risk they won’t be able to stop in time to avoid a collision. The rule applies to intersections without traffic lights and flashing yellow lights.
How Is Fault Determined in a Left-Hand Turn Accident?
Insurance companies and courts examine several kinds of evidence to determine whether the left-turning driver performed an illegal turn or whether the oncoming driver did something wrong. Examples of relevant evidence might include:
- Photos and video recordings
- Eyewitness statements
- Physical evidence at the accident scene
- GPS data
- Police accident reports
- Road maintenance reports
- Sobriety or breathalyzer test results.
The parties may contest whether the oncoming driver was close enough to present an immediate hazard when the other driver initiated the left turn. It can depend on factors such as the oncoming driver’s speed, the size of the road, intersection visibility, and weather conditions. For example, the oncoming driver might have been close enough to present a hazard on a road with a specific speed limit but not close enough to present a hazard on a road with a lower speed limit.
What Are Types of Driver Negligence in Left-Hand Turn Accidents in Georgia?
When a driver makes an illegal left turn, it may be because they are not paying attention or displayed some other negligent behavior, such as the following examples:
- Texting and driving
- Talking with passengers
- Adjusting the radio
- Not check the oncoming traffic lane
- Stopping and starting erratically
- Spending too long in the intersection
- Crossing a double yellow line.
In Georgia, violating a traffic law might be considered negligence just because the driver broke the law, so the offending driver could automatically be negligent if they caused any accidents.
Are There Certain Instances Where a Left-Turn Driver Is Not at Fault?
Yes, sometimes a left-turn driver may not be liable for an accident. Suppose the turning driver has a protected left arrow, and the oncoming driver has a red light. The only way the oncoming driver would strike the driver turning left is if they ran the red light. However, even with the proper signal, left-turn drivers must be aware of pedestrians in the crosswalk.
Left-turning drivers may also avoid liability for auto accidents if the oncoming driver operated their car under the influence of drugs or alcohol or otherwise broke traffic rules. For instance, if a drunk driver erratically accelerates after the driver initiates the turn, the turning driver would likely not be liable for the accident.
Unsafe intersections or malfunctioning traffic lights may also absolve left-turning drivers of responsibility for accidents. Similarly, if a mechanical issue causes the turning driver’s car to stall in the middle of the intersection after making a lawful turn, the oncoming driver could be liable if they were not paying attention and caused a collision.
What Types of Damages Can Be Recovered in a Georgia Left-Hand Turn Accident?
Victims in left-turn accidents can pursue compensation from liable parties to cover any losses they suffered due to their injuries. A settlement can include money for:
- Emergency medical care and the cost of continuing treatment
- Lost wages, including bonuses, commissions, tips, and benefits
- The difference between projected before-and-after lifetime earnings
- Out-of-pocket expenses related to your injuries
- Physical pain and conscious suffering
- Loss of convenience or life enjoyment
- Property damage.
Georgia is a modified comparative negligence state. Under Georgia law, you can still recover damages in a left-turn accident even if you share part of the fault for the accident. You can recover compensation for your losses if you are less than 50 percent at fault. That money is reduced according to the percentage of fault you share. For instance, if you were 25 percent at fault, and your compensable losses totaled $100,000, you would receive $75,000 after applying the modified comparative negligence law.
Contact a Georgia Car Accident Lawyer
Car accidents like left-turn collisions can raise complex questions about liability and negligence. If you have been in a car accident, you need an attorney who will cut through the legalese, explain your rights and options, and work hard to pursue full and fair compensation.
The attorneys at Bayuk Pratt have over 50 combined years of experience and have recovered over $300 million for our clients. Our attorneys have worked in some of the largest law firms in the nation. They can draw on that experience to help you pursue the compensation you deserve due to the harm a negligent driver has caused you.
Contact us today and receive a free consultation about your case.
