Left Turn Car Crash Fault in Georgia: Who Is at Fault?

How fault is divided turns on the facts of each crash and on Georgia’s fault statute. Here is how Georgia law handles left turn car crash fault, in plain language.

Who Is at Fault in a Left Turn Car Crash in Georgia?

Fault in a left turn car crash is not settled by the turn alone. After that, the question turns on the facts of the crash and on how O.C.G.A. § 51-12-33 divides fault among the people involved. That statute applies to actions for injury to a person or property.

Each person whose conduct contributed to the crash may be part of the analysis.

Left-Turn Yield Questions in Georgia

Whether the turning driver yielded, and whether the oncoming driver’s speed, distance, and attention were part of the picture, are questions that turn on the facts.

How Do Right-of-Way Rules at Intersections Apply?

The Department’s left-turn material covers right-of-way in left-turn situations, and this page uses it for the general framework.

Several facts may bear on right-of-way in a left turn crash:

• The signal each driver faced, such as green, yellow, or red.
• Which vehicle entered the intersection first.
• How far each vehicle was from the intersection when the turn began.

Each of these may influence how the right-of-way question is viewed. Read a signal color alongside the other facts of the crash, not in isolation.

Other Facts That May Be Relevant

Signaling may influence fault. Did the driver signal before the turn, and how far before? Would the signal have given the oncoming driver notice of the turn? Lane position may also matter. Did the turning vehicle enter and finish the turn in the correct lane? These are facts that may influence fault. They are not a checklist that settles the question.

What Facts May Influence Fault in a Left Turn Car Crash?

Several facts may influence fault in a left turn car crash. The signal phase, the speed and distance of oncoming vehicles, visibility and weather, lane use, and driver distraction are among them. Each one is a factor that may influence the analysis, not a finding.

Georgia’s statute also looks at everyone who contributed to the crash. It says: “In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.” That is O.C.G.A. § 51-12-33(c).

Records may also influence how fault is evaluated. A crash report, photographs, witness statements, and dashcam or traffic-camera footage are examples. Each may add detail about what happened, and none of them settles the question by itself.

How Does Georgia’s Comparative Fault Rule Work?

Georgia reduces damages by the injured person’s percentage of fault, and it bars damages at 50 percent or more. The statute says the judge “shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.” That language is in O.C.G.A. § 51-12-33(a), which applies where the plaintiff “is to some degree responsible for the injury or damages claimed.”

The 50 percent threshold appears in subsection (g). It says the plaintiff “shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.” That is the same O.C.G.A. § 51-12-33 link.

Can Both Drivers Share Fault in a Left Turn Car Crash?

Under O.C.G.A. § 51-12-33(b), apportioned damages “shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.”

Georgia also has an avoidance rule. Under O.C.G.A. § 51-11-7, “If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover.” The same section adds: “In other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.”

Here is a general example. A turning driver misjudges a gap, and the oncoming driver is speeding. Fault could be shared between them. How the percentages land turns on the facts of that crash. A driver’s own conduct, such as speed or distraction, may influence the share assigned to that driver. This example is general and predicts no result.

What Injuries and Damages May Be Part of a Left Turn Claim?

This section describes the kinds of injuries that may be part of a left turn claim.

This firm handles claims involving traumatic brain injury. What, if anything, can be recovered depends on the facts of each case.

How Long Do You Have to File a Left Turn Injury Claim in Georgia?

Georgia’s general deadline for injury to a person is two years. The statute says “actions for injuries to the person shall be brought within two years after the right of action accrues.” That is O.C.G.A. § 9-3-33.

Georgia has a separate tolling rule for some tort claims. O.C.G.A. § 9-3-99 applies to a tort action “that may be brought by the victim of an alleged crime.” It says the period is tolled “until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.” Whether that rule applies depends on the facts and the criminal case.

Because the period is set by statute, the date of the crash matters. Families dealing with a death can read the wrongful death overview.

Where Can You Read Next About Georgia Car Accidents?

The next step is the Georgia car accident overview, which places left turn crashes among other car crash types. Readers whose crash involved a vehicle behind them can read the rear-end crash page. Readers who need to understand the report can read the Georgia crash report guide. Readers with a crash in Atlanta can read the Atlanta car accident page. Those whose crash involved a large commercial truck can read the truck accidents page.

Ugwonali Law Group’s only office is at 3400 Peachtree Road NE, Atlanta, Georgia.

Is the turning driver always at fault in a left turn car crash in Georgia?

Fault turns on the facts of each crash.

How long do you have to file a left turn injury claim in Georgia?

Under O.C.G.A. § 9-3-33, actions for injuries to the person “shall be brought within two years after the right of action accrues.” For a traumatic crash injury, that period generally runs from the date of injury.

How Can Shared Fault Affect a Georgia Injury Claim?

Under O.C.G.A. § 51-12-33(a), damages are reduced “in proportion to his or her percentage of fault.”

Talk With Ugwonali Law Group About Your Left Turn Crash

If you’re reading this for a family member or friend, you may be carrying a lot. You may be trying to understand whether the facts of their crash support a claim, and that is a heavy role to take on.

Attorney Adanna Ugwonali personally does the legal work at Ugwonali Law Group. Intake staff can help in English or Spanish. The first consultation is free, confidential, and carries no obligation to continue. To begin, contact Ugwonali Law Group through its web form.

Attorney Advertising Disclaimer

This page is attorney advertising, provided for general information only. It is not legal advice and does not create an attorney-client relationship. Attorney Adanna Ugwonali is the responsible lawyer for Ugwonali Law Group, located at 3400 Peachtree Road NE, Atlanta, Georgia. Contact the firm through https://www.attorneyadanna.com/contact. Nothing on this page promises or predicts any result.