What If the Other Driver Was Speeding When You Made a Left Turn? Determining Fault in an Atlanta Accident
Georgia law requires who are drivers turning left to yield to vehicles approaching from the opposite direction when those vehicles are close enough to create an immediate hazard. But that does not mean the left-turning driver is automatically responsible for every collision.
If the approaching motorist was speeding, the liability analysis can change significantly. Excessive speed can make that judgment much more difficult by causing an approaching vehicle to reach the intersection sooner than reasonably expected.
The experienced Atlanta intersection accident lawyers at Grant Law Office can investigate what both drivers were doing in the seconds before impact. If you were injured by a driver who was breaking the law, we can advise you about your options for seeking maximum compensation.
What Does Georgia Law Require?
Georgia law addresses left turns in O.C.G.A. § 40-6-71. A driver intending to turn left within an intersection, alley, private road, or driveway generally must yield the right of way to vehicles approaching from the opposite direction when they are within the intersection or close enough to constitute an immediate hazard.
A failure to yield left turn may be cited after an intersection collision, but determining whether an approaching vehicle constituted an immediate hazard can involve more than simply determining where that vehicle was located.
If an oncoming vehicle is traveling substantially faster than the lawful speed, it can cover the distance to the intersection much sooner than expected. In this situation, determining liability becomes more complicated.
Is the Left-Turning Driver Always At Fault?
The driver who was turning is automatically at fault. Insurance companies may initially focus on the fact that one driver was turning left and argue that the turning driver caused the crash. That conclusion may overlook several types of negligent conduct.
An intersection accident attorney can investigate whether the approaching driver was:
- Speeding
- Texting or otherwise distracted
- Driving aggressively
- Impaired by alcohol or drugs
- Disregarding a red light or other traffic signal
- Failing to slow when conditions required it
- Operating the vehicle unsafely
How Does Comparative Negligence Apply to a Left-Turn Crash?
Under Georgia’s modified comparative negligence framework, fault may be divided among the parties. If an injured person is less than 50% responsible for an accident, they could still be eligible to seek damages.
Your Attorney Will Collect Evidence to Build a Strong Claim
Injured drivers should be cautious about accepting an insurance company’s initial determination of fault. An insurer’s conclusion is not necessarily the final word on an Atlanta car accident claim. Evidence can change the liability analysis.
Police Reports
The investigating officer’s report may contain driver and witness statements, diagrams, citations, observations about roadway conditions, and other information relevant to the collision. A police report can be an important starting point, but it is not always the end of the investigation.
Traffic Camera and Surveillance Footage
Traffic cameras may capture the collision or vehicle movements before impact. Nearby businesses, homes, parking facilities, apartment buildings, or other properties may also have surveillance cameras facing the roadway.
Dashcam Recordings
A dashcam from a vehicle involved in an accident or a dashcam from another vehicle may provide a clear view of the collision. Footage may show vehicle movements, traffic signals, the location of the vehicles, and how quickly the approaching car appeared to close the distance before impact.
Eyewitness Statements
Independent witnesses may have observed the approaching vehicle before the crash. They may describe aggressive acceleration, excessive speed, a traffic signal violation, or other conduct.
Vehicle Event Data Recorders
Many modern vehicles contain event data recorders, sometimes referred to as black boxes. Depending on the vehicle and circumstances, stored information may help investigators evaluate vehicle speed, braking, acceleration, and other factors associated with the crash.
Skid Marks and Vehicle Damage
Skid marks can provide information about vehicle braking and movement. Investigators may also examine debris, the location and severity of vehicle damage, the point of impact, and where the vehicles came to rest.
Cell Phone Records
If distracted driving is suspected, cell phone evidence may become relevant. Appropriate records may help determine whether a driver was using a phone around the time of the accident.
Accident Reconstruction
For catastrophic or heavily disputed crashes, accident reconstruction specialists may analyze roadway measurements, photographs, video, vehicle damage, electronic data, skid marks, and other evidence.
An accident reconstruction expert may be able to calculate or estimate vehicle speeds, examine reaction times, identify the point of impact, and evaluate whether the collision could have been avoided if the approaching motorist had been traveling at a lawful speed.
Speak With an Experienced Atlanta Intersection Accident Lawyer
Grant Law Office has been representing injured drivers in Georgia since 2000. Our attorneys emphasize thorough preparation, strategic planning, and providing each client with individualized attention.
To find out how we can help, call (404) 995-3955 for a free consultation today.
FAQs About Determining Fault After a Left Turn Collision
Is the driver making a left turn always at fault in Georgia?
No. Georgia law generally requires a driver making a left turn to yield to oncoming traffic when it is close enough to present an immediate hazard, but that does not automatically make the turning driver responsible for every collision.
How can I prove the other driver was speeding?
Evidence in a speeding driver accident may include traffic or surveillance video, dashcam footage, eyewitness statements, skid marks, vehicle damage, and event data recorder information. An accident reconstruction specialist may also analyze physical and electronic evidence to estimate vehicle speed, reaction times, the point of impact, and whether the crash could have been avoided.
What if the insurance company says I caused the crash because I was turning left?
An intersection accident attorney can investigate whether the approaching driver was speeding, distracted, impaired, driving aggressively, or violating a traffic signal and use available evidence to challenge an unsupported determination of fault.
Contact us today for a free and comprehensive case evaluation.
We require no legal retainer or upfront fees,
and you pay nothing unless we prevail.
Phone: (404) 995-3955


