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Can a car entering an intersection change lanes ?
Anonymous3 views6 answers
I was making a left turn and was struck on the passenger side by oncoming car. That car was in her left most lane entering the intersection with a stale green light. I had cleared that lane and the lady struck me in her right lane. I received a ticket for "failure to yield". It is my understanding that you cannot change lanes in an intersection. If this is so, how can I be at fault when I had cleared her lane ?
In Georgia. when making a left turn you must yield to oncoming traffic. See O.C.G.A. 40-6-71. In your statement you claim that there was a green light. Under Georgia law, you have a statutory duty to yield to traffic coming from the opposite direction. Regardless of the lane change, it appears from your description of the collision that your failure to yield caused the collisoin.
You are absolutely at fault when you cross into traffic and get hit whether the other car changes lanes or not (unless the other car's speed was the main factor in the accident). You assume most of the risk whenever you enter an oncoming lane of traffic. You are not entitled to turn into traffic any time you want to. Defensive driving is a requirement, not an option.
The DiGiulio Law Firm, LLC.
www.atl-law.com
770-309-9551
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In almost every instance everyone turning left at an intersection must yield the right of way. Your failure to do so apparently caused the crash, therefore you are at fault.
It sounds like a slam-dunk traffic case against you, as O.C.G.A. 40-6-71 says oncoming traffic has the right of way. So a lane change would be irrelevant. (It might have some effect on civil liability in a civil suit). You should still see a traffic attorney.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Bottom line is that you need to yield to oncoming traffic, however, you can still try to fight the ticket by retaining a local traffic court lawyer for a couple hundred bucks, and you might avoid the points on your license.