Intersection crashes happen fast. The light is green, and a second later, a car turns left directly across your path. Now you’re hurt, your car is wrecked, and the other driver is pointing fingers. If you were injured in a left-turn accident near Lexington or Mauldin, here’s how fault is actually determined and what that means for your claim.
The short answer: The turning driver is usually at fault. A driver turning left at an intersection or into a driveway must yield the right-of-way to any oncoming vehicle that is close enough to pose an immediate hazard. But it isn’t automatic. If the oncoming driver was speeding, ran a red light, or was distracted, they can share or bear some of the blame. Under South Carolina’s modified comparative negligence rule, you can still recover compensation as long as you aren’t more than 50% at fault.
In this article, our Mauldin car accident lawyer discusses:
– Who is at fault in a left-turn accident
– When the oncoming driver can share the blame
– What evidence helps prove fault
– How South Carolina’s comparative negligence rule affects your claim
– Common injuries in left-turn collisions
Who is at fault in a left-turn accident?
The driver making the left turn is usually at fault because South Carolina law requires them to yield. Under S.C. Code Ann. § 56-5-2320, the driver of a vehicle turning left within an intersection or into an alley, private road, or driveway must yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close as to be an immediate hazard.
Plainly put: if you’re driving straight through an intersection with the right-of-way, oncoming drivers have to wait for a safe gap before turning across your path. When they misjudge that gap, or simply don’t see you, they’ve broken the rule. That failure to yield is often the main reason they end up on the hook.
Insurance companies know this. They tend to assume that the turning driver caused the crash. But “usually” isn’t “always,” and the details of your specific accident matter.
When can the oncoming driver share the blame?
The oncoming driver can share or bear fault when their own careless driving helped cause the crash. The turning driver’s duty to yield doesn’t give the other driver a free pass. A few situations can shift some or all of the blame onto the driver going straight:
– Speeding: If the oncoming driver was well over the limit, the turning driver may not have had a fair chance to judge the gap.
– Running a red light: A driver who enters against a red light can lose the right-of-way they’d normally have.
– Distracted driving: Texting, eating, or glancing away can mean the driver failed to react to a hazard they should have seen.
– Impaired driving: Alcohol or drugs that slow reaction time can point fault back at the oncoming driver.
These arguments come up constantly, which is exactly why fault in a left-turn crash is rarely as simple as it may first look.
Injured in an intersection crash? Call Smith & Jones Law at 803-784-0730 for a free consultation. We’ll review what happened at no cost to you.
What evidence helps prove fault in a left-turn accident?
Strong evidence is what turns “he said, she said” into a clear picture of what happened. Because these cases so often come down to timing and right-of-way, the following can make or break your claim:
– Traffic signal timing: Data on when the lights changed can show who had the green.
– Intersection and traffic camera footage: Video is some of the most powerful proof of who did what.
– Witness statements: Neutral bystanders can confirm speed, signals, and the sequence of events.
– The police report: Officers record their observations, diagrams, and sometimes an opinion on fault.
This evidence can disappear fast. Camera footage gets overwritten. Memories fade. The sooner someone starts gathering it, the better. With 55 years of combined experience, the attorneys at Smith & Jones Law know how to move quickly to preserve what matters.
How does South Carolina’s comparative negligence rule affect your claim?
South Carolina follows a modified comparative negligence rule, so you can still recover even if you were partly at fault, as long as your share of the blame isn’t more than the other driver’s. A plaintiff in South Carolina may recover only if his or her negligence is not greater than that of the defendant. In practice, if you weren’t more than 50% at fault, you may still be entitled to compensation, though your recovery is reduced by your percentage of fault.
Here’s what that looks like. Say your damages total $100K, but you’re found 20% at fault for driving slightly over the limit. You’d recover $80K instead of the full $100K. This is exactly why insurers work so hard to pin part of the blame on you. Every percentage point they shift lowers what they pay.
You also have limited time to act. Under S.C. Code Ann. § 15-3-530, the statute of limitations for injury to a person in South Carolina is three years. A shorter statute of limitations applies for employees of governmental entities and political subdivision. That clock generally runs from the date of the accident, and waiting too long can cost you the right to file at all.
What are common injuries in left-turn collisions?
Left-turn crashes often cause serious injuries because they frequently involve side-impact (T-bone) or head-on collisions, where there’s less to absorb the force. Common injuries include:
– Whiplash and neck or back injuries
– Broken bones
– Head injuries and traumatic brain injuries (TBI)
– Spinal cord injuries
– Internal injuries and chest trauma
Even if you feel fine at first, some injuries take days to show symptoms. See a doctor right away, both for your health and to document that your injuries came from the crash.
Frequently asked questions about left-turn accidents in South Carolina
Is the left-turning driver always at fault?
No. The turning driver is usually at fault because they have to yield, but not always. If the other driver was speeding, ran a red light, or was distracted, they can share or carry the blame depending on the facts.
How do I win a left-turn accident claim?
You win by proving the other driver’s failure caused the crash and by defending against claims that you were at fault. That takes solid evidence, such as camera footage, witness statements, and the police report, plus a clear account of how the crash happened.
What if the insurance company says I was partly to blame?
Don’t accept that at face value. Under South Carolina’s comparative negligence rule, you can still recover if you’re not more than 50% at fault. Talk to an attorney before agreeing to any version of events or accepting a low offer.
How much does it cost to talk to a lawyer?
Your consultation with Smith & Jones Law is free. We serve clients from our offices in Lexington and Mauldin, and we’re glad to review your case and explain your options.
Talk to an experienced South Carolina car accident lawyer
Left-turn accidents can be harder to sort out than they may seem, and the insurance company already has a team working to limit what it pays. You don’t have to face that alone. With 55 years of combined experience, Smith & Jones Law knows how to investigate intersection crashes, gather the right evidence, and stand firm when insurers try to shift the blame onto you.
Contact Smith & Jones Law today for a free consultation. Call 803-784-0730 to reach our Lexington or Mauldin office and find out how we can help.