Usually the driver turning left — O.C.G.A. § 40-6-71 requires left-turning drivers to yield to oncoming traffic that is close enough to be an "immediate hazard." But it is not automatic: if the oncoming driver was speeding, ran a red light, or you turned on a protected green arrow, fault shifts. You can recover damages if you were less than 50% at fault, and you have 2 years to file an injury suit.
Georgia's left-turn rule: yield to the "immediate hazard"
The controlling statute is O.C.G.A. § 40-6-71: a driver turning left at an intersection or into a driveway must yield to any vehicle "approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard." Because the turning driver crosses the oncoming lane, police and insurers start nearly every left-turn case with a presumption that the turning driver failed to yield.
The traffic signal matters more than most drivers realize. Under O.C.G.A. § 40-6-21, a circular green light permits a left turn but does not protect it — you may turn only after yielding to oncoming traffic and to pedestrians in the crosswalk. A green arrow is different: it is a protected turn, meaning opposing traffic faces a red light while you turn. Which signal was showing at the moment of impact is often the single most contested fact in a Decatur left-turn case.
When the turning driver is not fully at fault
The yield presumption is beatable, because the "immediate hazard" language cuts both ways. A left-turning driver only owes the right of way to oncoming traffic that a reasonable driver could see and judge — and Georgia juries assign fault in percentages, not all-or-nothing. Common scenarios that shift fault toward the oncoming driver: they were well over the speed limit or driving too fast for conditions (O.C.G.A. § 40-6-180), making the gap impossible to judge; they ran a red light after your light changed (O.C.G.A. § 40-6-20); they were texting; or you turned on a protected green arrow while they entered against a red.
Under Georgia's comparative negligence statute, O.C.G.A. § 51-12-33, the jury puts a percentage on each driver and your award is cut by your share — with recovery barred entirely at 50% or more. A turning driver found 40% at fault against a speeding oncoming driver still recovers 60% of their damages. Two 2025 changes are worth knowing: Georgia's SB 68 tort reform made seat belt non-use admissible as evidence on fault and injury causation, and fault can even be assigned to a driver who was never sued — so the percentages battle is now fought on more fronts than it used to be.
Proving what happened at a Decatur intersection
Left-turn cases are won with evidence collected in the first days. Start with the crash report: Decatur police or DeKalb County officers file the Georgia crash report (form GDOT-523) into the state system, and you can buy a copy through BuyCrash or the department's records unit for about $5, usually available within 3–5 business days. The report captures the officer's fault assessment, cited statutes, and witness names — none of which is final, but all of which shapes the insurers' opening positions.
Then look for what the report misses. Decatur's busiest left-turn conflict points — Ponce de Leon Avenue, Scott Boulevard, Clairemont Avenue, Church Street, and the Commerce Drive corridors around the Square — carry heavy pedestrian and MARTA bus traffic, and many are lined with businesses whose cameras face the intersection. Camera footage that shows the signal phase or the oncoming car's speed can single-handedly move fault percentages. Skid marks, debris fields, and airbag module data fill in the rest, but video gets overwritten fast — often within days — so it must be requested immediately.
Deadlines and dollar figures for a Decatur claim
If the police report already blames you, do not assume the case is over — officers rarely see the crash happen, and their fault box is an opinion, not a verdict. The attorneys at Dream Team Law investigate signal timing, speed, and video before conceding a single percentage point — learn more on our Atlanta office and car accident pages, or call 1-855-255-TEAM for a free consultation.
DeKalb County juries decide these percentages only if a case is filed in time, and the money available is bounded by policy limits unless other coverage applies. These are the numbers that frame a Decatur left-turn claim:
Frequently asked questions
Is the driver turning left always at fault in Georgia?+
No. The left-turning driver must yield to oncoming traffic that poses an immediate hazard, so they usually carry most of the fault — but Georgia juries assign percentages. If the oncoming driver was speeding, ran a red light, or entered against your protected green arrow, a large share or even most of the fault can shift to them.
I turned left on a green light and got hit. Am I automatically at fault?+
It depends on which green you had. A circular green permits the turn but requires you to yield to oncoming traffic first. A green arrow is a protected turn — oncoming traffic faces a red light, so a car that hit you during your arrow was likely running its light. Signal timing records and nearby camera footage can establish which phase was showing.
The other driver's insurance already offered me a settlement. Should I take it?+
Be careful. Quick offers in left-turn cases usually arrive before your injuries are fully diagnosed and are calculated off the assumption that you accept most of the fault. Once you sign the release, the claim is over even if a surgery shows up later. Have the offer reviewed against your actual medical picture and the fault evidence first — consultations are free.
This article is for general information only and is not legal advice; reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of your case — consult a licensed attorney in your state about your situation. Attorney advertising. Prior results do not guarantee a similar outcome.