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The short answer: In South Carolina, the driver making the left turn is usually at fault because they must yield to oncoming traffic. But that is not always the case. If the oncoming driver was speeding, ran a red light, or was distracted, they can share the blame, and South Carolina’s modified comparative negligence rule can reduce or bar your recovery based on each driver’s share of fault. You generally have three years from the date of the crash to file.
You were driving through a Charleston intersection, minding your own business, when another driver turned left right in front of you. The crash happened in seconds. Now you’re dealing with a totaled car, sore muscles that keep getting worse, and an insurance adjuster who’s already asking questions that feel like traps. It’s a lot to handle, and you shouldn’t have to figure it out alone.
Left-turn accidents are among the most common crashes on South Carolina roads, and they can cause serious injuries: whiplash, herniated discs, broken bones, and concussions. If you’ve been hurt in a left-turn accident, understanding how fault works in South Carolina is the first step toward protecting your recovery. Remember, Trey helps. Call 843-636-8739 for a free consultation.
In this article, our Charleston car accident lawyer will cover:
– The general rule: the left-turning driver usually has the duty to yield
– Exceptions: when the oncoming driver can share the blame
– How fault is proven in a South Carolina left-turn crash
– South Carolina’s modified comparative negligence rule can split fault
– Don’t run out of time: the three-year statute of limitations
– What to do when you’ve been hurt in a left-turn accident
The General Rule: The Left-Turning Driver Usually Has The Duty To Yield
South Carolina law places the burden on drivers turning left. Under S.C. Code § 56-5-2320, a driver intending to turn left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close thereto as to constitute an immediate hazard.
In plain English, if you’re turning left, you have to wait until it’s safe. Oncoming traffic has the right of way. When a left-turning driver misjudges the gap, doesn’t see the other car, or tries to beat a yellow light, they’re usually the ones who get pinned with fault. That’s why insurance companies often start with the presumption that the turning driver caused a failure-to-yield left-turn accident.
Exceptions: When The Oncoming Driver Can Share The Blame
The “left-turn driver is at fault” rule isn’t absolute. Fault can shift, or at least split, when the oncoming driver did something wrong too. Common examples include:
– Speeding. If the driver going straight was well over the posted limit, they may have made it impossible for the turning driver to judge a safe gap.
– Running a red light or stop sign. A driver who blows through a signal loses the right of way, even against a left-turning car.
– Distracted driving. Texting, scrolling, eating, or fiddling with the radio can turn an oncoming driver into a partial cause of the crash.
– Impaired driving. Alcohol, drugs, or fatigue can make an oncoming driver just as responsible as the person turning.
– Illegal passing. Passing in a no-passing zone or weaving between lanes at the last second can shift fault.
These are the cases where the answer to “who is at fault in a left-turn accident” gets more complicated, and where having someone dig into the details matters.
How Fault Is Proven In A South Carolina Left-Turn Crash
Deciding who’s at fault isn’t a gut call. It’s built from evidence. When our office handles a left-turn case, we look at the following:
– Witness statements. Independent witnesses who saw the color of the light, the speed, or the turn signal can make or break a claim.
– Traffic and business camera footage. Many Charleston intersections, gas stations, and storefronts have cameras that captured the crash. That footage disappears quickly, sometimes within days, so it needs to be preserved quickly.
– Vehicle damage and point of impact. Where the vehicles were hit and at what angle can tell an accident reconstructionist a lot about how the crash actually happened.
– The South Carolina Traffic Collision Report. The responding officer’s diagram, narrative, and any citation issued carry real weight with insurers.
– Cell phone records and event data recorders. Modern cars store speed, braking, and steering data. Phone records can show if a driver was texting at the moment of impact.
This kind of investigation is often the difference between a lowball offer and a fair recovery. It’s also how to win a left-turn accident case when the other side is trying to pin the blame on you.
South Carolina’s Modified Comparative Negligence Rule Can Split Fault
Even if the other driver is mostly at fault, the insurance company may try to shift some blame to you. Under South Carolina’s modified comparative negligence rule, a driver who is partly to blame can still recover damages, as long as their fault is below 51%, with any award reduced by that percentage.
Here’s a simple example. Say your damages total $100, 000, and a jury finds the left-turning driver 80% at fault and you 20% at fault. Your recovery would drop to $80, 000. If a jury pins 51% or more on you, though, you receive nothing.
This is exactly why insurance adjusters push so hard to nudge your percentage up. Every point of fault they can shift onto you is money out of your pocket. Our legal team pushes back with evidence, not opinions.
Don’t Run Out Of Time: The Three-Year Statute Of Limitations
In South Carolina, most personal injury lawsuits, including car accident claims, have to be filed within three years of the crash under S.C. Code § 15-3-530. That sounds like a lot of time, but it isn’t. Evidence fades, witnesses move, and cameras record over their footage. The sooner you have someone investigating, the stronger your case will be.
South Carolina also uses an at-fault (not no-fault) auto insurance system, which means the at-fault driver’s insurance is generally responsible for your damages. Sorting out which driver is at fault and to what degree is where cases are won or lost.
Hurt In A Left-Turn Accident? Remember, Trey Helps.
Getting hit by a left-turning driver in Charleston, Summerville, Greenville, or anywhere else in South Carolina isn’t an inconvenience. It’s medical bills, missed work, and stress you didn’t ask for. You deserve honest answers and a lawyer who will actually pick up the phone.
Trey Harrell handles auto accident and personal injury cases across South Carolina. The initial consultation is free, and you can reach our team directly. Past results do not guarantee future outcomes. Every case is different.
Hurt in a left-turn accident in South Carolina? Remember, Trey helps. Call 843-636-8739 for a free consultation.