Determining Liability After a Car Wreck in Georgia: Turning and Signaling – OCGA 40-6-123

Understanding OCGA 40-6-123

OCGA 40-6-123 is a section of the Official Code of Georgia Annotated that outlines the rules for making turns and using turn signals while driving. This law mandates that drivers must give an appropriate signal before turning or changing lanes to ensure the safety of other road users. 

According to OCGA 40-6-123(a), “No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.” This provision emphasizes the importance of ensuring that a turn or lane change can be executed safely before signaling.

In addition, the law specifies the method and timing of the required signals. Per OCGA 40-6-123(b), “A signal of intention to turn right or left shall be given continuously for a distance of at least 100 feet before making the turn.” This requirement helps alert other drivers and pedestrians of the driver’s intentions, reducing the risk of accidents. The statute also states that signals must be made using either the vehicle’s turn signal lights or hand and arm signals, as described in OCGA 40-6-124. By adhering to these rules, drivers can enhance road safety and avoid legal consequences, such as traffic citations or liability in case of an accident.

Legal Implications of Violating OCGA 40-6-123

Failing to comply with OCGA 40-6-123 can result in legal penalties and complications. Drivers who do not properly signal before turning or changing lanes may receive a traffic citation, which could lead to fines, points on their driving record, or increased insurance premiums. In Georgia, accumulating too many points can result in a suspended driver’s license. Moreover, improper signaling could be considered negligent driving in the event of an accident, potentially leading to civil liability. For example, if a driver changes lanes without signaling and causes a collision, they may be held legally responsible for damages due to failure to follow traffic laws.

Beyond citations and liability, violations of OCGA 40-6-123 can affect legal proceedings related to traffic accidents. In personal injury claims, failure to signal could be used as evidence of negligence, impacting the outcome of the case. Georgia follows a modified comparative negligence rule, which means that if a driver is found to be 50% or more at fault, they cannot recover damages. Therefore, failure to comply with the signaling requirements could reduce or eliminate the chances of receiving compensation after an accident. Understanding the legal consequences underscores the importance of obeying this law to protect oneself from legal and financial repercussions.

Practical Tips for Complying with OCGA 40-6-123

To comply with OCGA 40-6-123 and ensure safety on the road, drivers should always signal well in advance of making any turn or lane change. As stated in the law, signals must be given continuously for at least 100 feet before the intended movement. It is crucial to check mirrors and blind spots before activating the turn signal to ensure that the maneuver can be made safely. Additionally, maintaining vehicle signal lights in good working condition is essential for effective communication with other road users. Regularly inspecting and replacing faulty bulbs can help avoid misunderstandings and potential accidents.

Drivers should also familiarize themselves with the use of hand and arm signals as an alternative method of signaling, especially when driving a vehicle without functional turn signals. According to OCGA 40-6-124, a left turn is indicated by extending the arm straight out, while a right turn is shown by raising the arm upward. To indicate a stop or decrease in speed, the arm should be extended downward. Knowing these hand signals not only ensures compliance with the law but also enhances safety in situations where electronic signals are not operational. By consistently practicing these habits, drivers can effectively communicate their intentions and minimize risks on Georgia’s roads.

When to Use Turn Signals

Any time a driver wishes to make a turn at an intersection or driveway, change lanes, or enter traffic from a parallel parking space, that driver must both use a turn signal and check that the maneuver can be completed safely before beginning.

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner provided in this Code section.

Drivers making turns must also start from the correct lane. For typical commuter vehicles, right turns must start from the right lane, and left turns must start from the leftmost of the lanes that are traveling in the correct direction. When a left turn lane is provided, drivers turning left are required to use it.

How Long to Use Turn Signals

OCGA 40-6-123 doesn’t specify an exact distance or length of time for turn signals to be used, but it does note that other drivers should have time to recognize the signal and respond accordingly.

(b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction.

Common wisdom typically recommends 100 feet of signaling on city roads and 900 feet on freeways. When signaling a turn, it’s a good idea to keep signals as unambiguous as possible. For example, if a driver passes several driveways on the right while using a right turn signal, other drivers may think the signal has been left on by mistake and be unprepared for the vehicle’s right turn when it finally happens.

For the same reason, drivers should not display active turn signals while proceeding straight through an intersection, even if they plan to make a turn or lane change soon afterward.

Other Forms of Signals

Signals are also important for letting other drivers know when a vehicle is about to slow down rapidly.

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this Code section to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.

Most vehicles have brake lights, which issue this signal automatically when the driver touches the brake. Because drivers don’t have to think about activating this signal when their vehicles are working properly, it’s an easy one to forget when something goes wrong. However, just like turn signals, drivers are required to give brake signals by hand if the necessary lights on the vehicle aren’t working.

How to give signals by hand isn’t mentioned until statute 40-6-125, but we’ll include them here. Extending the left arm upward indicates a right turn or lane change, extending it outward indicates a left turn or lane change, and extending it downward indicates a slowdown or stop.

When Not to Use Turn Signals

As well as detailing the moments when turn signals are required, statute 40-6-123 also mentions one important scenario in which they should not be used.

(d) The signals provided for in subsection (b) of Code Section 40-6-124 shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear.

If a vehicle’s emergency flashers can’t be activated for any reason, turn signals should never be used as a substitute. This might seem like an intuitive solution, because many vehicles use some of the same physical lights for both purposes, but using turn signals this way is more confusing than helpful. If a stopped or disabled vehicle has its lights flashing on only one side, other drivers may try to make way for it to rejoin traffic or change lanes, instead of simply proceeding carefully past it.

What Damages Can You Recover After Someone Misuses a Turn Signal?

If you’ve been hurt in an accident caused by a driver not signaling, or making a turn or lane change at an unsafe time, negligence per se is on your side. The compensation you’ll be entitled to will depend on whether there’s any other blame to go around beyond the non-signaling driver’s actions, and on the extent of the damages. These damages will be divided into “special” and “general” categories, which we’ll discuss in more detail below.

Special Damages Are Quantifiable Financial Losses

When you first start taking stock of what you’ve lost to an accident, the obvious first losses that spring to mind will usually be special damages. Things like your car, the money you owe for medical care, and the hours you’ve missed at work all qualify as special damages. All of these losses are eligible for reimbursement in a settlement, but you’ll need to provide thorough documentation of each expense and prove that the non-signaling driver was the cause of them, whether directly or proximately. To learn more about direct and proximate cause, click here.

General Damages Are Emotional, Non-Financial Losses

While special damages are the easiest kinds of losses to tally up, it’s usually the general damages that hurt the most. General damages are the priceless things that many accident survivors lose, such as peace of mind on the road, time at home with family instead of in a hospital, or a fully-functioning, pain-free body. Because these losses can never be truly reimbursed, a great deal is left up to the judge and jury’s subjective personal views when determining the sum of a general damages settlement. Having a dedicated and experienced lawyer on your side to explain the severity of your losses on your behalf can make a tremendous difference in the amount you will receive.

>>> Sometimes truck accidents can lead to fatalities and serious injuries. Consulting an Atlanta truck accident lawyer early enough can help you secure maximum compensation and your injuries, pain, and suffering.

What If a Neglected Turn Signal Caused a Death?

If the accident in question was a fatal one, then your case is not one of personal injury, but of wrongful death. Click here to learn more about wrongful death and how the Wetherington Law Firm can help you find justice for your deceased loved one.

Why Do I Need a Lawyer?

If you’re looking for a way to minimize expenses, as is often the case after a car accident, we promise there are better ways to go about it than representing yourself in your pursuit of fair compensation. Accident survivors with qualified, professional representation almost always end up financially better off than those who try to go it alone. This is partly because the insurance companies who are responsible for paying post-accident settlements are masters of avoiding and minimizing those settlements. An ideal balance sheet for an insurance company is one with lots of premiums paid to them and no settlements paid by them, and their entire business model revolves around making reality as close as possible to that exploitative goal. You need someone just as skilled and experienced on your side to make sure the insurance company pays out what you’re fairly owed. The Wetherington Law Firm can help you do just that.

How to Hire the Best Car Wreck Lawyers in Atlanta

You don’t need to be rich to take on a rich insurance company. At the Wetherington Law Firm, we’re dedicated to making sure the people who need legal representation the most are never forced out of court just because they don’t have the funds to keep a legitimate case going.

When you work with us, you don’t pay a dime until you get the full-sized settlement you deserve. Until then, we’ll work tirelessly to make sure your case is heard fairly, and defend you from any underhanded tricks your insurance company opponent might attempt.

To get started talking to a lawyer about your case, call us any time, or send us an email through the form on the right.

>>> Sometimes, negligence and accidents can result in the loss of a loved one, consulting an Atlanta wrongful death lawyer can help you secure maximum compensation for your loss and psychological trauma.

The Wetherington Law Firm Believes in Making a Difference Bigger than Ourselves

If you feel your case is about more than just your own injuries, and you’re looking for a lawyer who shares your vision for a safer, fairer world, you’ve come to the right place. Whether it’s a poorly designed intersection, a manufacturer’s defect in a car, or a professional driver’s dangerously exhausting work schedule, we believe in examining all of an accident’s contributing factors and addressing any underlying problems.

We’ll be happy to help you use your case to push for lasting change that will protect others, even if it means a bigger challenge with a smaller monetary payoff. As far as you want to go to make the world a better place, we’re behind you.

To learn more about how we’ve used litigation to help others as well as our own clients, give us a call and ask!