Spartanburg, SC asked in Car Accidents for South Carolina

Q: Did I do an unsafe lane change? If so, explain.

I had the left protected green arrow. As I'm entering the intersection and almost to the median I see a vehicle doing a right turn on red. Rather than her turning into the right lane, as I thought she's supposed to do, she begins to go into the center lane. She's moving slowly. (I don't know if she checked traffic. She couldn't have because she would've saw my vehicle moving before she began moving or she clearly misjudged my speed and the amount of time she had to get on the road). As I'm turning into the center lane my passenger's front side of my vehicle ends up making contact with her back vehicle's quarter panel. My claim was denied because they said I made an unsafe lane change. (I thought in order to make a lane change your vehicle had to be straight and it meant I had to already have been in one lane and was making my way into another lane). (The FR 10 form puts the other party at fault for this accident.) I think this entire accident could've been avoided by the other party.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: A claim denied isn't a legal finding. You need to see if there is video of the intersection covering the time involved.Do this ASAP as they aren't kept around for a long time as it eats up storage. A lot depends on who was where when. However South Carolina is, I believe, a comparative negligence statute and her turning into the center lane when you had the green arrow makes her more at fault.

Finally, if you have the green arrow what is it for her? If the sign says "no right turn on red" and she did--game set match for you.

If you were hurt contact Carl Jacobson in Charleston. Said I suggested you call.

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