When you’re involved in a car crash, one question tends to rise to the top fast: Who had the right-of-way?Right-of-way rules don’t just decide fault on the road — they can directly impact your insurance claim, your compensation, and sometimes, whether your claim gets paid at all. In Georgia, failure to yield is one of the most common causes of traffic accidents. According to the Georgia Governor’s Office of Highway Safety, failure to yield was a contributing factor in over 20,000 crashes in 2022 alone.If you’re in an accident and someone accuses you of failing to yield to oncoming traffic, expect the insurance company to zero in on that. And if you were cited for failing to yield the right of way, your claim might be in trouble — even if you weren’t totally at fault.Right-of-way laws aren’t always as obvious as they should be. The truth is, many drivers don’t fully understand them. That includes terms like “left roadway meaning insurance,” which insurers and law enforcement use when a driver departs their lane improperly or enters an intersection without priority. If you’re making a claim, that language can matter more than you think.Let’s break down what all of this means, how it affects your insurance claim, and what you can do about it.
Right-of-Way Basics: Who Goes First
Right-of-way rules exist to prevent crashes. They determine who legally has the right to move through an intersection, merge point, or crosswalk first. Violating those rules often means the driver is considered negligent — and that’s a major factor in an insurance claim.Examples include:
- Turning left in front of oncoming traffic.
- Merging without waiting for a clear gap.
- Rolling through a stop sign into moving traffic.
- Ignoring a yield sign at a roundabout.
In each case, failing to yield the right of way could lead to you being held at fault.
Georgia Law and Right-of-Way
In Georgia, the law is specific on this. Under O.C.G.A. § 40-6-71, a driver intending to turn left must yield to any oncoming vehicle that is close enough to be an immediate hazard. Similarly, O.C.G.A. § 40-6-73 covers failure to yield when entering a roadway from a private drive, alley, or side street.Violating these laws doesn’t just get you a traffic ticket. It gives insurers a reason to assign you a majority fault.Let’s say you’re found 60% at fault for failing to yield to oncoming traffic at an intersection. Under Georgia’s modified comparative negligence rule, you won’t be able to collect any damages from the other driver — even if they were also acting recklessly.
Insurance Adjusters and Fault
Insurance adjusters don’t care who had the worst injuries. They care about fault — and how to limit their payout. Right-of-way violations are easy to prove, especially when:
- The police report includes a citation for failure to yield.
- The crash diagram shows vehicle positions clearly.
- There’s dash cam or surveillance footage.
Adjusters may also refer to the term “left roadway” to indicate that a vehicle left its lane without legal justification — something that almost always signals fault in the eyes of an insurer. When they include “left roadway meaning insurance” in their internal notes or claim summary, it’s likely you’ll face reduced or denied compensation.
Common Right-of-Way Crash Scenarios
- Left Turn Across Traffic You’re at an intersection with a green light. You turn left but misjudge the speed of an oncoming car. You’re hit. You may think the other driver could have slowed down — but legally, you were responsible for yielding.
- Side Street or Driveway Entry You pull out of a driveway onto a main road. You look both ways but don’t see a fast-moving vehicle. If that driver hits you, insurers may claim you failed to yield the right of way.
- Stop Sign Without a Full Stop You stop briefly, then go — but don’t fully yield to another car already in the intersection. You’re considered at fault.
- Roundabout Merge You enter a roundabout without waiting for a clear lane. Someone hits your passenger side. Again, that’s on you for failing to yield.
- Bicyclists or Pedestrians in Crosswalks Pedestrians always have the right-of-way at marked crosswalks. If you hit someone crossing the street legally, the insurance company won’t hesitate to assign you fault.
FAQ: What You Need to Know
Can I still recover damages if I was partially at fault? Yes, as long as you’re less than 50% at fault. Your payout will be reduced by your share of fault. If you’re found 30% at fault, you’ll get 70% of your damages.What if the other driver didn’t yield but lied about it? That’s common. Get a police report, talk to witnesses, and consider installing a dash cam. In disputed right-of-way crashes, video evidence is often the deciding factor.Does a failure-to-yield ticket guarantee I lose my claim? Not necessarily. A good attorney can challenge the ticket or prove that the other driver contributed to the crash, shifting fault percentages in your favor.Why does “left roadway” show up on my claim summary? It usually means the insurance company thinks you turned, swerved, or exited your lane improperly. This can be used to assign you higher fault — especially in failure-to-yield cases.
What to Do After a Crash Involving Right-of-Way
- Call 911 – Get a police report. Don’t let the other driver talk you out of it.
- Take Photos – Show traffic signs, skid marks, and damage angles.
- Speak Carefully – Don’t admit fault at the scene. Just report what happened.
- Call The Roth Firm – A personal injury attorney can protect your rights and deal with the insurance company.
Why It Matters
Injuries, lost wages, and medical bills pile up fast after a crash. If you’re wrongly blamed for failing to yield to oncoming traffic, the insurance company might try to minimize or deny your compensation altogether. Even when the facts aren’t on their side, they’ll use confusing terms like “left roadway” to make it harder for you to fight back.That’s where a law firm makes the difference — and not just any firm.
Contact The Roth Firm Today
At The Roth Firm, we focus exclusively on personal injury law. We understand how right-of-way violations are used to shift blame, reduce claims, and pressure you into unfair settlements. We’ve handled thousands of cases involving failing to yield the right of way, disputed liability, and left roadway allegations.You don’t have to guess how to respond to insurance adjusters or fight over traffic codes. We’ll take it from here.Call The Roth Firm today for a free consultation and get real answers about your rights.Get the support you need. Get The Roth Firm on your side.