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To understand right of way in a turning crash, first identify the movement and the traffic control that applied to it. A left turn across approaching traffic, a right turn on red, and a turn into a driveway raise different questions. A statement that one driver “had the right of way” is a conclusion to check against the actual sequence.
The intersection file should map each road user’s approach, lane, signal or sign, intended movement, first observation, evasive action, contact point, and final position.
Create a movement map
- Intersection geometry, lane markings, stop lines, crosswalks, signs, signal heads, sight restrictions, grade, lighting, and weather
- Direction, lane, intended movement, speed estimate source, signal observation, braking, steering, and first point of contact
- Witness position, camera owner, video time window, device clock accuracy, crash report, and citation disposition
- Damage, debris, tire marks, rest positions, pedestrian or bicycle movement, and later roadway changes
Apply statutes only to verified facts
Do not label a vehicle as favored until the applicable control, movement, and timing are confirmed. Preserve competing diagrams where accounts differ and identify the evidence that could resolve each difference.
Use official records for the questions they can answer
G.S. 20-155 addresses right of way, including a left-turning driver’s duty to yield to opposing traffic already in the intersection or close enough to present an immediate hazard. It is not the statute that sets turn-signal requirements. See North Carolina General Statute 20-155.
Safe movement and signaling are addressed separately in G.S. 20-154. Giving a signal does not establish that the turn was safe, and the statute says its violation is not negligence per se. Identify which duty is at issue rather than treating right of way and signaling as interchangeable.
North Carolina General Statute 20-158 addresses traffic-control signals and identified driver duties. See North Carolina General Statute 20-158.
NCDMV explains current crash-report request methods and privacy limits. See NCDMV: Crash Reports.
Connect each disputed fact to a specific question
For a left turn across traffic, distinguish the start of the turn from the moment of impact. A witness who saw the collision may not have seen how close the approaching vehicle was when the turn began. For a right turn on red, identify the controlling sign, whether the vehicle stopped, and the traffic or pedestrians affected by the turn. Do not assume one driver’s signal color also describes the signal facing another lane.
A diagram can show what each account claims. It cannot establish speed, distance, or reaction time merely because its arrows look precise. Keep unsupported measurements and competing accounts visible; technical conclusions may require qualified review.
Connect the file to the next decision
Compare each account using the same road layout and time sequence. Label a sketch as not to scale unless measurements support its dimensions. If the dispute concerns a driver proceeding on green, the guide to lookout duties at a green light explains why signal permission and reasonable observation are separate questions.
If the available accounts leave the turning sequence unresolved, our car accident team can review what the records show and explain which gaps matter. Preserve the information available without entering traffic or recreating the movement to obtain evidence.
Sources
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