A driver with a protected left makes a wide left and collides with a car making a right on red. How is fault assigned?

UPDATED: Sep 30, 2022

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A driver with a protected left makes a wide left and collides with a car making a right on red. How is fault assigned?

Drivers are in South Carolina. Drivers start out opposite each other, and are
turning onto the same road. The road being turned into has two lanes, meaning the
drivers could both have turned safely. The driver turning left intends to enter
the rightmost of the lanes. Is fault fully on the driver turning left, or are
both drivers partially at fault?

Asked on December 19, 2016 under Accident Law, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Both drivers are at fault. 
The driver making a right turn on red should have been certain that the path was clear prior to turning.
By protected left, I assume you mean turning on a left turn green arrow or otherwise having the right of way; however, when making a left turn, the driver should have yielded.
Some states have comparative negligence where each party is assessed a percentage of fault. 

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