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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Improper Lane Change at Red Light, Guy Backs into Me

    My question involves a traffic ticket from the state of: Georgia

    Hello,
    I recently received an imporper lane change citation (40-6-48) that involved an accident.

    6 lane divided road at a red light (Red). I was the first car in middle lane, other guy was first car in right lane. We were the only cars at at the intersection. As I approached the intersection and stopping for light I decide I needed to be in the right lane (to turn right at intersect when light goes green). The guy was already stopped at the light. There wasn't enough road left behind the guy for me to complete a lane change. So, he was first car at light and I was in mid lane change right behind him. No other cars (at time of accident). We were both stopped and I was maybe 2-3 feet off his rear bumper. He puts his car in reverse and backs into me. He couldn't see my car in his rear view, but was in plain sight in his side view mirror (not that he should have used it).

    Office arrives and sees my car taking up two lanes and now other traffic all around.

    Everyone left on good terms. Only my car has any damage. Can I dispute the citation (with a valid point/s) in court?

    Thanks!

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Improper Lane Change at Red Light, Guy Backs into Me

    Hmmm -- this is a tough one. Of course, you realize you should have stayed in your lane until the light turned green, then changed lanes and made your right turn. However, I wonder why the other guy didn't receive a ticket, also.

    While OCGA § 40-6-48 states:
    Quote Quoting § 40-6-48
    § 40-6-48. Driving on roadways laned for traffic


    Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this Code section, shall apply:

    (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety....
    OCGA § 40-6-240 says
    Quote Quoting § 40-6-240
    § 40-6-240. Backing


    (a) A driver shall not back a vehicle unless such movement can be made with safety and without interfering with other traffic....
    So, just as you must drive entirely within a lane until it's safe to change, the other driver must not back his vehicle until it's safe to do so. Clearly, if he backed into you, it was not safe to do so.

    As far as the ticket goes, it's "iffy". I doubt you'd prevail. I guess you can argue that you were "as nearly as practicable" within your lane, until you decided to change lanes. Since it's impossible to remain "entirely within a single lane" WHILE you're changing lanes, you got caught in between, since the light turned red and you ran out of room.

    However, your insurance company (if you actually filed a claim) will probably assign "some" of the blame for the accident to the other guy -- at least I would if I were the adjuster.

    Good luck,
    Barry

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Improper Lane Change at Red Light, Guy Backs into Me

    Thank you for your reply!

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