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Who Was At Fault In This Accident?

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  • Who Was At Fault In This Accident?

    I was recently involved in an accident in Los Angeles, CA. I was driving the black car.

    This accident occurred around 5:00 PM on a weekday, I slowed down then stopped in preparation to turn left. The driver of the yellow vehicle stopped to create a gap for me. I proceeded through slowly, after passing the yellow car the silver car braked and slid for a split second and then hit the side of my car. The silver car was moving faster than the surrounding traffic, but he was not going excessively fast.

    I would like to know who was at fault in this accident? Was the left turn I made legal? The yellow lines that can be seen are double yellow lines however as you can see there is a large break in the double yellow lines where I made the left turn.





    Thanks.

  • #2
    Assuming you had a green light and not a green arrow, In NC you would be at fault.
    sigpic

    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

    Comment


    • #3
      Thanks for the reply. In the intersection where this occurred there were no traffic lights.

      Comment


      • #4
        He still had the right of way, not you.
        sigpic

        I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

        Comment


        • #5
          I see, Was making a left turn there legal?

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          • #6
            Appears it is unless there are street level signs I can't see that say no left turn. You are required to yield to oncoming traffic.
            sigpic

            I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

            Comment


            • #7
              BINGO. Smurfette has it right. You are required to yield to oncoming traffic.

              Comment


              • #8
                Under California Vehicle Code Section 21801(a) you would be at fault.

                Left-Turn or U-Turn

                21801. (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

                (b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.

                Amended Ch. 272, Stats. 1993. Effective August 2, 1993.
                Subsection (b) does not apply because, the vehicle that stopped to allow you to turn can surrender his right of way, but he cannot surrender the right of way of any other vehicles. Even though the vehicle that hit you was driving faster than the other lanes, his lane was open and he had the right or way to which you must yield. The last six words of the section are what are truly applicable: "...can be made with reasonable safety."
                Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                [George Washington (1732 - 1799)]

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                • #9
                  Ahh what the heck....at fault in MA as well. You are required to yield the right of way in this scenario.

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                  • #10
                    Thanks for the info, very helpful.

                    Now I would like to find somewhere within the vehicle code that shows definitively that the left turn I made in it self was legal.

                    Does anyone know where I can find this?

                    Comment


                    • #11
                      Originally posted by ZJamaican View Post
                      Thanks for the info, very helpful.

                      Now I would like to find somewhere within the vehicle code that shows definitively that the left turn I made in it self was legal.

                      Does anyone know where I can find this?
                      I don't think you are going to find anything that specific says making the left turn was legal. Generally speaking, under US law most conduct is "legal" as long as there is not a law specifically prohibing it.

                      Even though the turn was not illegal, in California you still had a duty to yield right of way to oncoming traffic under the section SgtCHP cited. I'm afraid you are the at fault drive on this one.
                      Going too far is half the pleasure of not getting anywhere

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                      • #12
                        NJ is a no fault state, so your insurance companies will more than likely just their clients repair bill and call it at that. On a lighter note, you appear to be at fault.
                        Being a good street cop is like coming to work in a wet suit and peeing in your pants. It's a nice warm feeling, but you're the only one who knows anything has happened.

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                        • #13
                          In MD, you would be at fault. In regards to the turn being legal, here it would be legal unless there was something prohibiting you from making the turn (No Left Turn sign or No Turns signs). In MD, If there is no signage or anything to prohibit you from making the turn, it would be legal to do so as long as it is safe to do so in regards to oncoming traffic. This is the reason I would have found you at fault, even if the turn were legal.

                          I do believe some states forbid left turns from major or divided roadways but every time I've passed through those areas, there have always been signs posted (parts of NJ for example).

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                          • #14
                            You're at fault.

                            Forget the above post about 'no fault' as that's an insurance term which deals with medical bills/tort claims, not actual 'fault' for accidents. It's a misnomer that constantly shows up in these online discussions.

                            Driver turning left into the path of oncoming traffic with the right-of-way has the greater duty...

                            Comment


                            • #15
                              Originally posted by ZJamaican View Post
                              Thanks for the info, very helpful.

                              Now I would like to find somewhere within the vehicle code that shows definitively that the left turn I made in it self was legal.

                              Does anyone know where I can find this?

                              I thought they covered that in drivers education. Don't turn left in front of other cars.

                              Any turn you can think of is legal unless otherwise posted, or there's another car coming.
                              "Why is common sense so rare?" - Me

                              By the way.. They aren't "Clients" or "Customers" they're CRIMINALS... sheesh

                              Comment

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