Collision with Car Making Right Turn from Curb Lane

[Citizen_Jim]

I was in the right-hand lane of a California street that has two lanes in each direction. Upon reaching an intersection (controlled by a traffic light, green at the time), I made a right turn onto the cross street. The cross street has only one lane in each direction. Part way through the turn, my right rear door and wheel were bumped by another car, which evidently had been traveling in the same direction as me. (I didn't see the car until after the accident.)

The other driver stated that he had been in the "right turn lane" and that he had signalled. Judging from the markings on the street, however, there does not appear to be a "right turn lane". There is in fact enough room for a third lane of cars but there are only two marked lanes.

The right-hand margin of the street is marked for parking spaces until about 50 feet before the intersection. Then there is a driveway leading into a parking lot, and finally there is a strip of curb, perhaps 15 feet long, which is painted red. After the parking spaces, there are no markings in the street to indicate an additional traffic lane.

I don't know how the other driver came to be so close to the curb. Perhaps he had been parked in the red zone, or perhaps he came from the parking lot. Be that as it may, the vehicle code says that right turns are to be initiated as close as practicable to the right-hand curb.

Who is at fault?

[Mr. Knowitall]

Maybe you, maybe him. It will depend upon exactly what happened.

For example, if he was sitting next to you at the intersection with his turn signal on, you didn't see him, and you turned in front of his car, cut him off and hit him, then it would appear that you're at fault.

[That Guy]

Be that as it may, the vehicle code says that right turns are to be initiated as close as practicable to the right-hand curb.

Exactly, and since his left front side hit the right rear side of your vehicle (i.e. he was between you and the curb), you were not as close as practicable to the right-hand curb or edge of the roadway as required by vehicle code section 22100(a).

[sniper]

Was your turn signal on?

[Citizen_Jim]

Was your turn signal on?

Yes, my signal was on. I should have added that I turned in exactly the same manner as almost every other driver. (I returned the intersection and videotaped about 20 other cars making the same turn.)

My position is that the other driver was re-entering the main flow of traffic from the shoulder, and therefore should have yielded to me.