Ticketed for an Accident While Passing, VC 21460

[want to know]

My question involves a traffic accident in the State of: California

Accident: Vehicle 1 (me) was passing vehicle 2, when vehicle 2 turned into my vehicle. Impact: Vehicle 2's left front tire hit my right rear tire.
I began my pass with broken yellow line on my side.
Vehicle 2 at the time of impact was turning left across a double yellow line, NOT into an intersection, driveway, or private road. According to witness, vehicle 2 turned on his signal when I was already next to him and imediatly turned into me.

CHP officer report states cause of accidet was form me "not completing passing movement prior to ending of the broken line" .."a violation of section 2140b VC"

I see nothing in 21460b VC hat has anything to do with his conclusion of my fault. I do see where vehicle 2 was in violation of 21460.
I do see that vhecile 2 was in violation of two addition sections:

§ 22107. No person shall turn a vehicle …..or move right until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter.
§ 22108. Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.

California Vehicle Code § 21460 Effective January 1, 2012
(a) If double parallel solid yellow lines are in place, a person driving a vehicle shall not drive to the left of the lines, except as permitted in this section.
(b) If double parallel solid white lines are in place, a person driving a vehicle shall not cross any part of those double solid white lines, except as permitted in this section or Section 21655.8.
(c) If the double parallel lines, one of which is broken, are in place, a person driving a vehicle shall not drive to the left of the lines, except as follows:
(1) If the driver is on the side of the roadway in which the broken line is in place, the driver may cross over the double lines or drive to the left of the double lines when overtaking or passing other vehicles.
(2) As provided in Section 21460.5.
(d) The markings as specified in subdivision (a), (b), or (c) do not prohibit a driver from crossing the marking if (1) turning to the left at an intersection or into or out of a driveway or private road, or (2) making a U-turn under the rules governing that turn, and the markings shall be disregarded when authorized signs have been erected designating off center traffic lanes as permitted pursuant to Section 21657.
(e) Raised pavement markers may be used to simulate painted lines described in this section if the markers are placed in accordance with standards established by the Department of Transportation.

[jk]

Vehicle 2 at the time of impact was turning left across a double yellow line, NOT into an intersection, driveway, or private road.

so where was he going? Your explanation of the situation suggests he intentionally turned hard left into you. You specifically state there was no intersection, drive, or road. It was a double yellow and you were beside him so he presumably was not making an effort to pass somebody. You specifically state he turned into your vehicle as opposed to wandered left of center or was attempting to dodge something in the road so, are you suggesting he intentionally turned into your vehicle?

[want to know]

so where was he going? Your explanation of the situation suggests he intentionally turned hard left into you. You specifically state there was no intersection, drive, or road. It was a double yellow and you were beside him so he presumably was not making an effort to pass somebody. You specifically state he turned into your vehicle as opposed to wandered left of center or was attempting to dodge something in the road so, are you suggesting he intentionally turned into your vehicle?

He was apparently going to turn into wider paved sholder of the road ot the left, kind of like a turnout, but not posted as such, A vehicle had just passed him before I did. I think some it may have to do with the fact the driver was operating on a learners permit, and was not even supposed to be driving. I sure he didn't intentionally turn into me, but I can not understand how he could not have seen me considering the inpact locations. I was in a large pickup, he in a compact car. I saw him turn into me from my side view mirror, but by then it was to late.....

[jk]

so, he was attempting to cross the road to a shoulder where he would be facing the wrong direction and quite likely, where there isn't any parking permitted?

while you are obviously guilty of passing where it is illegal to do so, that does not remove his liability to drive in a safe manner and make sure it is clear to take any action he intends to take. You cannot take for granted no idiots would be attempting to pass you in a no passing zone so you must make sure the way is clear to make your poorly planned and quite possibly illegal turn.

Of course you suggested he was not using his turn signal so I have based my statement on that situation. If he was using his turn signal, more than likely (given there was some reasonable distance it was used prior to you passing) it would be entirely your fault but still not for the reason cited.

[want to know]

so, he was attempting to cross the road to a shoulder where he would be facing the wrong direction and quite likely, where there isn't any parking permitted?

while you are obviously guilty of passing where it is illegal to do so, that does not remove his liability to drive in a safe manner and make sure it is clear to take any action he intends to take. You cannot take for granted no idiots would be attempting to pass you in a no passing zone so you must make sure the way is clear to make your poorly planned and quite possibly illegal turn.

Of course you suggested he was not using his turn signal so I have based my statement on that situation. If he was using his turn signal, more than likely (given there was some reasonable distance it was used prior to you passing) it would be entirely your fault but still not for the reason cited.

VC 21406 and specifically VC 21406b says nothing about completing passing movement prior to double line. I started the pass at a broken line, there was no on coming traffic and there was clear visability for at least 300 feet. (Witness confirmed). He only put on his signal while was already next to me. (Witness confirmed)
I have two other CHP officers that have told me there is no code that says pass must be completed before a double line.....only that the pass needs to be completed in a safe maner.

[jk]

VC 21406 and specifically VC 21406b says nothing about completing passing movement prior to double line. I started the pass at a broken line, there was no on coming traffic and there was clear visability for at least 300 feet. (Witness confirmed). He only put on his signal while was already next to me. (Witness confirmed)
I have two other CHP officers that have told me there is no code that says pass must be completed before a double line.....only that the pass needs to be completed in a safe maner.

then give the CHP officers a copy of the law:

California Vehicle Code § 21460 Effective January 1, 2012
(a) If double parallel solid yellow lines are in place, a person driving a vehicle shall not drive to the left of the lines, except as permitted in this section.
(b) If double parallel solid white lines are in place, a person driving a vehicle shall not cross any part of those double solid white lines, except as permitted in this section or Section 21655.8.
(c) If the double parallel lines, one of which is broken, are in place, a person driving a vehicle shall not drive to the left of the lines, except as follows:
(1) If the driver is on the side of the roadway in which the broken line is in place, the driver may cross over the double lines or drive to the left of the double lines when overtaking or passing other vehicles.
(2) As provided in Section 21460.5.
(d) The markings as specified in subdivision (a), (b), or (c) do not prohibit a driver from crossing the marking if (1) turning to the left at an intersection or into or out of a driveway or private road, or (2) making a U-turn under the rules governing that turn, and the markings shall be disregarded when authorized signs have been erected designating off center traffic lanes as permitted pursuant to Section 21657.
(e) Raised pavement markers may be used to simulate painted lines described in this section if the markers are placed in accordance with standards established by the Department of Transportation.

unless you see an accommodation to allow you to complete your passing action, it is illegal to be to the left of the double yellow lines as you were and the cops are idiots. If I missed the allowance, then my apologies to the cops but I do not see any such allowance.

[cdwjava]

Were you cited for your action? Or, are you just angry that the CHP officer indicated you were the party most at fault?

If you were merely indicated as being at fault and no citation was issued, then you can always appeal the matter with the DMV to attempt to have the point removed from your record. It's a long shot, but theoretically possible.

If you were past the double yellow and were operating to the left of them, then you were arguably at fault. I would, however, have applied an associated factor for an unsafe turn to the other driver ... maybe even made that turn the PCF (primary collision factor). But, applying 21460 to you is also acceptable.

[want to know]

Were you cited for your action? Or, are you just angry that the CHP officer indicated you were the party most at fault?

If you were merely indicated as being at fault and no citation was issued, then you can always appeal the matter with the DMV to attempt to have the point removed from your record. It's a long shot, but theoretically possible.

If you were past the double yellow and were operating to the left of them, then you were arguably at fault. I would, however, have applied an associated factor for an unsafe turn to the other driver ... maybe even made that turn the PCF (primary collision factor). But, applying 21460 to you is also acceptable.

No citation was issued. Code and all aside.......Say you are following a truck, you can't see around the truck, but you have a divided line. You pull out to pass the truck, because of the size of the truck you can't see that the divided line ends untill you are well into the act of passing. What do you do?

IAslo the California Drivers handbook state
If the driver is on the side of the roadway in which the broken line is in place, the driver may cross over the double lines or drive to the left of the double lines when overtaking or passing other vehicles.

[cdwjava]

No citation was issued. Code and all aside.......Say you are following a truck, you can't see around the truck, but you have a divided line. You pull out to pass the truck, because of the size of the truck you can't see that the divided line ends untill you are well into the act of passing. What do you do?

Legally, you do not pass. If you cannot see safely around the truck to note the condition of the road at the other end, you don't pass.

IAslo the California Drivers handbook state
If the driver is on the side of the roadway in which the broken line is in place, the driver may cross over the double lines or drive to the left of the double lines when overtaking or passing other vehicles.

That's when there are broken yellow lines on your half of the double yellow. It's not a free pass to just keep right on going. These double yellow dividers might have solid on one side and broken on the other - that allows the driver on the broken line side to pass over so long as it is lawful AND SAFE to do so.

So, if not cited, what's the excitement about? The point on your license?

Understand that the insurance companies are under no legal obligation to assign fault the same way the CHP did. Your company can raise their fist in the air and proclaim your innocence if they choose to do so. Or, they can castigate you. Then you can seek arbitration or whatever remedy is available to you per your contract.

[want to know]

Legally, you do not pass. If you cannot see safely around the truck to note the condition of the road at the other end, you don't pass.


That's when there are broken yellow lines on your half of the double yellow. It's not a free pass to just keep right on going. These double yellow dividers might have solid on one side and broken on the other - that allows the driver on the broken line side to pass over so long as it is lawful AND SAFE to do so.

So, if not cited, what's the excitement about? The point on your license?

Understand that the insurance companies are under no legal obligation to assign fault the same way the CHP did. Your company can raise their fist in the air and proclaim your innocence if they choose to do so. Or, they can castigate you. Then you can seek arbitration or whatever remedy is available to you per your contract.

My insurance company says I am not at fault.....I just honestly belive I didn't do anything wrong. I have had two other CHP officers tell me that you do not need to complete the pass before double lines apear again, as long as you start at a broken line. I was just hoping to keep things simple....it now looks as though I will be needing a laywer to recover my medical expense. My car was totaled, and I suffered injuries. The other driver and a minor dent and no injuries. It just seems that the infractions the other driver commited should be included in the collision report.