Swerving to Avoid an Oncoming Car, Cited for Unsafe Lane Change

[bettysdad]

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

Vehicle code 21658 (a)

A car coming at me forced me to serve to my right, and I hit a parked car.

I was given a ticket for 'Unsafe Lane Change" CA VC 21658 (a).

As I read the code a lane has to be marked so that it can BE a lane,

Did I actually change lanes?

[cdwjava]

Here is the section:

21658. Whenever any roadway has been divided into two or more
clearly marked lanes for traffic in one direction, the following
rules apply:
(a) A vehicle shall be driven as nearly as practical entirely
within a single lane and shall not be moved from the lane until such
movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to
use a designated lane or allocating specified lanes to traffic
moving in the same direction, and drivers of vehicles shall obey the
directions of the traffic device.

Yes, it can be charged under the circumstances indicated. You can always try to argue a necessity defense and hopefully someone else saw this mystery vehicle coming at you. No matter, you will also likely be liable for civil damages to the parked vehicle no matter the outcome of the court trial.

[EWYLTJ]

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

Vehicle code 21658 (a)

A car coming at me forced me to serve to my right, and I hit a parked car.

I was given a ticket for 'Unsafe Lane Change" CA VC 21658 (a).

As I read the code a lane has to be marked so that it can BE a lane,

Did I actually change lanes?

You should write your post assuming that readers are not familiar with the situation. Your post is quite vague.

-How many lanes were on the road you were on?
-Was the car that was parked in a section deliniated by lines on the street?
-Why did you swerve? Was the car coming at you over the yellow line?

I agree that your insurance company will likely accept responsibility for the civil claim, but I'm sure you are not here asking about civil responsibility, you are here asking about the ticket... right?