Rear End Accident - Who is at Fault

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


Driving on interstate 580 today, it is a three lane interstate with a shoulder on both sides. I was traveling in the left lane, speed limit 55 I was driving 57. Came around a corner and saw a pickup truck packed with hay bales coming across the three lanes with no turn signal on. He moved across all the lanes in about a two second fell swoop that encompassed about 50ft.

Truck was on the right hand shoulder coming across all the lanes trying to make it to the left hand shoulder (to pick up more bales or something.) He was going about 20mph as he crossed the three lanes of traffic. I did not have time to react and stop because he immediately presented his vehicle in my lane. I rear ended him and totaled my car. I was NOT cited for failure to yield (or cited for anything) and the cop yelled at him saying "are hay bales worth peoples lives?" (dont know if he was cited for unsafe lane change.) I also have an independent (another car not mine) witness which will testify that he made this lane change without a turn signal and caused the accident.

Trying to figure out who is at fault, any advice would be sincerely appreciated. I would like to think that he is at fault since he violated the California vehicle code 22400, 21658, 22107, 22108,22110.

22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.
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.
22107 Unsafe turn, and/or without signaling.
22108 Turning without signaling last 100 feet.
22110 Signals shall be given by signal lamp, unless a vehicle is not required to be and is not equipped with turn signals. Vehicles not required to be and not equipped with turn signals shall give a hand and arm signal.

I am hurt pretty badly and am seeking immediate medical attention. Any advice or tips on how to "help" my or his insurance see it my way would be sincerely appreciated.

Thank you for your time!

Best Regards,
Hurt Guy with a broken car that needs to go to work to pay bills for disabled father

depending on whether the guy had had a rightful claim to the lane or he cut you off would be the determining factor. If he cut you off, I would think he was at fault. If he had a claim to the lane, it is your fault.

I believe I was in control of my lane.

He abruptly moved from the right hand shoulder into the left lane within a 50ft distance without signaling once or stopping in any lane. With those details, in your opinion (j/K) did he cut me off by improperly changing lanes?

It seems to me a clear case of being cut off, but my perspective is obviously biased.

Any more comments or suggestions would be greatly appreciated.

Come back when you or your insurance company get a copy of the police report... it should say what folks were charged with.

Did you pull a ticket from the accident?

I did not get a ticket, and cop was nice to me but yelled at the other driver. Dont know what that means.

A poignant point would be to describe the point of collision. I hit his back drivers side panel and bumper. Didnt really hit the passenger side of his bumper at all. When he crossed the first two lanes he was literally perpendicular (I could see his drives side window) to me and making basically a very wide turn into the left lane of the interstate.

to me, it's still a tough call. It sounds like the other guy might be at fault but depending on the totality of the situation, it could also be determined to be your fault.

To all the doubters and naysayers out there. It is clearly the other guys fault, the police report says it, my insurance says it, I say it, my witness says it, and yes even HIS insurance says it. Thanks for a load of nothing expertlaw.com

Except CyJeff which made the only poignant comment on here. Thanks for your time.

Quote:

---

Quoting jk

---

a rightful claim to the lane

---

What would constitute this?

Quote:

---

Quoting Tort

---

What would constitute this?

---

to be fully in the lane without having cut off the driver behind. Once the driver in front has fully entered the lane and has not changed lanes in an unsafe manner to get there, it is his lane.

Quote:

---

Quoting konakings

---

To all the doubters and naysayers out there. It is clearly the other guys fault, the police report says it, my insurance says it, I say it, my witness says it, and yes even HIS insurance says it. Thanks for a load of nothing expertlaw.com

Except CyJeff which made the only poignant comment on here. Thanks for your time.

---

who was a doubter or naysayer? I simply said I could not make the determination based on what your presented. Simply not enough info.

Of course, the police, and all the others you mention had access to more info than you presented here.

and none of those you listed mean a damn thing if it goes to court. A court is the only entity that can state who is culpable, legally.