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Failure to Yield vs. Left Turn Lane Violation, Liability Dispute

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  • 10-12-2010, 03:28 PM
    scruzgeek
    Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    My question involves a police incident report from the state of: California

    Never thought I'd have to be asking a question here, but...

    The police report for the accident indicated that I was at fault. While I haven't obtained the full report yet, an insurance agent summarized the officer's comments as I was at fault for 'failure to yield', and I can only assume that it was to oncoming traffic.

    I was here:
    Location coming OUT of the driveway just past the one with the black car, and attempting a left turn towards the camera.

    - oncoming traffic was not clear - there was a tractor-trailer approaching from my left (from the camera) The truck turned on the right turn indicator, then came to a stop just before my position, wanting to turn in to my driveway but not being able to fit.

    - with the truck stopped, I inched out until my nose was even with the far side of the truck, determined as best I could that it was clear in both directions, then started into the left turn lane.

    - I was only 3 feet or so into the turn lane when the other vehicle struck mine, going around at least 30 miles an hour. The first anyone in my vehicle saw of it was when its grill was in our side window. The center/license plate of the other vehicle struck my front wheel and fender.

    - A picture of the collision site shows the other vehicle resting in the middle of the left turn lane.

    - we were told by one of our insurance agents that he said in his statement, and by the other driver at the time, that he was passing the truck.

    Even assuming that there is some exception to the Left Turn Lane use, wouldn't the other driver be at fault, or at least equally at fault for not exercising due caution when passing a stopped/slowed vehicle in this area? (I've reviewed much of the CVC, but I'd like to hear what others think without my comments)

    Thanks for your time!
  • 10-12-2010, 03:59 PM
    That Guy
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Quote:

    Quoting scruzgeek
    View Post
    My question involves a police incident report from the state of: California

    Never thought I'd have to be asking a question here, but...

    The police report for the accident indicated that I was at fault. While I haven't obtained the full report yet, an insurance agent summarized the officer's comments as I was at fault for 'failure to yield', and I can only assume that it was to oncoming traffic.

    I was here:
    Location coming OUT of the driveway just past the one with the black car, and attempting a left turn towards the camera.

    - oncoming traffic was not clear - there was a tractor-trailer approaching from my left (from the camera) The truck turned on the right turn indicator, then came to a stop just before my position, wanting to turn in to my driveway but not being able to fit.

    - with the truck stopped, I inched out until my nose was even with the far side of the truck, determined as best I could that it was clear in both directions, then started into the left turn lane.

    - I was only 3 feet or so into the turn lane when the other vehicle struck mine, going around at least 30 miles an hour. The first anyone in my vehicle saw of it was when its grill was in our side window. The center/license plate of the other vehicle struck my front wheel and fender.

    - A picture of the collision site shows the other vehicle resting in the middle of the left turn lane.

    - we were told by one of our insurance agents that he said in his statement, and by the other driver at the time, that he was passing the truck.

    Even assuming that there is some exception to the Left Turn Lane use, wouldn't the other driver be at fault, or at least equally at fault for not exercising due caution when passing a stopped/slowed vehicle in this area? (I've reviewed much of the CVC, but I'd like to hear what others think without my comments)

    Thanks for your time!

    Here are my comments:

    CVC 21804. (a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.


    And just to clarify 21804, here is VC 620:
    CVC 620. The term "traffic" includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel.


    Your entering the highway, and the subsequent collision is prima facie evidence of your failure to yield the right of way to oncoming traffic.

    Furthermore, his ending up in the center lane could be the result of one of two thing (or both)... One, the impact pushed him farther to his left... Or, more likely then that, by him trying to avoid a collision, he swung left and ended up in the center lane...
  • 10-12-2010, 04:31 PM
    scruzgeek
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Thank you!

    I take it the term "highway" is a generic term for a two-way street like this one and is appliccable here?

    Also (and here's where it's clear I'm a layman) is there some precedence that occurs when comparing violations, or is it that all burdens are placed on the vehicle entering the roadway regardless of the behavior of traffic?
  • 10-12-2010, 05:10 PM
    That Guy
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Quote:

    Quoting scruzgeek
    View Post
    I take it the term "highway" is a generic term for a two-way street like this one and is appliccable here?

    Here is how a "highway" is defined:

    CVC 360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.


    Quote:

    Quoting scruzgeek
    View Post
    Also (and here's where it's clear I'm a layman) is there some precedence that occurs when comparing violations, or is it that all burdens are placed on the vehicle entering the roadway regardless of the behavior of traffic?

    Well, under the circumstances, your "failing to yield the right of way" would be considered a "primary collision factor". His being in the center lane (or more likely, him "ending up" in the center lane), did not in any way contribute to the accident had you properly yielded the right of way. In other words, had you properly yielded, even with him passing in the center lane (even if that did in fact constitute a violation), the accident would not have occurred.
  • 10-12-2010, 05:30 PM
    scruzgeek
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Thanks again! Seems pretty definitive, if disappointing.

    Seems the only way to get to the left out of that situation without being liable for an accident is to turn right and then U-turn or then left into a driveway on the other side and turn from there.
  • 10-14-2010, 12:19 AM
    adam_
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Quote:

    Quoting That Guy
    View Post
    Well, under the circumstances, your "failing to yield the right of way" would be considered a "primary collision factor". His being in the center lane (or more likely, him "ending up" in the center lane), did not in any way contribute to the accident had you properly yielded the right of way. In other words, had you properly yielded, even with him passing in the center lane (even if that did in fact constitute a violation), the accident would not have occurred.

    But the driver that struck you was passing the stopped truck where there was only one lane, correct?

    Perhaps others can post on whether or not the other driver was passing legally and if he was passing illegally are you still at fault? I mean if the other driver hadn't passed illegally the accident would not have occurred.


    I guess in this situation you are expected to sit there in a 'mexican stand-off' with the truck unable to turn, and you unable to proceed since you cannot determine if moving will be a 'failure to yield'.

    If you were the driver of the other car, posting in the forum and complaining about getting a ticket for illegal passing, you'd get a different response. ("When you passed in the left turn lane it was a violation of the law and caused the accident".)

    Not sure I'd give up on just one persons' input.
  • 10-14-2010, 11:49 AM
    scruzgeek
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Thanks Adam, that's exactly the situation and definitely the position we'll take in arguing against the judgement. I think the hurdle is what ThatGuy mentioned - "primary collision factor" - which would put our liability at > 51% if these are the only violations being considered. I still don't have the report, but the other driver suposedly admitted to using the lane to pass. I had to point out the the officer that it was a center turn lane - it's possible he still didn't believe me or maybe didn't remember that when it came time to write the report as I didn't see him jot it down at the time, and if that's not in the police report it would be a major omission. And it's very apparent in the map photo.

    The big problem I have with the breadth of application of Failure To Yield is that it absolves any vehicle that is already on the highway of any liability and of any responsibility to exercise caution with respect to vehicles entering the roadway, even to the extent where they can be comitting violations.

    I'll be looking for other codes that may apply to the situation - maybe speeding/too fast for conditions given that the area became a 'blind driveway' situation with the stationary truck - even if someone were using the lane legally, 30-40mph may be too fast for the situation.

    I haven't given up, I've just given up any hope or expectation of prevailing, which is a big downturn from the initial sense from everyone in my car (full car, 3 passengers) and even my insurance company.
  • 10-14-2010, 12:30 PM
    That Guy
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Quote:

    Quoting scruzgeek
    View Post
    The big problem I have with the breadth of application of Failure To Yield is that it absolves any vehicle that is already on the highway of any liability and of any responsibility to exercise caution with respect to vehicles entering the roadway, even to the extent where they can be comitting violations.

    I'll be looking for other codes that may apply to the situation - maybe speeding/too fast for conditions given that the area became a 'blind driveway' situation with the stationary truck - even if someone were using the lane legally, 30-40mph may be too fast for the situation.

    I haven't given up, I've just given up any hope or expectation of prevailing, which is a big downturn from the initial sense from everyone in my car (full car, 3 passengers) and even my insurance company.

    Glad you mentioned "speeding" as that was the example I intended on using...

    Let us assume that he was, in fact, speeding... (as opposed to possibly using the center lane to pass). Does that absolve you of your responsibility to yield the right of way? Does the fact that he was speeding suggest that he should stop, allow you to cross in front of him to avoid a collision?

    The other questions that are pertinent here are, were you cited for failure to yield? Was he cited for using the center lane, for speeding or any other possible violation?

    Regardless of who was cited and for what, one driver's alleged violation in not in any way, an affirmative defense to the other driver's alleged violation. In other words, if you were cited for failure to yield, arguing "well, he was speeding so I should be found 'not guilty'" will not likely work in court!

    The element of the violation that must be met by the prosecution to secure a conviction for "failing to yield" is whether you, as the driver entering the roadway from a driveway, did yield to oncoming traffic on that roadway... The prosecution's burden to prove (beyond a reasonable doubt) that you failed to yield, can be easily met by virtue of the fact the a collision occurred.

    On the other hand, and in your defense of that violation, you must be able to raise sufficient doubt as to whether you yielded the right of way or not... An uphill climb considering the fact that a collision occurred.

    With that being said, you should keep in mind that a "police report" can not be used in court, neither against you nor in your defense. The way I understand it, a police report is usually used in assigning fault for DMV purposes so that the DMV can assign a violation point to the "at fault" driver.

    On the other hand, it is very rare for an insurer to follow the conclusions in a police report; instead, they will conduct their own investigation and make their own conclusions as they assign "fault" to each driver. So while one driver might be considered as being "at fault" for purposes of a police report, an insurer's conclusion can end up showing "shared fault" between both.
  • 10-14-2010, 01:44 PM
    Gravity
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Wait, isn't it reasonable to assume that other drivers are following the rules of the road? The normal travel lane North had a vehicle making a right-hand turn. OP should reasonably be able to assume that the center turn lane is being used only for legal low-speed turning maneuvers. The CVC states "...and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety." It seems that inching into the turn lane constitutes reasonable safety as anyone using the lane properly would be able to avoid a collision. I'd say that someone using the turn lane as a normal travel lane to illegally pass a vehicle is the primary collision factor, not failure to yield.
  • 10-14-2010, 03:01 PM
    That Guy
    Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute
    Quote:

    Quoting Gravity
    View Post
    Wait, isn't it reasonable to assume that other drivers are following the rules of the road?

    Sure, and even if they were not following the rules of the road, their alleged violation (even if they were cited for it) is NOT an affirmative defense against the scruzgeek's charge of failing to yield (assuming he was even cited for that).

    Quote:

    Quoting Gravity
    View Post
    The normal travel lane North had a vehicle making a right-hand turn. OP should reasonably be able to assume that the center turn lane is being used only for legal low-speed turning maneuvers.

    While it is indeed reasonable to make such an assumption, we all know that there are no guarantees as to how other drivers choose to drive or whether they choose to maneuver legally or not. So again, passing in the center lane and/or doing so at an unsafe/unreasonable speed does not change the fact that scruzgeek must yield to traffic approaching on that same highway.

    Quote:

    Quoting Gravity
    View Post
    The normal travel lane North had a vehicle making a right-hand turn. OP should reasonably be able to assume that the center turn lane is being used only for legal low-speed turning maneuvers. The CVC states "...and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety."

    Note that the code section I cited above does NOT specify where the traffic is or whether it is headed northbound/southbound/center lane... It clearly states "shall yield the right-of-way to all traffic... approaching on the highway". The other driver's vehicle is, by definition "traffic", and it was approaching on the highway in that it was moving in towards his location.

    So if we tag scruzgeek's vehicle as "A" and the other vehicle as "B", just because "B" was in the center lane or because "B" may have been speeding, or both does not mean that "B" gave up the right of way to "A"...

    Quote:

    Quoting Gravity
    View Post
    It seems that inching into the turn lane constitutes reasonable safety as anyone using the lane properly would be able to avoid a collision. I'd say that someone using the turn lane as a normal travel lane to illegally pass a vehicle is the primary collision factor, not failure to yield.

    And yet the "inching forward" action on the part of the OP did not necessarily cause the accident. He could have "inched forward" up to a point where the other vehicle had enough room to pass through without colliding with his. Had he inched forward and yielded properly as other traffic was approaching, the accident would not have occurred. Yet he inched forward up to a point where his presence in the roadway blocked the free movement of other traffic approaching on the highway which resulted in an accident and therefore, he failed to yield.

    Quote:

    Quoting Gravity
    View Post
    It seems that inching into the turn lane constitutes reasonable safety as anyone using the lane properly would be able to avoid a collision.

    And the OP is free to make that argument three times over:
    • Once in court (assuming he was cited for failing to yield);
    • Another time when he receives the police report and assuming it establishes that his failure to yield is the primary collision factor (however keep in mind that his disputing the findings of a police report may not necessarily result in having the officer amend those findings);
    • And a third time when he makes a statement to his insurer or to the other party's insurer.

    Also keep in mind that each of those three venues utilizes a different standard for proving/disproving fault or guilt...

    Let me qualify ALL my remarks by stating that I am only basing my statement on the information provided by scruzgeek. Not only would it be difficult for him to provide all the pertinent facts, but the ultimate decision would also require an assessment of the statements of the other driver.
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