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!

