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    San Rafael, CA
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    Default 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!

  2. #2
    Join Date
    Mar 2009
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    Default 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...

  3. #3
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    Oct 2010
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    San Rafael, CA
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    Default 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?

  4. #4
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    Default Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute

    Quote Quoting scruzgeek
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    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.

  5. #5
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    Oct 2010
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    San Rafael, CA
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    Default 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.

  6. #6
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    Default Re: Failure to Yield vs. Left Turn Lane Violation, Liability Dispute

    Quote Quoting That Guy
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    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.

  7. #7
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    Default 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.

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