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  1. #1
    Join Date
    Feb 2018
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    4

    Default Careless Drving Charge After a Sideswipe Accident in a Parking Lot

    My question involves a traffic ticket from the state of: California.
    My wife was involved in a collision (her car vs a pedestrian) in a private parking lot. The pedestrian claims that she was side swiped (by driver's side of car) by my wife's car as she made a left turn while the car was moving at about 3-5 miles/hour. I was a passenger in the car when this incident occurred. We did not hear or feel any impact of hitting the pedestrian. We told the police that as my wife made the left turn we were momentary blinded by the sun and did not see the pedestrian.

    The Police report corroborated the car speed and noted the sun affecting our vision at the time of the turn.

    But, in the last section of the report which happens to be the CAUSE:, the police officer wrote " Driver caused this collision by failing traveling at a speed unsafe for for conditions, violation of CVC section 22350"

    I wrote the police regarding this CAUSE and argued that the real cause was that my wife was momentarily blinded by the sun and that speed was not a factor in this incident. The police replied with "if your wife had been going at a safer speed, she would have had time to stop the vehicle before side swiping the pedestrian"

    -what are your thought on this? can I continue arguing my point?

    The pedestrian file a case against my insurance.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Careless Drving Charge After a Sideswipe Accident in a Parking Lot

    Quote Quoting Chichimeca
    View Post
    My question involves a traffic ticket from the state of: California.
    My wife was involved in a collision (her car vs a pedestrian) in a private parking lot. The pedestrian claims that she was side swiped (by driver's side of car) by my wife's car as she made a left turn while the car was moving at about 3-5 miles/hour. I was a passenger in the car when this incident occurred. We did not hear or feel any impact of hitting the pedestrian. We told the police that as my wife made the left turn we were momentary blinded by the sun and did not see the pedestrian.

    The Police report corroborated the car speed and noted the sun affecting our vision at the time of the turn.

    But, in the last section of the report which happens to be the CAUSE:, the police officer wrote " Driver caused this collision by failing traveling at a speed unsafe for for conditions, violation of CVC section 22350"

    I wrote the police regarding this CAUSE and argued that the real cause was that my wife was momentarily blinded by the sun and that speed was not a factor in this incident. The police replied with "if your wife had been going at a safer speed, she would have had time to stop the vehicle before side swiping the pedestrian"

    -what are your thought on this? can I continue arguing my point?

    The pedestrian file a case against my insurance.
    Sorry, but in CA the police cannot attribute the CAUSE of a collision to the sun. The CAUSE will be one of the parties, or none of the parties. Generally, it will be the driver operating the motor vehicle, and the most common factor involves safe speed ... i.e. VC 22350. Sunlight and other factors relating to visibility can be listed as "Associated Factors", but not the CAUSE.

    There is nothing YOU can do about the matter as you are not the involved party. Neither you nor your wife can compel the police to change the cause in their report. However, your WIFE can try to argue the case to the DMV and try and get the point against her for being at fault removed. It's a long shot (very long), but it's about all she can do.

    Your wife's insurance company is not legally required to heed the recommendation of the police report, so they can choose to ignore the reporting officer's assignation of fault if they wish. Chances are they will not, but, they can.

    One small factor in her favor is that the code section, VC 22350, is generally NOT enforceable in a parking lot. However, there are circumstances where it can be, and the general description of "unsafe speed" can still apply even if not an offense that could be issued a citation. This leads to another question: Was she also cited for this offense? Or, is she just facing the point for being listed as the party most at fault (i.e. Primary Collision Factor)?

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Careless Drving Charge After a Sideswipe Accident in a Parking Lot

    As CDWJAVA points out, the vehicle code generally isn't enforceable on private property (there are limited exceptions). If it's a private parking lot odds are, 22350 would not apply, even as a PCF. It would need to be marked Other Improper Driving - unsafe speed (it's really the same thing, but more legally fitting.)

    Was the entrances of the parking lot marked with a black and white sign stating the private property in question is exempt from private property status and the vehicle code is enforceable? It would have to state Exempt per 21107.7 VC or verbiage similar to that.

    Now onto the point of my reply. What is the safe speed for someone to drive who is blind? 0 MPH because it would be obviously unsafe for a blind person to drive. When the sun blinds someone, they cannot use the excuse of being blinded by the sun and not seeing a person while driving.

    I understand you want your wife to not be at fault but think of your reaction if your wife was the pedestrian in this circumstance.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Careless Drving Charge After a Sideswipe Accident in a Parking Lot

    It might also matter whether this is truly a PRIVATE parking lot, or, a public lot or college/school campus as to the applicability of VC 22350. It wouldn't be the first time that an officer of only moderate collision experience erroneously entered VC 22350 for the PCF in a private parking lot. I know that I have been ordered by a supervisor to list VC 22350 in such a circumstance when I was a less experienced officer. But, one day, when I became the Traffic supervisor, that changed.

  5. #5
    Join Date
    Feb 2018
    Posts
    4

    Default Re: Careless Drving Charge After a Sideswipe Accident in a Parking Lot

    Thank you so much for your response. No, she was not cited for this offense. The pedestrian initiated a claim against our insurance.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Careless Drving Charge After a Sideswipe Accident in a Parking Lot

    At this point, it is probably best to let your insurer handle things. Your premiums will almost certainly go up for the next three years, but, there may not be a lot you can do about that.

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