Q: Car accident
Involved in car accident. Exiting parking lot to make left turn. It's a 3 lane road and there is center turn lane in yellow. I'm in horizontal positioned ,standstill before the dash line of 2nd lane waiting for the 3rd lane traffic to clear so that I can make safe left turn. There is Ford f150 truck driving at about 50 mph in 3 rd lane going straight come and hits driver side front bumper of my camry. His passenger side bumper is hit.
No eyewitness. Who would be at fault and if the other party is at fault can you please mention relevant section of cvc code?
A:
In situations like this, determining fault in a car accident can depend on multiple factors, especially when making a left turn. According to California Vehicle Code (CVC) Section 21801(a), when making a left turn, you must yield the right-of-way to oncoming traffic that is close enough to be a hazard. If the truck was traveling in the third lane and you entered its path, even if it was speeding, you could be found partially or fully at fault for not yielding.
However, the speed of the truck could also play a role. If the truck was indeed driving 50 mph in a zone where that speed was unsafe or illegal, this could be used as evidence that the other driver was partially at fault under CVC Section 22350, which requires drivers to maintain a safe speed for conditions.
Without eyewitnesses, determining fault may rely on evidence like the damage pattern, skid marks, or traffic cameras. You might want to gather as much documentation as possible, such as photos, the police report, and any available surveillance footage, to help support your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.