Fullerton, CA asked in Car Accidents for California

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?

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1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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