Left Turn Question - California

[slupo]

Hi. I was in an accident where I was west bound, making a left turn from a left turn only lane to go southbound on a four lane road (two lanes in each direction). The light was yellow and I believed it was clear.

I turned left and was completing my turn when a woman coming eastbound in the opposite direction in the number 2 lane, struck the rear of my car (tore off rear bumper, rear quarter panel damage).

Is this always completely my fault? Or can it be the other drivers or shared fault type of situation? The reason I asked is because she struck me in the rear of my car.

Thanks in advance.

 

[HomeGuru]

Hi. I was in an accident where I was west bound, making a left turn from a left turn only lane to go southbound on a four lane road (two lanes in each direction). The light was yellow and I believed it was clear.

I turned left and was completing my turn when a woman coming eastbound in the opposite direction in the number 2 lane, struck the rear of my car (tore off rear bumper, rear quarter panel damage).

Is this always completely my fault? Or can it be the other drivers or shared fault type of situation? The reason I asked is because she struck me in the rear of my car.

Thanks in advance.

**A: what did the police report state?

 

[slupo]

no police report

I called my insurance agency and they said don't bother calling the police because they probably won't come if no one is hurt.

 

[stephenk]

you started your left turn on a yellow light, right? Was the light still yellow when the accident happened? What prevented you from seeing the oncoming car?

 

[slupo]

questions

I began my turn on the yellow light. I know this sounds hokey, but honestly I thought it was clear. I've had a good driver discount for 12 years. It wasn't a situation where I saw a car coming and thought "Oh this is going to be close!" I turned and was absolutely surprised when the car hit me.

There is a mall on that side of the street (the side she was on). Maybe she pulled out of the parking lot as I was turning? I'm not sure.

Her car was hardly damaged. The bill for my car was $6000. Something in the rear of the frame was tweaked, quarter panel damage, bumper. It sucked

Does it make any difference that in her statement she said "the road was wet and I skidded?"

Here's another part to my story. Last week I got a letter from the other party's insruance company saying they were closing the claim and that it was completely my fault. Then I got a letter this week from MY insurance company telling me that claim was still open and being disputed. Not sure what to think of that.

 

[CdwJava]

If the other driver had a green light then you were required to yield or not even begin the trn until it was safe to do so. The fact that you were hit is prima facie evidence that it was not safe for you to make the turn.

Lucky for you, insurance companies don't assign fault based upon state law.

- Carl

 

[stephenk]

your carrier is still disputing the claim being made by the other driver or her carrier for her property damage. the other carrier is denying your claim or your carrier's claim for your property damage.

In the end, you will be assigned most if not all of the fault. Never start your turn on a yellow thinking other cars will start to slow for the upcoming red light. since you claim you never saw her approaching, you failed to yield.

 

[fejee]

Just some observations, the senior ones here may want to consider.

1. Would MC 21801(b) apply to this case?

2. Doesn't appear $6k in damage to your car could have been
caused by a vehicle that had just pulled out of a mall's
driveway and entering traffic. She may have been driving
at an unsafe speed for conditions?

3. Were there any cars stopped in the eastbound # 1 ln
that may have obstructed her view from seeing you?
Is it possible that there were cars in the #2 eastbound
ln. If yes, than she may have initially been behind one of
these cars but than changed lane prior to entering the
intersection and struck you.

4. What can you tell us about speed, distance and time?
Was it the time when one expects traffic to he heavy?
The million $ question? Why did you not see the other
vehicle prior to impact. If u can't answer it honestly,
someone may be led to conclude, that you were not
paying attention and therefore were were inattentive.

5. What about traffic north and south bound, were they
stopped or moving when you commenced your turn.What
is the other party's version of accident? I don't know if an
accident recon can shed any light on liability here?

Good Luck.