Relinquish right of way?

[chaz04]

What is the name of your state?What is the name of your state? California
A vehicle made a left turn in front of me and I hit it. The CHP report says I was at fault because I was speeding. Posted speed limit was 45. My skids indicate my speed at between 51 and 59 mph. CHP said listed me as primary cause of the accident and that I relinquished my right of way because of my speed. I have heard that CA case law has determined that I only relinquish my right of way if I exceed 20 mph over the speed limit. Does anyone know if this is true and what the case law would be? Thanks.

 

[CdwJava]

Interesting ... was this on a straightaway? Or was this on a winding road?

If the turning vehicle were coming from a stop - and entered traffic in front of you - unless the nature of the road was such that you were not visible, I would probably have listed the turning driver as the party most at fault for failing to yield. Your speed might be a contributing factor, but I am surprised it is being listed as the Primary Collision Factor.

However, it appears the CHP officer may be correct in their interpretation:

From CPOLS:

Before the driver of any vehicle is entitled to the right-of- way, such driver himself must be operating his vehicle within the law and not in violation thereof. (Carley (1958) 156 Cal.App.2d 643.)

An operator of a motor vehicle which has entered an intersection prior to or at the same time as another vehicle cannot arbitrarily rely on the right-of-way gained as the result of excessive speed or by other negligent act or violation of law. (Brown (1948) 84 Cal.App.2d 401.)

There may be case law somewhere that mentions 20 MPH, but it's not listed in the Attorney General's guide to law enforcement officers (The California Peace Officers' Legal Sourcebook).

EDIT: However, there is a note regarding a case (Beckman (1965) 236 Cal.App.2d 555) saying that "the implication in this case is that to lose the right-of-way, the driver must be far out of line." So there may be some expansion of detail involving that particular case. But doing 15 MPH or less would not - in my opinion - constitute such a negligent act.

You might consider retaining an attorney if you are being charged criminally. However, if this is a civil matter involving insurance companies, remeber that they use their own criteria and NOT the law. So the PCF on the report is largely irrelvant for insurance purposes.



- Carl

 

[RobertMiller]

Relinquish Right of Way

Thank you for your posting, and the opportunity to serve you further.

I'm not aware of any cases that indicate that right of way is only relinquished if you are over 20 mph over the speed limit, and in fact that would be contrary to the vehicle code. Right of way is often determined by what is "safe", and that, necessarily, is on a case by case basis. Vehicle Code 22350 allows for you to travel at a speed that is "safe considering all conditions".

If the other person's left turn was uncontrolled by lights or signs, then they can only make the turn when "safe to do so."

As you can see, a strict 20 mph speed law would cause all kinds of problems, as emergencies or other conditions may make something "safe" in one condition, but not others.

I hope that this information helps.
Robert Miller
Attorney at Law