Turning left in an intersection marked "KEEP CLEAR"

[turnedaround]

What is the name of your state (only U.S. law)? CALFORNIA
I was making a left hand turn across a busy intersection, marked "KEEP CLEAR", the two inside lanes of traffic had stopped to let me cross and I could see approximately 3 houses down the side of the number one lane to see it was clear. I made my turn onto the cross street and was just about completed when I saw a dark car out of the corner of my eye, coming very fast and then she hit me. She only struck the rear tail light section of my truck and that was enough to send me into a spin which knocked me into the car sitting at the intersection and bounce me off into a parked car, doing several thousand dollars damages to all cars involved. The woman sitting at the intersection got out of her car and said that it was not my fault, that the other woman was coming much to fast. The insurance company for that woman agreed that both my story and their insured story were the same and that I was not at fault, not even partly, even though I was making the left hand turn. My question the car that hit me first, is who they found to be 100% at fault, but what will happen if their insurance company finds that I am at fault? I do not have insurance and therefore do not have a company to fight for me against her insurance company.

[ecmst12]

This is why driving without insurance is bad. Most likely, they will find you to be at least partially at fault, since the other car did have the right of way. The witness and the location of the impact on your car will put her with the majority of fault. You do have the option of hiring a lawyer to fight for you; it will be expensive and since you were uninsured, you can't recover money for pain and suffering, so you won't be able to get one on contingency. But that's the risk you took.

[HomeGuru]

Originally Posted by turnedaround

What is the name of your state (only U.S. law)? CALFORNIA
I was making a left hand turn across a busy intersection, marked "KEEP CLEAR", the two inside lanes of traffic had stopped to let me cross and I could see approximately 3 houses down the side of the number one lane to see it was clear. I made my turn onto the cross street and was just about completed when I saw a dark car out of the corner of my eye, coming very fast and then she hit me. She only struck the rear tail light section of my truck and that was enough to send me into a spin which knocked me into the car sitting at the intersection and bounce me off into a parked car, doing several thousand dollars damages to all cars involved. The woman sitting at the intersection got out of her car and said that it was not my fault, that the other woman was coming much to fast. The insurance company for that woman agreed that both my story and their insured story were the same and that I was not at fault, not even partly, even though I was making the left hand turn. My question the car that hit me first, is who they found to be 100% at fault, but what will happen if their insurance company finds that I am at fault? I do not have insurance and therefore do not have a company to fight for me against her insurance company.

**A: did you know that driving without insurance is against the law?

[CdwJava]

Was the other vehicle coming from the opposite direction?

(Note that the outside lane of a three lane highway/roadway would be the number three lane, not the number one lane)

You may be lucky that the police did not come out. If you turned in front of a vehicle then had the police written a report, you would have almost certainly been ruled as the driver most at fault. Speed is rarely an issue in a turn-related collision as the requires the turning vehicle to make the turn only when it is safe.

But, it's a moot point as the insurance company can decide fault as they will.

- Carl

[VeronicaLodge]

i dont see how you are NOT at fault, just because some lady in a car said you werent? you crossed a lane of traffic that had the right of way and that action caused an accident.

[CdwJava]

Yep. And since the driver is required to yield to oncoming traffic until it is SAFE to make the turn, the fact that there was a collision is generally considered prima facie evidence of an unsafe turn or a failure to yield.

I suspect the insurance company will see it the same way that the police would have. Fortunately for the OP, this would not result in a point on his (or her) driver's license as there was no police report. So, the insurance rates (when and if insurance is ever obtained) would not be hurt by THAT aspect, anyway. Also, fortunately, unlike the police, the insurance company can assigned a percentage of shared fault.

- Carl

[turnedaround]

I just wanted to thank everyone who took their time to answer my posting. I realize that I made a huge error while driving uninsured, and I appreciate your help. Thank you.

[ecmst12]

In this situation, because OP was mostly through the intersection when he was hit, and there were witnesses who confirmed that the other person was driving at a high (unsafe) speed, she will probably get the majority of fault. Even when you have the right of way, you have to yield if someone is already in your path when you get to the intersection, you can't just plow through because the light's green. Other driver was driving recklessly according to witnesses and failed to exercise due care, she's at fault. But OP's left turn contributed.

[turnedaround]

I JUST WANTED TO THANK YOU MOST OF ALL ECMST12! OUT OF ALL OF THE REPLIES THAT I RECEIVED FOR MY POSTING, YOU WERE THE ONLY ONE WHO HAS BEEN NON-JUDGEMENTAL ABOUT MY ERRORS AND WITH THAT YOU GAVE ME SOME UNBIASED INFORMATION THAT REALLY HELPS ME UNDERSTAND WHAT I AM LOOKING AT IN THE BIG PICTURE. YOU KNOW, WE ALL HAVE HARD TIMES IN LIFE, ESPECIALLY IN THESE TIMES TODAY. I AM NOT TRYING TO LOOK FOR AN EXCUSE FOR BREAKING THE LAW, ONLY EXPLAINING HOW THINGS CAN HAPPEN. I AM ABLE TO REALIZE THAT I HAVE POSSIBLY HURT ALOT OF PEOPLE'S LIVES, INCLUDING MYSELF AND FAMILY. I TAKE FULL RESPONSIBILITY FOR MY ACTIONS, AND I HAVE NO DOUBT THAT I WILL HAVE TO PAY THE PRICE. FOR ONE THING, I BELIEVE THAT THEY WILL DEFINATELY TAKE MY DRIVERS LICENSE FOR AT LEAST ONE YEAR AT THE DMV. I HAVE THREE CHILDREN AND A SMALL GRANDCHILD THAT DEPEND ON ME GETTING TO WORK EVERYDAY. WITHOUT A DRIVERS LICENSE THAT WILL MAKE IT MUCH MORE DIFFICULT. BUT THE PERSON WHO STATED THAT I KNEW THE RISK I WAS TAKING IS ABSOLUTELY CORRECT AND I ALREADY KNOW THAT. I AM BESIDE MYSELF WITH SHAME AND WORRY OF WHAT WILL HAPPEN NEXT. IT HAS BEEN 10 DAYS SINCE THE ACCIDENT HAPPENED AND THE OTHER INSURANCE COMPANY HAS NOT COME UP WITH FAULT. IT IS CLEAR THAT THE WITNESSES INSURANCE COMPANY BENEFITS FROM FINDING THE OTHER PARTY (WITH INSURANCE) AT FAULT. HOWEVER, IT WILL NOT BE SUCH WITH THE WOMAN WHO WAS DRIVING STRAIGHT AHEAD. AND I KNOW THAT. THE STRESS OF KNOWING WHAT I AM IN FOR AS A RESULT OF MY OWN STUPIDITY IS ALMOST UNBEARABLE.
I APOLOGIZE FOR GOING ON LIKE THIS, MY POINT WAS ONLY TO SAY THANK YOU SO MUCH FOR NOT PUTTING JUDGEMENT ON ME AND JUST GIVING ME A LITTLE UNDERSTANDING. THAT HAS MEANT SO MUCH TO ME! AND I REALLY DO APPRECIATE YOU!!!
P.S.
TO CDWJAVA (CARL) YOU MAY FIND THIS HARD TO BELIEVE, BUT I ALSO GO TO CHURCH AND KNOW JESUS. AND BEFORE I WOULD ADVERTISE THAT YOU KNOW HIM AS WELL AND STATING THAT HE DIED FOR OUR SOULS, I WOULD THINK A LITTLE BIT ABOUT SOME OF OUR BIBLE LESSONS, ONE OF WHICH, "IS THERE IS ONLY ONE JUDGE", THE SECOND IS, "WE ARE ALL SINNERS". LOVE AND "FORGIVENESS" WAS THE MESSAGE JESUS SENT OUT TIME AND TIME AGAIN. I WOULD HOPE THAT YOU COULD SHOW "HIM" YOUR DEVOTION BY WALKING AS CLOSE TO HIS STEPS AS YOU CAN, ESPECIALLY WHEN DEALING WITH PEOPLE WHO ARE IN OBVIOUS TURMOIL. GOD BLESS YOU ESPECIALLY!

[Nativity]

Oh brother, take it to a christian site!

It's always funny when someone posts a rant about how people on here are judging them and then go right off and Judge that person as well. Get over it, it's the damn internet.

[turnedaround]

YOUR RIGHT NATIVITY, I APOLOGIZE FOR DOING THE SAME THING AS I WAS RANTING ABOUT. THANK YOU FOR THE EYE OPENER!

[ecmst12]

Typing in ALL CAPS makes baby Jesus cry....

[CdwJava]

Originally Posted by ecmst12

In this situation, because OP was mostly through the intersection when he was hit, and there were witnesses who confirmed that the other person was driving at a high (unsafe) speed, she will probably get the majority of fault. Even when you have the right of way, you have to yield if someone is already in your path when you get to the intersection, you can't just plow through because the light's green. Other driver was driving recklessly according to witnesses and failed to exercise due care, she's at fault. But OP's left turn contributed.

I don't know about that ... there was a witness that said the oncoming driver was speeding, not driving recklessly - there IS a difference. And unless the adjusters throw out CA law entirely, the turning driver is the one that holds the obligation to yield per the CVC.

Now, as I said, the insurance company can come to its own conclusion, but unless they ignore CA law, or this driver was weaving in and out of oncoming traffic, I suspect the turning driver (the OP) is going to be the responsible party.

- Carl

[Alex23]

Originally Posted by turnedaround

What is the name of your state (only U.S. law)? CALFORNIA
I was making a left hand turn across a busy intersection, marked "KEEP CLEAR", the two inside lanes of traffic had stopped to let me cross and I could see approximately 3 houses down the side of the number one lane to see it was clear.

Why would the opposite traffic stop for you to make a turn? That doesn't sound safe in itself and is probably a violation of the vehicle code.

[CdwJava]

Originally Posted by turnedaround

CDWJAVA (CARL) [/i][/u][/b]YOU MAY FIND THIS HARD TO BELIEVE, BUT I ALSO GO TO CHURCH AND KNOW JESUS. AND BEFORE I WOULD ADVERTISE THAT YOU KNOW HIM AS WELL AND STATING THAT HE DIED FOR OUR SOULS, I WOULD THINK A LITTLE BIT ABOUT SOME OF OUR BIBLE LESSONS, ONE OF WHICH, "IS THERE IS ONLY ONE JUDGE", THE SECOND IS, "WE ARE ALL SINNERS". LOVE AND "FORGIVENESS" WAS THE MESSAGE JESUS SENT OUT TIME AND TIME AGAIN. I WOULD HOPE THAT YOU COULD SHOW "HIM" YOUR DEVOTION BY WALKING AS CLOSE TO HIS STEPS AS YOU CAN, ESPECIALLY WHEN DEALING WITH PEOPLE WHO ARE IN OBVIOUS TURMOIL. GOD BLESS YOU ESPECIALLY!

What?!?

Please show me what part of my posting offended you in any way? If it was because I disagreed with the contention you might NOT be at fault, don't blame me - blame the California legislature who created the statutes within the California Vehicle Code that require a turning vehicle to yield to oncoming traffic. If you want cheerleaders, hire an attorney - he'll tell you what you want to hear as long as you pay him.

- Carl