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Failure to yield unprotected left turn

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markbishop101

Junior Member
What is the name of your state? CA

The street is a 4 way intersection. On my side of the street there is a left turn lane and a straight lane. Opposite to me there is a single straight/left lane. Both lanes are unprotected turns. I am in my lane with my left turn signal on as well as the person opposite to me. We are both car #1 in our lane. There was no one in the straight lane on my side. The person opposite of me and I slowly proceed until it is evident that we are both in fact making left turns. There is a motorcycle cop behind the other person. We both follow through with our left turns simoltaneously. The vehicle code 21804 section A states "...shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard...". It was clearly not an immediate hazard as the motorcycle had already past me as i completed the turn. He made a u-turn in the intersection and followed me and followed through with the fine.
Was there actually a failure to yield if the first in line opposite of me, and I made a simoltaneous left turn? Was the cop an immediate hazard? Am i at fault?

Any advice or opinions is greatly appreciated. Thanks
 


CdwJava

Senior Member
All because he managed to pass you does not necessarily mean that your turn was not a hazard. Perhaps you turned real close behind him ... perhaps you failed to signal or turned too rapidly for his liking ... who knows?

And all because the first car is making a left turn does not absolve you of yielding for traffic coming from behind the turning vehicle.

In court you'll each have your say.

The full section:

21804(a) The driver of any vehicle about to enter or cross a
highway from any public or private property, or from an alley, shall
yield the right-of-way to all traffic, as defined in Section 620,
approaching on the highway close enough to constitute an immediate
hazard, and shall continue to yield the right-of-way to that traffic
until he or she can proceed with reasonable safety.

Were there pedestrians, bicyclists, or anyone / anything else there?


- Carl
 

markbishop101

Junior Member
I did signal, there were no pedestrians and in brutal honesty i was finishing my turn by the time he was beginning to accelerate into the intersection. By the time i completely cleared the intersection, he was no more than 15 feet into the intersection.
 

CdwJava

Senior Member
Then, he shall have to explain to the court why your turn was unsafe. If he had to decelerate to avoid the collision, that might be sufficient. However, not knowing what he has to say nothing can be done here but pure speculation.

Be sure to show up promptly on your court dates, dress professionally, and be polite.

- Carl
 

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