Am I at fault?

[kinginc]

I live in California. I was in the middle of an intersection, waiting to make a left turn. The light turned yellow, & incoming traffic hadn't reached the limit line yet. I took the turn, & a car clipped the back of my car as I moved out of the turn. Am I at fault?

 

[ellencee]

I live in California. I was in the middle of an intersection, waiting to make a left turn. The light turned yellow, & incoming traffic hadn't reached the limit line yet. I took the turn, & a car clipped the back of my car as I moved out of the turn. Am I at fault?

You pulled out into the path of on-coming traffic while knowing the light would turn red while you did so. On-coming traffic saw their light turn green and didn't slow down or slow sufficiently to avoid hitting you during your turn on a red light. I don't know. Who do you think is at fault?

EC

 

[kinginc]

Err. Whoever hit me got me while the light was yellow or red. I don't know if you understood my story. But the sarcasm isn't appreciated.

I moved into an intersection while the light was green to make a turn. I waited for incoming traffic to pass so I could make my turn. I turned on a yellow light, & a car came & got me at a perpendicular angle, hitting the right rear side of my car

 

[moburkes]

I think she misunderstood you to mean that the other traffic got a green light and started moving. I think you are saying that people coming from the opposite direction from you hit the back of your vehicle. You are 100% at fault, because people turning left are required by LAW to yield to oncoming traffic, which you did not. Instead of having to possibly having to sit through another light cycle, you attempted to beat the oncoming driver who had the right of way. You lost.

 

[JETX]

I moved into an intersection while the light was green to make a turn.

You are STILL at fault. Though it is done ALL the time.... the law says you are not supposed to ENTER an intersection unless you can do so safely. That means you don't enter an intersection and wait for traffic to clear.

 

[efflandt]

Assuming the oncoming car clipped you in the right rear, it sort of depends whether the other light had turned red before the car that hit you entered the intersection and whether you have any witnesses.

In my sister's case she was waiting to make a left turn, the light turned yellow, oncoming traffic was stopping, so she went. An oncoming car zipping down the curb lane rammed her behind the right rear tire, knocking the rear of the car over an island light that puctured the gas tank. The driver that hit her jumped out of the car and kept saying "The light wasn't red". But there were plenty of witnesses and his insurance company paid for it. And he was a police officer (just in a rush to get to work).

The impact was hard enough to kink the rear of the car and bow the rear station wagon side windows, but far enough back to not affect the suspension. There were no injuries except my brother (a passenger) got a bruise on his arm and was afraid to get his license for awhile (let his learner's permit expire).

I have lost track of the number of times people run red lights when I have been waiting to make a left turn. I don't go until they all slow.

 

[Ozark_Sophist]

I have lost track of the number of times people run red lights when I have been waiting to make a left turn. I don't go until they all slow.

I understand that to mean you run red lights. A driver can't pull into the intersection to wait for traffic to clear to make a left turn. S/he has to wait until the way is clear for the turn before pulling into the intersection.

 

[kinginc]

In California, at intersections, if you want to make a left turn, you pull out into the middle of the intersection once the light turns green. Everyone does that. We don't wait in the turning lane to let traffic pass, we wait in the middle of the intersection, if that's what you're all implying. That's how driving schools teach you to make left turns. I guess that it is my fault. I should've waited till the light turned red till I made my turn out of the intersection, so that all of the incoming traffic could've stopped. But does the fact that the other driver got me in the back end of my car & not my side, during a yellow light (it might've been red by the time the other driver got to the intersection, I didn't look at the light while I was turning) help my case out in any way?

 

[moburkes]

Not really. The only effect it *might* have is to reduce the amount you owe the not at fault driver for their damages, by the % of fault they receive. But, you will still be at the very least 51% at fault, which is all that matters for insurance.

 

[CdwJava]

In California, at intersections, if you want to make a left turn, you pull out into the middle of the intersection once the light turns green. Everyone does that.

"Everyone" also speeds. It doesn't make it legal.

Technically, you are not supposed to enter the intersection until it is clear to complete the turn.

I guess that it is my fault. I should've waited till the light turned red till I made my turn out of the intersection, so that all of the incoming traffic could've stopped. But does the fact that the other driver got me in the back end of my car & not my side, during a yellow light (it might've been red by the time the other driver got to the intersection, I didn't look at the light while I was turning) help my case out in any way?

There are two issues here: Fault pursuant to state law (as determined by the police and the DMV), and fault as determined by your insurer or a civil court.

The courts and the insurance companies are free to ignore state law and a determination of fault by the police and the DMV and they may assign fault as they will.

As to state law, if a police report is filed, unless it can be shown the other driver ran the red light, you will almost certainly be at fault:

21801. (a) The driver of a vehicle intending to turn to the left or
to complete a U-turn upon a highway, or to turn left into public or
private property, or an alley, shall yield the right-of-way to all
vehicles approaching from the opposite direction which are close
enough to constitute a hazard at any time during the turning
movement, and shall continue to yield the right-of-way to the
approaching vehicles until the left turn or U-turn can be made with
reasonable safety.

Sorry, but you're likely gonna lose the state determined fault.

However, you may get lucky and the insurer may split the fault. The state does not do that - we make only one person at fault.

- Carl

 

[kinginc]

Thanks for the help.

 

[Ohiogal]

And the funny thing is when I took my driver's test, I was docked points for NOT entering the intersection to wait to turn. granted this was the late 1980's but still. The State Highway Patrolman stated that i was improper in waiting behind the line in the turning lane until it was clear to turn and that I was to proceed into the intersection to turn. When i did so and turned on yellow he told me that was the right thing to do.

Okay so it struck me as odd which is why I remember it all these years now.

 

[CdwJava]

It's one of those interpretive things. But, at least out here, if you get stuck in the intersection, you could be cited for obstructing it when the other direction turns green.

- Carl

 

[JETX]

Okay so it struck me as odd which is why I remember it all these years now.

And for ANY of that to be relevant... you would have to change your forum name to:
'Californiagal'.

 

[Ohiogal]

And for ANY of that to be relevant... you would have to change your forum name to:
'Californiagal'.

Yeah yeah yeah. But strange since it would seem like driving shouldn't change THAT much from state to state. Hence probably why there are so many accidents on the roads.