Unsafe turning manuver

[kirkster365]

What is the name of your state? California
I was reacently blamed for an accident citing an unsafe turning manuver (CVC22107)
I was on a two lane highway (one lane in each direction) with a broken line seperating the highway (east/west) lanes. I was traveling east and slowed to aprox. 7 mph with signal on and started to turn. There was a vehicle behind me that had slowed for me, but the vehicle behind it sped into the westbound lane to pass the vehicle behind me. I was then T-boned on my motorcycle while making the turn. Can anyone tell me why this is my fault. Thank You.

 

[CdwJava]

If I understand this correctly, you were making a left turn and another vehicle crossed into the opposite lane to pass the slower vehicles? When he crossed into the oncoming lane he hit you as you were making your turn?

I can't imagine why you were considered at fault in the police report ... unless, there was no where to turn and you were making an unlawful U-Turn.

What does the report say?

- Carl

 

[kirkster365]

The report is even drawn out showing me making my left turn manuever, and the impact of the car hitting me in the west bound lane (I was headed east). I was turning left onto a dirt road that is behind my house. It even states in the California drivers handbook that passing on the left is not allowed when someone is signaling a left turn.
I really feel the officer made a mistake.
Does anyone know how I would get this situation fixed? The citing officer is a CHP. Please and thank you for your help.
-Kirk

 

[CdwJava]

In the report, what reason is provided to give YOU the citation? How does he articulate your "unsafe" turning maneuver?

- Carl

 

[kirkster365]

Turning manuver

I understand your last post, and although I can't find it in the cal. drivers handbook, I'll give you the benifit of doubt. The only thing wrong with this therory is the fact that the driver that hit me even stated he was doing 25 mph and pulled into other lane and accelerated to 35-40 mph just before impact. The reason he was slowed to 25 mph was due to the fact I was slowing the traffic down so I could make a safe turn from asphalt onto dirt. And, according to the Cal. drivers handbook"never pass on the left if the driver [in front of you] is signaling a left hand turn". Now the driver said my wife had not signaled where I was turning, but I did and he never made a statement about my signal. I understand that a full size van will obstruct the view of the driver seeing a motorcycle, but that's why they're suppose to make sure that passing is safe not just glance and go. Anyway I would like this anylized again, can you or will you advise me on how to file some sort of objection? Thank you, for your help and concern.

 

[CdwJava]

There is no way to object to the collision report. However, you can always ask to submit your own written statement to be attached as a supplement to the report.

If the DMV assigns you the point for being at fault, you can appeal that decision through the DMV. Otherwise, it's a matter for the insurance companies and they are not bound by the CHP report's assignment of fault.

- Carl

 

[lwpat]

Were you issued a ticket?

 

[kirkster365]

Unsafe turning

No I did not get a ticket for the unsafe turning manuver. but, I was cited for no registation.
His insurance company want's to settle for his maximum 15k minus 7k for my hospital bills. leaving a little less then 8k for me. That money I will need to pay bills to live, which will excede that 8k next month, and the doc's say I may be down for another 2-3 months. I guess I know this wasn't my fault and I shouldn't have to loose, like I am, when this wasn't my fault. Anyway thank you all for this site and its people, God bless you all.

 

[Zigner]

No I did not get a ticket for the unsafe turning manuver. but, I was cited for no registation.
His insurance company want's to settle for his maximum 15k minus 7k for my hospital bills. leaving a little less then 8k for me. That money I will need to pay bills to live, which will excede that 8k next month, and the doc's say I may be down for another 2-3 months. I guess I know this wasn't my fault and I shouldn't have to loose, like I am, when this wasn't my fault. Anyway thank you all for this site and its people, God bless you all.

HIS insurance company wants to settle...which means they are accepting responsibility. Now, your question is "How can I collect against an underinsured driver?" For that, search these forums, as it has been asked and answered numerous times.