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Whose fault? Cars coming in opposite directions make turns onto same st, one hits other in left most lane.?

They turn onto a street with two lanes but the car turning right does not turn into the right most lane but instead turns into the left most lane. Meanwhile the car turning left form the opposite direction also turns into the left most lane and they both collide.

Assune this is California.

1) When a car turns, the car should/(or is it must?) turn into the left most lane when turning left or the right most lane when turning right.

2) Car turning right has the right of way, but this car was in a right turn only lane. Does right of way still apply?

Who is right? Who is wrong? Who will the adjustor side with if both parties deny liability?

Update:

Some more details...

1) Intersection was a stoplight intersection and both cars had the green light. (There are no L/R turn/arrow lights.)

2) Car turning right was in a right turn only lane as marked by a white colored right turn arrow on the street and there are no white guide/lane markings showing which lane the car turning right must go into; neither are there lane markings for the left turning car coming from opposite direction.

I think it all boils down to these arguments:

RIGHT TURN CAR:

-I have the right of way because I am not turning left, I'm turning right!

-And because I have right of way I can choose any lane I want!

LEFT TURN CAR

-The other car was in a right turn only lane but did not turn right into right most lane!

-I turned left onto left most lane, my lane, and other car hit me!

Update 2:

Oh btw I was the car turning left. And I slammed on the brakes so there was no accident. Lucky me. I have a biting feeling that the other car might have swung wide on purpose, but that cannot be proven.

23 Answers

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  • 2 decades ago
    Favorite Answer

    The car that turned right into the left lane is at fault

  • 2 decades ago

    A complicated question with a very simple answer. Common law, which applies to all states as far as I know, is that you must finish your turn in the lane you began your turn in. If you need to switch lanes, that is done later, not at the same time as the turn. So a vehicle turning left must end up in the left land after the turn, not the right lane. If he needs to turn right in the next block he must change lanes AFTER the turn and AFTER making sure the lane is clear. Likewise the car turning right must stay in the right lane until the turn is finished, not turn immediately into the left lane. The car turning right and changing lanes is at fault.

    Source(s): 32 years in law enforcement, retired.
  • Anonymous
    2 decades ago

    I would guess that the person that turned left onto the street would be considered at fault. They did not have the right of way, and they had more time to adjust for the car turning as they had better visability. I think the claims adjustor will do something similar to an 80/20. 80% at fault for the left turn driver, 20% for the right turn driver for making an illegal lane change.

    All insurance companies say to deny responsibility until it is determined.

  • Anonymous
    2 decades ago

    I'm reasonably certain it's universal practice in the US that when performing any turn, it's proper to enter into the closest lane, never crossing over into the next lane until you've safely completed the turn. At that time, after checking to make sure the lane is clear, you can put on your turn signal and then move into the next lane. That would translate into the right most lane when turning right, and the left most lane when turning left.

    Source(s): Illinois Rules of the Road
  • 2 decades ago

    When you make a turn, there is no (general) requirement to turn into any particular lane. The exception is if you are using a filter lane or similar that guides you into one specific lane of the road you are entering. If you did not cross a solid white line when making teh turn then you were within the law.

    When you make a left turn you must yield to oncoming traffic. That includes cars that are making a right turn into the road you wish to enter.

    Therefore the car making a left turn is at fault. It failed to yield.

  • 2 decades ago

    Assuming that there are two lanes to turn in to, each vehicle MUST turn into the proper lane. The vehicle truning right must turn into the rightmost lane and the one turning left must turn into the leftmost lane.

    The usual rule of yielding to the right (the car turning right in this case) does not apply because there are two lanes to turn in to.

    So, in the scenario presented, the vehicle turning righ would have been at-fault had there been an accident. The vehicle turning right would have been cited for "failure to maintain proper lane direction" if it was witnessed by a cop.

  • 2 decades ago

    The car turning left is at fault. The car turning right can go into either lane (if there is only one right turn lane.)

  • 2 decades ago

    The car making a right hand turn is not at fault. He has the right of way and it doesnt matter that he made a mistake by getting into the left lane. The driver making a left turn shouldve been able to maintain control of his car and shouldve been driving defensively. You have to predict that people are going to do stupid things with their cars and drive accordingly.

  • 2 decades ago

    The car that turned right into the left lane its their fault

  • 2 decades ago

    The car making the left turn into the left most lane has the right-of-way. The car turning right has to yield.

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