Fault in a Left-Turn Collision With a Bicyclist

Attorney Answer

Starting the turn first does not end the analysis. Under California law a left-turning driver's duty to yield runs through the whole turn, not just the moment it begins — and that is the most likely reason the report came out the way it did.

Cal. Veh. Code § 21801(a) requires a driver intending to turn left to yield the right-of-way to vehicles approaching from the opposite direction that are close enough to constitute a hazard at any time during the turning movement. Those last words carry the point: the duty does not end once the wheels are turned. If someone came into the intersection while your turn was still in progress and was close enough to be a hazard, the yield obligation was still running.

Subdivision (b) is the other half, and it works in your favor. A driver who has yielded as subdivision (a) requires and has given an appropriate signal may complete the turn, and drivers approaching from the opposite direction must then yield to the turning vehicle. So the question is not simply who moved first — it is whether you yielded to what was there to be yielded to, and whether you signaled.

Cal. Veh. Code § 22107 adds the general rule: "No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement."

A person riding a bicycle on the roadway is generally treated as having the rights and duties of a driver, which is what brings a cyclist within this framework — and how that framework applies to a rider who moved into the middle of the street mid-block rather than approaching in a lane is a question a lawyer should look at with the report in hand.

Two more things are worth knowing. A police report's conclusion about fault is not binding. It is one piece of evidence, written by an officer who usually did not see the collision, and insurers and courts decide fault on all the evidence. And California is a pure comparative fault state: fault is divided in proportion, and being found partly at fault does not make you responsible for everything. The California Supreme Court applied that system in Daly v. General Motors Corp., holding that recovery is reduced only to the extent the claimant's own lack of reasonable care contributed to the injury. If the cyclist's own conduct contributed, his recovery is reduced by his share.

What you can do

1. Report the collision to your own insurer promptly if you have not already, and give it the report number. Your policy requires notice, and your insurer provides your defense.

2. Ask the responding agency for a copy of the traffic collision report, and read the narrative and the diagram — the officer's stated basis for the fault finding is what any challenge has to answer.

3. Photograph the intersection from your approach and from the cyclist's, and record the lane markings, signals, sight lines and anything that blocked the view. Do it soon.

4. Look for video immediately — nearby businesses, doorbell cameras, and any dash camera. Most systems overwrite within days, so ask now and ask in writing.

5. Do not give a recorded statement to the cyclist's insurer or lawyer, and do not write out your own account of the crash for anyone other than your own insurer or your own attorney. If you receive a citation or police contact you about the collision, speak with a local criminal-defense attorney before you answer questions.

6. Ask a local attorney whether and how the report's fault conclusion can be challenged, and what your exposure realistically is. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who handles these cases in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 provides: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." A claim for property damage runs on Cal. Code Civ. Proc. § 338(c)(1)'s three years. Your policy also carries its own notice deadlines, which are much shorter than either. When each period started, and which apply here, depends on facts this page does not have — have a local attorney confirm them rather than counting from this page.