Fault When a Driver Goes Straight From a Turn Lane

Attorney Answer

Fault is not decided by who was in which lane alone. California apportions it between the drivers, and a driver who leaves a turn lane and goes straight into traffic that had the right of way generally carries a heavy share of it.

The starting point is Cal. Civ. Code § 1714(a): "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself."

Two Vehicle Code sections govern who had to yield to whom at the intersection. Cal. Veh. Code § 22107 provides: "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 driver who changes course near an intersection has to be able to do it safely and has to signal.

Cal. Veh. Code § 21801(a) puts the yield duty on the driver turning left: that driver must yield the right-of-way to all vehicles approaching from the opposite direction that are close enough to constitute a hazard at any time during the turning movement. Subdivision (b) then flips it — a driver who has yielded as subdivision (a) requires and has given a signal may complete the turn, and drivers approaching from the opposite direction must yield to the turning vehicle. Which of these applies to each driver depends on what each one was actually doing at the moment of impact.

Lane-use markings themselves — whether a lane was marked for turns only, and what the arrows and signs required — are enforced by separate Vehicle Code provisions. Those markings are usually the strongest evidence in a case like this, which is why photographing them matters.

On sharing the blame: California is a pure comparative fault state. If you are found partly responsible, your recovery is reduced in proportion to your share — it is never eliminated. The California Supreme Court applied that system in Daly v. General Motors Corp., holding that a plaintiff's recovery is reduced only to the extent the plaintiff's own lack of reasonable care contributed to the injury. So even a driver who was found partly at fault still recovers, and a driver who broke a rule of the road is not automatically responsible for everything.

What you can do

1. Get the traffic collision report from the agency that responded, and note the report number. If no officer came, report the collision to your own insurer promptly.

2. Photograph the intersection from the direction each vehicle was traveling: the lane markings, the turn arrows painted on the pavement, the overhead and roadside signs, and the sight lines. Paint gets repainted and signs get moved, so do this soon.

3. Look for video right away — nearby businesses, doorbell cameras, and any dash camera in either vehicle. Most systems overwrite within days or weeks, so ask now and ask in writing.

4. If you were hurt, get examined and keep every record and bill. Gaps in treatment are one of the first things an insurer looks for.

5. Do not give a recorded statement to the other driver's insurer before you have talked with a lawyer. Waiting costs you nothing.

6. Ask a local attorney to look at the report, the photographs and the medical records together. 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 damage to the vehicle alone runs longer, on Cal. Code Civ. Proc. § 338(c)(1)'s three years. If a government vehicle or a public entity is involved, the deadline is far shorter. When each period started on your facts is a question for a local attorney to confirm — this page does not calculate a date for you.