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Mid-Block Left Turn Into Oncoming Traffic

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed April 26, 2024

Legal Inquiry

Consumer Legal Issue

On Tuesday morning I was traveling in the city of Pomona, going northbound in the right lane. Out of nowhere a vehicle made an illegal left turn from the opposite side of the street. This accident did not happen in the intersection; it happened in the middle of the block. The driver made an illegal left turn, and now my car is totaled.

Attorney Answer

A driver turning left across your lane has to wait for you, and the claim you make is against that driver's insurer — starting with a demand for the value of the car. Where the turn happened matters less than whether it could safely be made at all.

Two Vehicle Code sections carry the point. Cal. Veh. Code § 21801(a) requires a driver intending to turn left, or to complete a U-turn, 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; only after yielding and signaling does the turning driver gain the right-of-way under subdivision (b). And Cal. Veh. Code § 22107 states the broader 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." That duty attaches to the movement itself, not to the presence of an intersection, so a turn made in the middle of a block is measured the same way. Whether the turn also broke a separate rule about where a left turn may be made is a Vehicle Code question a local attorney can pin down from the location.

Liability then runs through 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."

Expect the other insurer to look for a share of the blame on your side — speed, attention, a chance to avoid. California allows that argument without letting it end your claim: in Anderson v. Latimer, 166 Cal. App. 3d 667 (1985), fault was allocable between a driver who turned left unlawfully and an oncoming driver who was speeding. Fault gets divided, not handed to one side.

For the car itself, Cal. Civ. Code § 3333 sets the measure: "For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not." When the other driver's insurer treats the car as a total loss, the valuation standards of Cal. Code Regs. tit. 10, § 2695.8(b) apply to your third-party claim by force of § 2695.8(b)(6): the settlement is based on the actual cost of a comparable vehicle, including applicable taxes, one-time transfer fees and remaining registration, and it must be fully itemized and explained to you in writing. An insurer may also not make an offer that is unreasonably low (Cal. Code Regs. tit. 10, § 2695.7(g)).

What you can do

1. Report the claim to the other driver's insurer and to your own, and record both claim numbers.

2. Ask, in writing, for the itemized total-loss valuation — the comparable vehicles used, how each was identified, and every adjustment.

3. Preserve the evidence of where and how it happened: photographs of both vehicles and the roadway, the traffic collision report number, and contact details for any witness.

4. Gather what the loss actually cost you — rental or rideshare receipts, towing and storage bills, and anything showing time lost from work.

5. File a complaint with the California Department of Insurance if the insurer will not explain its valuation or stops responding.

6. Ask a local attorney to review any release before you sign it; under Cal. Civ. Code § 1541 a written release extinguishes the obligation, and that is the end of the claim.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Damage to a vehicle runs on Cal. Code Civ. Proc. § 338(c)(1)'s three years; if you were hurt, Cal. Code Civ. Proc. § 335.1's two years governs that part and is the shorter of the two. Which period applies to which piece of your claim, and when it started, depends on your facts — have a local attorney check the dates rather than working from a general rule.

Cases Cited

Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.

  • Anderson v. Latimer, 166 Cal. App. 3d 667 (1985) — Cal. Ct. App.
    Cited for the judge-made allocation point — fault divisible between an unlawful left-turner and a speeding oncoming driver — because the reader will be met with a shared-fault argument and neither § 21801 nor § 22107 says what happens when both drivers erred.

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Frequently Asked Questions

Who is at fault when a driver turns left across oncoming traffic in California?

The turning driver usually is, because Cal. Veh. Code § 21801(a) requires a driver intending to turn left or complete a U-turn 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. Cal. Veh. Code § 22107 adds that no driver may turn from a direct course until the movement can be made with reasonable safety and then only after an appropriate signal. Fault is not automatic, though: under § 21801(b) a driver who has yielded and signaled gains the right-of-way, and an oncoming driver who was speeding, distracted or running a signal can be given a share. In Anderson v. Latimer, 166 Cal. App. 3d 667 (1985), fault was allocable between an unlawful left-turner and a speeding oncoming driver.

Does it matter whether a left turn happened at an intersection or in the middle of a block?

Less than people expect. The duty in Cal. Veh. Code § 22107 attaches to the movement — no turn from a direct course until it can be made with reasonable safety, and then only after signaling — rather than to the presence of an intersection, and the yield duty in Cal. Veh. Code § 21801(a) is written around the turning movement as well. A mid-block turn into a driveway, parking lot or opposing lane can also raise separate Vehicle Code questions about where turns may lawfully be made, which depend on the markings and the location. The practical difference is usually evidentiary: mid-block turns often mean no signal to point to and a different set of witnesses.

How is a totaled car valued when the other driver's insurer pays the claim?

By the cost of a comparable automobile. Under Cal. Code Regs. tit. 10, § 2695.8(b)(1) a cash settlement is based on the actual cost of a comparable vehicle and must include applicable taxes, one-time fees for transferring ownership, and the unused portion of the registration, whether or not a replacement is actually bought. Section 2695.8(b)(2) defines a comparable vehicle — same manufacturer, same or newer model year, same model type, similar body type, options and mileage, available in the local market within the last 90 days and identified by VIN, stock number or plate — and requires that any adjustment be discernible, measurable, itemized and specified. Section 2695.8(b)(6) applies these standards to third-party total-loss claims, and § 2695.8(b)(4) requires the determination to be itemized and explained in writing when the offer is made.

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