I was coming through the intersection at night and did not see his gray truck because he headlights were turned to the left, by time i saw him I swerved right and hit his truck trying to avoid a head on. He says he saw my car coming, there were no other cars around and i don't know why he didn't back up or get out of the intersection. I think he turned into the intersection on a red as I saw no pedestrians but no way to prove it without witnesses.
From the facts you provide, the truck driver bears the majority if not all of the legal responsibility for this accident. California Vehicle Code 21801(a) states: "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety." Our office routinely handles left hand turn accident and injury claims. If you would like to speak with us further, give us a call. Consultations are free.
If he was coming straight approaching the intersection to make his turn, and ran the red, I wonder why you didn't see him do that? I understand you might not have seen him if he was turned partially with headlights pointing away, waiting for pedestrians. So far, I like his version. For what it is worth.
For injuries sustained you should seek medical attention and proper follow up treatment to give yourself the best opportunity to recover. If you have not contacted an attorney regarding your case, I would strongly recommend you do so soon. While there is no obligation to settle soon, having a lawyer handle your case, coordinate documents, and organize your case is invaluable while you go through recovery. I work throughout California and offer free consultations to help victims of car accidents understand their rights moving forward. I wish you the best of luck.
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