Who's at fault if getting cut off in the right hand turn lane?

Asked over 4 years ago - Los Angeles, CA

I was approaching an intersection when the right hand lane open enough to allow another drive room to squeeze through to make a right turn. I was about a building and a half when I enter this space. Then a car made a right turn into a driveway cutting me off and not giving me enough time to stop. I hit the passenger door and caused damage to the back door because he was moving forward. Am I at fault for driving in a lane that isn't mark or is he at fault for cutting me off?

Attorney answers (2)

  1. Gary Philip DuFour

    Contributor Level 10

    Answered . From these facts it appears that you and the other driver both contributed to the collision. You were driving in an area not intended to be a forward traveling lane, the other driver had a duty to make a turn only when reasonably safe to do so. If you were injured in the accident your recovery could be reduced by the percentage that you contributed to the cause.

  2. Scott Bradley Dormer

    Contributor Level 8

    Answered . I have handled these types of cases before. There is a provision in the Vehicle Code that allows passing on the right if the lane is wide enough to do so. Feel free to contact me next week if you would like to discuss.

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