Your diagram was pretty cool. Unfortunately, I am willing to bet that if you had 100 lawyers vote on this one, half would be for you, and half would be against you. Differences of opinion is what makes horse races, and why we have courts. For me, I like your chances. Good luck.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
I would vote for you. Even if you and she are both at fault to a certain extent, it does not prevent you from suing for your damages. They may be reduced by the percentage of your fault, but you should still recover something.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
You are most likely not at fault. This would not be considered passing as you were simply making a turn. Further, the other driver had a duty to (1) warn other drivers of her moving to the right and (2) checking the mirrors and all around her that her going right would be safe.
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