Legal Question in Personal Injury in California

Driver A turns right out of a store driveway into the lane nearest the center of the road of which she is traveling at a much lower rate of speed than the speed limit. Driver B is driving in that lane behind her and sees her turn into his lane. Driver B slams on his breaks and skids into her, hitting Driver A's car in the rear. Is this a % at fault situation or will the insurance company say that Driver A should have turned right into the lane closest to the curb. There is a witness.

Thank you


Asked on 11/20/10, 10:55 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Driver A violated the traffic laws by entering a lane when it was not safe to do so. Assuming B is going about the speed limit, A will probaby be considered 100% at fault.

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Answered on 11/25/10, 11:07 pm
Robert Worth Robert J. Worth , Professional Law Corporation

I agree. Drver A had a duty to make sure that it was safe to pull out and had a duty to yield to traffic that had the right of way and was so close as to constitute a danger. I hope this helps you. Bob

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Answered on 11/26/10, 4:54 pm


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