Legal Question in Personal Injury in California

California vehicle code law is clear on this issue. A driver who is making a left turn must yield the right-of-way to any traffic which is proceeding straight and legally entering an intersection (meaning that the vehicle proceeding straight does not have a red light or stop sign requiring it to stop), or is already legally occupying the intersection. If the other vehicle hit you and you were already legally occupying the intersection, the other vehicle should not have proceeded and is liable for your injuries, including any doctor/chiropractor and/or hospital charges, property damage, lost earnings and rental car expenses. You did not say that you were or were not driving within the posted speed limit and if you were speeding it might or might not be the basis for any limited comparative negligence against you but this issue could be argued that it did not cause this accident...it was the other driver's inattention, left turn movement and unsafe speed for the conditions which in this case was any speed when he should have been stopped. And, if the other driver is uncooperative then an attorney might be needed to change that. However, if you have the other driver's insurance company information that would make things easier. They can be educated to see the facts. It's just a question on whether they want to be fair. A that's again why attorney's sometimes have to be brought in to protect a person's rights! I hope this helps. Good luck.

Robert J. Worth, Professional Law Corporation (818) 222-2433

Vehicle Code section 20801: (a) 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.

(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.

It will be a factual argument, but the above is the applicable statute. You need an attorney for your injuries and damage, and your insurance will provide a defense.