Legal Question in Personal Injury in California

Am I Responsible for this Accident?

Recently I rearended someone. The person I rearended was stopped in the middle of a neighborhood street attempting to perform a U-Turn. I was driving in the direction toward them and did not have enough time to brake and so I clipped the left side of their rear bumper. My question is, Do you think that I am totally or 51% at fault in this accident being that there was no U-Turn lane or sign to make one. This happened in a neighborhood. If I am really at fault, What is the best way of going about this situation financially?


Asked on 10/25/02, 9:31 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Am I Responsible for this Accident?

How fast were you going at the time? As long as you weren't speeding, were driving attentively and were not violating any traffic laws in a way that contributed to the accident, you should be OK.

There is a somewhat obscure section of the vehicle code (I don't know which section offhand) which specifically forbids making a U-turn in a residential neighborhood when another vehicle is approaching within 200 feet or less. It sounds to me like the other driver probably violated this law. That fact should greatly strengthen your position should you need to take legal action.

The best way to proceed is probably to just report it to your insurer and let them handle it. Unless there is more to the story than you have told us, I don't think you will be considered at fault.

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Answered on 10/28/02, 9:02 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Am I Responsible for this Accident?

As you have described it, I would say you are 100% responsible, the best thing for you to do is to attempt a favorable settlement promptly. If you have insurance, let your insurance company take care of it, that is why you pay them premiums.

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Answered on 10/28/02, 9:41 pm
Rob Reed Law Office of Robert A. Reed

Re: Am I Responsible for this Accident?

I agree with Mr. Bardach. Based upon your description, you would considered 100% at fault in my opinion.

If it was nighttime, and the driver that you rearended did not have his/her lights on, you may have a solid argument for comparative negligence.

If property damage to your vehicle was over $500, make sure to file an SR-1 with the DMV... and report the incident to your insurance company promptly.

Good luck...

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Answered on 10/28/02, 10:51 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Am I Responsible for this Accident?

You are responsible. Notify your insurance company asap.

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Answered on 10/30/02, 12:36 pm


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