The Traffic Accident Reconstruction Origin -ARnews-

Re: Who gets the PCF on this collision??

Rod Macdonald ((no email))
Wed, 10 Feb 1999 22:55:46 -0500 (EST)

by my count you've got close to 30 people involved in this so far - you wanna put this on the net too???

God be with you, my son...

my first advice to you would be to try to make your own decision based on the facts of the collision and the most specific laws that are applicable. Leave "history" and (I'm speculating) personalities and politics out of it.

that in mind, since you asked, and an opinion's one of two things I share with the rest of the world...

D-2's responsibility under 21802 was to yield to vehicles approaching so closely as to present a hazard, and to continue to do so until it was safe to proceed.

If D-2's view of the area to the left and to the rear of the right turning vehicle was obscured to the point that it could conceal a vehicle that would present a danger, then it was not safe for D-2 to proceed.

D-1's actions seem a little overrated to me - the sign violations under 21461 should be moot, as the prohibition against passing is inherent to the two-way left turn lane under 21460.5(c)(as a similar example - you cite a speeder for unsafe speed, rather than violation of the sign with the posted limit.).

Additionally, your narrative indicates that the two-way left turn lane transitioned into a dedicated left turn lane, lessening the relevance of the two-way left turn lane, unless your dedicated left turn lane is unusually short...21460.5 also provides for use of the two-way left turn lane for up to 200 feet preparatory to making a left or u-turn (I know D-1 didn't, but bear with me)

and, unless, D-1 was (partially or fully) to the left of the two-way ltl or the dedicated left turn lane none of the myriad sections dealing with left of center really apply.

so your left with D-2 as 21802 - right of way from a stop sign, and D-1 with 22101(d), proceeding straight from a designated turn lane as the two immediate and direct causes of the collision.

who's who?

I'd look towards D-2 as primary based on the premise that D-2 pulled out
at a point when it was not clear that it was safe to. While D-2 might not reasonably expect under the law that a vehicle hidden from view by the right turning vehicle would enter and proceed straight through the intersection from the left turn lane, D-2 could certainly have expected that a vehicle might be there preparing to enter the intersection and turn left.

So that leaves