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At Fault Accident Question
Ok, so my girlfriend was driving straight down a street and entered an intersection on a yellow. The driver in the opposite left turn lane then made a left in front of my girlfriend and she ran into him.

Everyone was ok, but my girl's car is totalled. Who exactly would be at fault for this?

It's my understanding that drivers must always give right of way to oncoming traffic if they are trying to make a left, so does that make it his fault?

Any info would be greatly appreciated as she's pretty torn up about it.
CVC 21801. (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

If your GF was close, and the driver turned at the same time she entered the intersection, then see section (a). If the other driver had signalled, and was making the turn and your GF hustled to beat the red and hit them, see section (b).
The Republic was not established by cowards; and cowards will not preserve it ... This will remain the land of the free only so long as it is the home of the brave.

Elmer Davis
I would think if she really went on yellow, then it is not her fault. If she ran a red light, and the car hit her, I think it's her fault. Also, if the other car hit her, then it should be the other car driver's fault. Just my 2 cents......
It all depends on the speeds of the vehicles involved. If the GF was speeding up to beat the red, and the other car had come to a stop, was waiting for a break in traffic, and then made the turn, then she might be at fault for not yielding to the car that had complied with section (b). If both vehicles were approaching the intersection at the same speed and the car turned in front of the GF, then the other car would be at fault in violation of section (a). It comes down to who has established the right of way. This is usually determined by who is there first or who has established their direction of travel first while complying with both sections of CVC 21801. And, who actually struck who may or may not be relevant. The other car can be at fault even though she actually struck that car.
The Republic was not established by cowards; and cowards will not preserve it ... This will remain the land of the free only so long as it is the home of the brave.

Elmer Davis

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