Accident Fault Question

[Sousuke]

Hello!

I was on my way to work (on freeway) and was in the right lane. My exit was a couple miles yet down the road when I saw traffic was slowing up ahead. There was a clogged on ramp to the right and a car, not wanting to sit in traffic on the ramp suddenly made a sharp left to dart around the stopped cars. I had barely enough time to stop but it made me think - who would have been at fault if I had been a second slower?

I would have contacted his rear left door and probably his rear quarter panel with the nose of my car.

Would it have been evaluated as a 50/50 fault, 25/75 fault in his direction? My fault? He did cross a solid white but that would have been my word against his probably.

I was not at full speed either as I was already slowing due to traffic ahead (probably 35-40 mph).

[code_blue]

Fault is determined by insurance through the insurance process. It is a civil matter.

For general purposes, you had control of the lane and had the right of way.

[CinnamonBear723]

The police will never determine 50/50 or 25/75 fault in a crash. Thats for the insurance companies to work out. Basically a traffic collision report is an opinion of an officer based on the present facts and evidence.

In the report there is often a primary collision factor followed by other associated factors. If there are no witnesses, and not enough evidence present, sometimes it is impossible to come to a conclusion. It helps to have an independent witness who was not involved in the crash and only witnessed it. Dash cam and video surveillance is also an excellent help.

Sometimes the insurance companies take police reports into account, sometimes they do not.

In the case you presented, since you are established in the traffic lane, it can be labelled as an unsafe lane change (CVC 21658) or more typically used, is the section for unsafe turning movement (CVC 22107).

[P5Ret]

If there had been a collision, and a report taken, it's generally pretty easy to match up evidence and statement's. His crossing the solid line put's him in violation of 22101(d) CVC, failure to make required turn. I've had people argue with me that an on ramp and conversely an off ramp do not qualify as intersections. However if you read the definition of intersection at 365 CVC it fit's, and I never lost one of those cite's in court.

[Sousuke]

Fault is determined by insurance. It is a civil matter.

For general purposes, you had control of the lane and had the right of way.

The police will never determine 50/50 or 25/75 fault in a crash. Thats for the insurance companies to work out. Basically a traffic collision report is an opinion of an officer based on the present facts and evidence.

Thanks both. Didn't realize its mostly in the hands of insurance.

[NytWolf]

The police will never determine 50/50 or 25/75 fault in a crash. Thats for the insurance companies to work out. Basically a traffic collision report is an opinion of an officer based on the present facts and evidence.

In the report there is often a primary collision factor followed by other associated factors. If there are no witnesses, and not enough evidence present, sometimes it is impossible to come to a conclusion. It helps to have an independent witness who was not involved in the crash and only witnessed it. Dash cam and video surveillance is also an excellent help.

Sometimes the insurance companies take police reports into account, sometimes they do not.

In the case you presented, since you are established in the traffic lane, it can be labelled as an unsafe lane change (CVC 21658) or more typically used, is the section for unsafe turning movement (CVC 22107).

Or it could be a CVC 22350 violation, on the part of OP. It goes to show, your statement of the police not deciding fault stands, especially if there were no injuries.

[RickD427]

The police will never determine 50/50 or 25/75 fault in a crash. Thats for the insurance companies to work out. Basically a traffic collision report is an opinion of an officer based on the present facts and evidence.

In the report there is often a primary collision factor followed by other associated factors. If there are no witnesses, and not enough evidence present, sometimes it is impossible to come to a conclusion. It helps to have an independent witness who was not involved in the crash and only witnessed it. Dash cam and video surveillance is also an excellent help.

Sometimes the insurance companies take police reports into account, sometimes they do not.

In the case you presented, since you are established in the traffic lane, it can be labelled as an unsafe lane change (CVC 21658) or more typically used, is the section for unsafe turning movement (CVC 22107).

^^^THIS^^^^

Collisions often result from bad actions on the fault of both parties. Police agencies have two main interests in preparing a traffic collision: 1) To support the criminal prosecution of parties where appropriate, and 2) To feed the state's Statewide Integrated Traffic Reporting System (SWITRS) which tracks accident information and is used for traffic engineering and to support directed enforcement activities. It's a computer database and has business rules to ensure the data is consistently maintained, even if not fully accurate with regard to any particular collision.

SWITRS requires the identification of a "Primary Collision Factor." This is what primarily caused the accident and is usually a CVC violation. SWITRS also allows for "Other Associated Factors" to be identified and those can be attributed to any party. But the LE agency will not allocate any percentage of responsibility between those factors. It doesn't serve any LE purpose and police agencies are loath to perform a business function in support of insurers.

[code_blue]

Exactly, Rick.

I always chuckle when folks give the advice, "call the police and demand a police report!". Unless there is an injury, it would be best to handle it civilly between the parties, like you're supposed to. If a report is written, at least one person is getting a CVC violation.

[Sousuke]

Exactly, Rick.

I always chuckle when folks give the advice, "call the police and demand a police report!". Unless there is an injury, it would be best to handle it civilly between the parties, like you're supposed to. If a report is written, at least one person is getting a CVC violation.

Is there a point when there is a legal requirement to contact the police?

Off the top of my head, I've always thought the police must be called if there is an injury, a hazard, or if the damage is over a certain amount (what that amount is i'm not sure).

[RickD427]

Is there a point when there is a legal requirement to contact the police?

Off the top of my head, I've always thought the police must be called if there is an injury, a hazard, or if the damage is over a certain amount (what that amount is i'm not sure).

The only time that a party is required to make a police report is when there is a fatality resulting from the collision. Please refer to CVC section 20004.

Folks often get confused by the requirements of CVC section 16000(a) which requires a report within 10 days be made to DMV (not to the police) where there is an injury and/or damage over $1000.

[Sousuke]

The only time that a party is required to make a police report is when there is a fatality resulting from the collision. Please refer to CVC section 20004.

Folks often get confused by the requirements of CVC section 16000(a) which requires a report within 10 days be made to DMV (not to the police) where there is an injury and/or damage over $1000.

Thank you very much!

[Blade Gunner]

Exactly, Rick.



I always chuckle when folks give the advice, "call the police and demand a police report!". Unless there is an injury, it would be best to handle it civilly between the parties, like you're supposed to. If a report is written, at least one person is getting a CVC violation.

[diverwcw]

Recently, I spent $150 on a dash cam and an additional $70 to have it installed. Why not take the splurge and do so? It can save you a ton of headaches.

If you don't feel like making that outlay, there are free dash cam apps for smart phones.

[ugimports]

The only time I've had to contact police (other than an injury) is when the other party refused to provide evidence of insurance. When the police officer showed up they promptly provided it.

[therealnickb]

Fault is determined by insurance. It is a civil matter.

For general purposes, you had control of the lane and had the right of way.

Insurance negotiates a settlement. Only a court of law can determine fault.