In accidents involving failure to use signal turns, the driver who did not signal might be liable for the damages of the crash. However, there are cases where other parties may be at fault for the collision, depending on specific circumstances.
In this article, you will understand how failure to use signal turns affects liability and what steps to take to protect your rights in crashes due to such negligent action.
When Should Turn Signals Be Used?
Most drivers learning to navigate streets and highways tend to ask, “When should turn signals be used?” According to the Department of Motor Vehicles, you must signal a turn in the following scenarios:
- 100 feet or more before making a turn.
- Before each lane shift.
- Allow at least five seconds before changing lanes on a freeway.
- Before pulling next to or away from the curb.
- You are nearly through the intersection if you intend to turn shortly afterward.
Note that you must use your turn signals even if no vehicles are around. This ensures utmost safety, especially if there are other road users, such as pedestrians and bicyclists.
Is it Illegal to Not Use Turn Signals in California?
It is illegal not to use turn signals in California. California Vehicle Code 22108 mandates all drivers to signal their intention to turn right or left continuously during the last 100 feet traveled before making the turn.
Failure to use turn signals corresponds to several legal consequences, such as:
- Fines up to $238
- One point on the DMV driving record
- Possible compensation if the violation results in a collision
Note that if a driver uses a turn signal, it DOES NOT necessarily mean that they already have the right-of-way. Instead, they just simply notify other drivers of their intention to turn and must check if no risks are present before turning.
What to Do In a Collision With a Driver With No Proper Turn Signals
Car accidents may result in catastrophic injuries and even death. This is why it is crucial to follow the steps below to ensure your safety and protect your legal rights in case of a car accident claim.
- Ensure Safety: First and foremost, inspect yourself and the individuals involved for injuries. Seek medical attention immediately, even if you sustain minor injuries only.
- Document the Scene: Photograph the accident scene, including the position of the vehicles, any damage, and road conditions. You may also collect the contact information of any witnesses at the site.
- Notify Authorities: Call the police and report the accident. They will examine the accident scene and prepare an official report, which may be beneficial when filing a case.
- Exchange Information: Share your contact and insurance information with the other driver involved in the crash. Make a note of the vehicle’s make and model, license plate number, and any other relevant information.
- Consult a Lawyer: The best car accident attorneys California can offer will defend your rights, negotiate with insurance providers, and seek compensation on your behalf.
Can I File a Claim for a No Turn Signal Car Accident?
Generally, individuals injured in accidents may seek compensation for damages, but only if the accident resulted from another driver’s negligence. Evidence demonstrating the driver’s negligence is essential to establish the basis for a claim. This negligence can be evidenced by:
- The driver’s duty was to ensure road safety.
- They failed to fulfill this duty.
- The breach of duty resulted in an accident.
- The injuries and harm resulted from the accident.
So, if a driver’s failure to use turn signals caused a collision, they may be liable for the damages. However, you must have sufficient evidence to prove negligence, such as:
- Photographs of the accident scene depicting damages sustained and the surrounding environment.
- CCTV or surveillance footage capturing the incident.
- Witness testimonies recounting the events.
- Police reports documenting the accident details.
Accidents Involving Failure to Use Turn Signals, Who Is At Fault?
Typically, the driver who failed to use their turn signals may be at fault for the crash. However, there are specific instances where other parties may also share responsibility for such an accident.
The Other Driver
A driver may be found negligent if they disregard their turn signals and collide with a pedestrian or another car. Neglecting to signal a turn or change lanes is considered negligence since it violates the duty of care due to other drivers.
For example, a driver wanted to shift to your lane. While it was legal to change lanes, they abruptly moved into your path without any turn signals and ended up hitting your vehicle. In this case, they may be accountable for the damage expenses of the crash.
Another Road User
Sometimes, a driver abruptly moves to a different lane to avoid unanticipated hazards. In case another road user puts other drivers at risk and they crash into another as a result, the individual who initially acted negligently must be responsible for the damages.
Let’s say a drunk driver suddenly shifted to another lane in a fast-moving lane. As a result, a vehicle in that lane tried to avoid the collision and suddenly stopped. Unfortunately, you were driving behind the car and crashed into the stationary vehicle. The drunk driver may be liable for the crash in such a situation.
You Are Partially Responsible
In car accident claims, your actions before the collision will be considered, even if the other driver did not signal their turn. You might be held partially liable if it is shown that you have taken reasonable precautions to prevent the collision, such as keeping a safe distance or paying attention to the state of the road.
For instance, a driver attempted to turn left in an intersection without signaling. Unfortunately, you were driving in the leftmost lane while proceeding straight and crashed into the vehicle turning. In this scenario, you and the other driver share liability for the collision.
In California, injured victims can pursue car accident claims regardless of their degree of fault in causing the accident. Under pure comparative negligence, however, they might receive a smaller payout based on how much they contributed to the accident.
In the former example, if the court finds you 35% liable for the collision, you may receive 65% of the settlement. Likewise, the other party may also pursue 35% of compensation.
This is why it is essential to seek advice from the best car accident attorneys California offers to avoid risking the dismissal of your case and to assess the full extent of damages for maximum compensation.
Lawyer’s Tip: Accepting a settlement offer releases the at-fault party from further liability. Hence, consulting a California car accident lawyer ensures that all damages from the crash are accurately evaluated before accepting any settlement.
Can an Auto Accident Lawyer in California Defend My Rights?
In accidents involving failure to use signal turns, proving that the turn signal caused the accident may be challenging. What happens if the driver turned on their turn signal after the collision to avoid the violation, and you failed to secure evidence to prove otherwise?
A California car accident lawyer can manage various aspects of your case, including collecting evidence, proving liability, and protecting your rights. They also ensure a favorable outcome by:
- Evaluating the accident’s details.
- Gathering evidence to justify your claim.
- Establishing liability.
- Determining the appropriate settlement amount.
- Advocating for your legal rights.
- Proceeding to trial if necessary.
Jacoby & Meyers: The Best Car Accident Attorneys California Offers
Numerous legal firms in California assist those seeking compensation for accidents. However, Jacoby & Meyers stands out due to our dedicated legal process to safeguard your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has advocated for the legal rights of individuals involved in amusement park accidents, resulting in significant settlements. Our track record, exceeding $2 billion in settlements, underscores our unwavering commitment to our clients.
If you’ve been injured in a car accident involving failure to use turn signals in California, Jacoby & Meyers is prepared to support you. We offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“Emily assisted me through the process. She is amazing. She checked on my well-being and made adjustments as needed to ensure I had a full recovery. She was attentive, responsive, and genuinely cared for my health and concerns. Thank you, Emily Mendez!” – Leticia C.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Do I Include Lost Wages in My Personal Injury Claim?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
- Can an Impaired Driver be Liable for a Self-Driving Car Accident?
- How Can Having a Permanent Injury Affect My Car Accident Claim?
- Does Insurance Cover Hit-and-Run Accidents?
Works Cited
“California Vehicle Code 22108.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=22108. Accessed 8 May 2024.
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Legal Information Institute, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 8 May 2024.
“Section 5: An Introduction to Driving.” California DMV, https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/introduction-to-driving/. Accessed 8 May 2024.
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