Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: I was pulling out of my driveway when I was hit by a vehicle driving along the street. Who is at fault?
A: Unfortunately, since you were pulling out from your driveway onto the street and the other driver was already driving along the street, the other driver had the right of way. California Vehicle Code section 21804 states that motorists entering onto a roadway must yield to traffic already on the roadway. In other words, you must wait for all nearby vehicles to pass before you can pull out of your driveway.
Turning the facts around a little bit, let's look at who is at fault if you are hit while pulling into your driveway while driving on the roadway. In that case, if a driver hits you while they are driving in the same direction as you, it would seem that they would be at fault for causing the traffic collision because they failed to stop or were traveling too fast for conditions. That would be a violation of California Vehicle Code section 22350.
Of course, every case is different and the facts of each case determine who is at fault for causing the car accident.
The San Diego car accident lawyers at the Jurewitz Law Group provide important strategies and news affecting San Diego auto accident injury victims. Follow our Facebook updates for more information. For free information and for help with your car accident claim, contact our San Diego personal injury law office at 888-233-5020 for a free consultation.
