April 30, 2020

Who is at Fault? Side-Swipe

As always when asking a fault question in Sacramento or Elk Grove CA the answer is “it depends.” I witnessed a side-swipe collision once and it made me think about how difficult it is to prove who is at fault when such a crash occurs. Without independent witnesses, it really becomes a “he said she said” situation. We were approaching an intersection and a GMC moved to the left to get into a left turn lane. This person was about four car lengths ahead of me. But I guess she changed her mind because then she drifted back into the left most through lane. A Ford Taurus that was already there laid on the horn to warn the GMC. The GMC noticed […]
April 30, 2020

Who is at fault? Exiting a Driveway

Sometimes you do not have the choice to exit a shopping center at a light. It is those times when drivers have to make an unprotected turn. When traffic is coming from the left and the right and you have to join them, it can be a daunting task. Motorists driving along the roads with driveways should always be on the lookout for exiting vehicles, but if they are going straight, they have the right-of-way. The drivers exiting must wait until the road is clear before pulling out into traffic. This rule is supported by California Vehicle Code section 21804 which states the driver of any vehicle about to enter or cross a highway from any public or private property, […]
April 30, 2020

Who is at fault? Animals in the Roadway

Laskin Balma Attorneys at Law in Sacramento California is currently involved in a very interesting case about a collision caused by an animal in the roadway. Most of the time, animals are not controlled by people and no third person can be held responsible if a collision occurs between them and a vehicle. This is especially true with wild animals such as deer. However, when that animal is a cow and is owned and controlled by a rancher, the facts change and the owner can be held liable for damages caused by a livestock animal. Food and Agricultural Code section 16902 states “A person that owns or controls the possession of any livestock shall not willfully or negligently permit any of […]
April 30, 2020

Who is at Fault? Another Sideswipe

I was nearly in a car accident this morning. There is a spot in Sacramento where people coming off the freeway exit onto a one-way street with a blind curve just behind it. There are people taking that curve at 60 mph who need to get over to the left just as there are people coming off the freeway at 60 mph who need to get over to the right. As you can imagine, it can be a harrowing experience. This morning my driver was changing lanes to the right when a BMW came out of nowhere changing lanes to the left. We were within inches of a collision. Both drivers noticed each other last minute and there was no […]