California Vehicle Code (CVC) allows passing on California highways, but drivers should usually pass on the left and shouldn’t interfere with the vehicle that’s being passed.
Passing on the right is allowed in certain situations, but should never be done if there isn’t a right lane available.
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle, subject to the limitations and exceptions set forth in this article.
The Safe Way to Pass on a California Freeway
The vehicle code asks three main things from drivers as they consider passing a vehicle:
- Pass to the left
- Make sure there’s a safe distance between all the vehicles involved
- Do so without interfering with the driver being passed
If a passing driver jumps back into the lane, forcing the motorist who was passed to have to hit the brakes, it means there wasn’t a safe distance. The driver was interfered with. The passing maneuver shouldn’t have been attempted.
Drivers who don’t allow for these three requirements, and others, can receive a ticket, a fine, and a point going towards their driver’s license. These points can add up, and if you receive multiple over a period of time, motorists can face a license suspension.
Violators can also be liable for any accidents caused by their careless passing. That means paying for victims’ car repairs, medical bills, and lost time at work.
The DMV’s California Driver’s Handbook explains some unsafe situations where drivers should not attempt to pass:
- If you are approaching a hill or curve and cannot see if other traffic is approaching. This is very dangerous on one and two-lane roads.
- Within 100 feet of an intersection, bridge, tunnel, railroad crossing, or other hazardous area.
- At crossroads and driveways.
- Unless you have enough space to return to your lane.
The handbook also asks drivers who are being passed to maintain a steady speed and position.
Can You Pass on the Right in California?
Yes, you can pass a vehicle on the right in certain situations on California roads. CVC 21755 explains that first, there must be a lane to the right. Drivers cannot use a shoulder or a bike lane area to pass on the right. The move must also be made when it’s safe to do so.
The particular circumstances that mean a right turn is legal are listed in another code.
The driver of a vehicle may overtake and pass to the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn.
(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.
(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.
(d) Upon a one-way street.
(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.
The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.
Even when right-hand passing is allowed, drivers must still only do so when the lane is clear, it’s safe, and they won’t interfere with any other driver’s travel.
How Do I Know If I Need a Lawyer for My Insurance Claim?
If a driver trying to pass you sends you into a collision, and you were seriously hurt, it’s a good idea to talk over your case with a real California car accident lawyer. You could earn much more than you could win by handling your case yourself. You may also need protection if a car insurance company tries to twist the facts to blame you.
Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation.
If you do need our help, you don’t have to worry about how you’ll pay a lawyer at such a difficult time. There are no upfront costs. And we aren’t paid unless we win your case for you. Then our fee comes out of the settlement check the insurance company must write.
