California drivers exiting parking lots or driveways to enter a roadway must always yield the right-of-way to traffic already on the road.
According to the California Vehicle Code, motorists leaving their driveways bear the responsibility to only pull out onto the highway when it’s safe to do so. Most accidents caused when a car pulls onto a street would be blamed on the driver entering the road.
- The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.
Liability When Someone Is Pulling Out of a Driveway
Drivers can leave home each day, go to work or school, and return in the evening. In that time, they may have exited parking lots or driveways several times.
It may seem like a simple part of the trip, but when motorists get careless, collisions occur.
CVC 21804 puts the accountability on the driver leaving their driveway or a parking lot. They must give the motorists already on the road the right-of-way. It’s their duty to wait until traffic lightens up and only proceed with pulling out when approaching vehicles aren’t close enough to present a collision hazard.
The statute asks for drivers to only exit, or cross the highway, when it’s reasonably safe to do so. This means watching out for pedestrians and riders too.
A driver who exits carelessly can be cited, pay a fine and expensive court fees, and receive a point on their DMV record.
Fault in an Accident: If the driver causes an accident, it could also leave them responsible for the costs of replacing a vehicle. The fact that the driver ignored the statute and left a driveway when it wasn’t safe would go a long way in proving who was to blame. What’s more, they could hurt someone and have to cover medical bills and the victim’s lost paychecks while they can’t work.
See: Who is responsible when a driver makes a left-turn and causes an accident?
The Responsibility of Drivers Already in the Lane
The liability starts out with the person leaving a parking lot or driveway, but at a certain point, the right-of-way shifts.
As long as the person pulled out at a reasonably safe moment, fulfilling their duty under CVC 21804, they would then get the right-of-way. Drivers who were approaching would then be responsible for slowing down, if needed, to prevent an accident. They would be required to allow the driver to enter the highway and join traffic safely.
The shift in accountability is laid out in a subsection of the vehicle code.
- A driver having yielded as prescribed in subdivision (a) may proceed to enter or cross the highway, and the drivers of all other vehicles approaching on the highway shall yield the right-of-way to the vehicle entering or crossing the intersection.
Collecting Evidence After an Accident
Of course, someone pulling out in front of you may say they waited until a safe moment, but that may not have been the case.
It’s important to back any accident case with the best evidence possible. It means taking action on the scene if it’s safe and if you are feeling strong enough.
Look to secure important pieces of evidence while completing these steps:
- Call 911. Get checked out by paramedics and leave in the ambulance if necessary.
- Give the Police a full report. Tell officers everything you can remember about when the driver chose to pull out of a driveway.
- Take pictures of the damage to the cars, show marks on the pavement, and show any visible injuries.
- Get contact information from any witnesses.
- Swap info with the other driver, unless a police officer provides it to you.
Even after going to the ER, you’ll want to document your injuries with your own doctor. Make an appointment, tell your physician what happened, and alert them to any new pain you feel. The shock of an accident can leave you numb to your injuries until a day or two later when an arm or leg starts to hurt.
If you’ve suffered a serious injury, like a bone fracture, a neck or back injury, or a Traumatic Brain Injury (TBI), it’s a sign that you should talk to a lawyer. The medical bills will be higher, and that means car insurance companies will work harder to avoid blame. Your lawyer fights back and works to get you much more for your recovery. This is often much more than you could earn on your own.
Contact a California Car Accident Attorney
Please schedule a free case consultation with Maison Law as soon as possible if you’ve been hurt in an accident. Also, please call us if a loved one has been seriously hurt in an accident.
There’s no obligation for your meeting. But if you do need our help to earn more, you don’t have to worry about how you’ll pay a lawyer at such a tough time. We aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
