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Louisiana traffic law and left turns question

Posted on 4/18/14 at 3:50 pm
Posted by LSUsmartass
Scompton
Member since Sep 2004
82376 posts
Posted on 4/18/14 at 3:50 pm
Here is the scenario:

Driver A is on a simple 2 lane hwy(one lane of traffic in each direction), he is making a left turn into his driveway. Driver B is impatient and attempts to pass driver A, hitting Driver A as he is turning. Who is at fault?
Posted by gaetti15
AK
Member since Apr 2013
13371 posts
Posted on 4/18/14 at 3:51 pm to
Driver B
Posted by C
Houston
Member since Dec 2007
27842 posts
Posted on 4/18/14 at 3:52 pm to
Driver B
Posted by Polycarp
Texas
Member since Feb 2009
5580 posts
Posted on 4/18/14 at 3:52 pm to
Driver A.
Posted by High C
viewing the fall....
Member since Nov 2012
54259 posts
Posted on 4/18/14 at 3:53 pm to
My grandfather and I had a wreck exactly in that scenario. We were driver A. I was only 8, but common sense says B is at fault if a turn signal was used.
Posted by Turkey_Creek_Tiger
Member since Dec 2012
12343 posts
Posted on 4/18/14 at 3:53 pm to
(no message)
This post was edited on 5/19/14 at 12:56 pm
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 4/18/14 at 3:53 pm to
Did driver B pass the driver on the left who was turning left? If so not only is driver B at fault but a pretty dumb person.
Posted by LSUfan4444
Member since Mar 2004
54207 posts
Posted on 4/18/14 at 3:55 pm to
quote:

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) Except when overtaking and passing on the right is permitted, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Acts 1962, No. 310, §1.



quote:

§75. Limitations on passing on the left

No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.

Acts 1962, No. 310, §1.



quote:

When passing on the right is permitted

A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a one-way street, or upon a highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles;

(3) Upon multiple-lane highways.

B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the highway.


Posted by burgeman
Member since Jun 2008
10369 posts
Posted on 4/18/14 at 3:57 pm to
No idea
This post was edited on 9/24/20 at 5:01 pm
Posted by Rex
Here, there, and nowhere
Member since Sep 2004
66001 posts
Posted on 4/18/14 at 4:20 pm to
I'd say Driver A is at fault, which seems both fair AND logical to me.

Suppose, for example, driver B is impatient following you so suddenly decides to pass in a safe passing zone. You don't like to be passed so you turn left to trap him into an accident and into a liability..... Hmmmm.

I think that if driver B is doing everything legal, including passing, then that's not much a different situation than two cars on a double highway. You can't just change lanes without looking. The driver in the front would seem to have a legal obligation, in fairness, to check in his rear view mirror before abandoning any lane, even for a left-hand turn.
This post was edited on 4/18/14 at 4:22 pm
Posted by MrSmith
Member since Sep 2009
8311 posts
Posted on 4/18/14 at 4:22 pm to
It's driver A. I was in this exact situation except they were turning left into a parking lot. The driver I was passing got the ticket and paid for my damage.

ETA: Cop said it was because I had possession of the lane first.
This post was edited on 4/18/14 at 4:25 pm
Posted by Volvagia
Fort Worth
Member since Mar 2006
51954 posts
Posted on 4/18/14 at 4:40 pm to
Driver B.


Driver A can't drive either apparently though to create this scenario/
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 4/18/14 at 5:04 pm to
I cannot fathom that driver B would not be at fault. If that were the case, cars could just freely pass A (trying to make the left turn) instead of stopping, so A would have to wait for the oncoming traffic to clear AND the following traffic to clear before making the turn? Stupidest thing I've ever heard.
Posted by drewnbrla
The Pool is closed.
Member since Mar 2011
7839 posts
Posted on 4/18/14 at 5:29 pm to
Is driver B also traveling in the same direction as Driver A? If so, Driver B. Not even a question.

quote:

Actually, its Driver A. Taking a left turn without a turn lane is illegal in Louisiana.


False. If this was true, there would be no such thing as two lane roads In Louisiana. While true on two lane roads with double lines, but not on neighborhood streets or roads with houses or any other domicile that resides on said road, absent a concert median.
This post was edited on 4/18/14 at 5:33 pm
Posted by Napoleon
Kenna
Member since Dec 2007
69385 posts
Posted on 4/18/14 at 5:48 pm to
I know someone who liked to get frivolous lawsuits.

He would go to a busy two lane street and stop and put his left turn blinker on, as soon as someone would pass him on the right, he would turn to the right.
Getting T-boned. This guy made $35,000 in a year doing this twice.

This post was edited on 4/18/14 at 7:06 pm
Posted by tketaco
Sunnyside, Houston
Member since Jan 2010
19801 posts
Posted on 4/18/14 at 5:59 pm to
Kill driver B.
Posted by Turkey_Creek_Tiger
Member since Dec 2012
12343 posts
Posted on 4/18/14 at 6:14 pm to
if we just privatized roads then the market would take of problems like this
Posted by Liberty tiger13
Prairieville
Member since Jan 2014
531 posts
Posted on 4/18/14 at 6:26 pm to
B
Posted by Bengalbadguy
BR
Member since Jan 2009
1537 posts
Posted on 4/18/14 at 8:00 pm to
Is this Brightside and Nicholson?
Posted by Isabelle
Member since Jul 2012
2726 posts
Posted on 4/18/14 at 8:06 pm to
Driver a is in the wrong. Driver b has right of way. I learned this from brpd during accident
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