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re: Louisiana State driving laws, state troopers, l.e. question

Posted on 11/9/18 at 12:01 pm to
Posted by ProjectP2294
South St. Louis city
Member since May 2007
70249 posts
Posted on 11/9/18 at 12:01 pm to
quote:

Just basic common sense says you don't pass thru an intersection.


It's a private driveway, not an intersection though. That changes things.
Posted by LSUsmartass
Scompton
Member since Sep 2004
82365 posts
Posted on 11/9/18 at 12:01 pm to
quote:

What if it is a non-passing zone though?


I'd imagine driver 2 would get a ticket, but police do not determine who is at fault...insurance will argue driver 1 should have checked to make sure the lane was clear behind him before turning

ETA: driver 1 would also get a ticket
This post was edited on 11/9/18 at 12:03 pm
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51586 posts
Posted on 11/9/18 at 12:02 pm to
So Driver 1 is about to make a left turn with his signal on and Driver 2 (proceeding in the same direction Drive 1 had been going) attempts to pass Driver 1 as Driver 1 is turning? Most often that should be Driver 2's fault as he was clearly signalling intent to turn left.

Now... if Driver 1 did not signal then Driver 2 may not be at fault (because how was Driver 2 to know Driver 1's intent without a signal from driver 1).

Regardless, this shows how driving is a defensive action in that you should always be trying to anticipate a-hole moves of drivers around you.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/9/18 at 12:03 pm to
I was Driver 1 in your scenario about 10 years ago.

Driver 2 was deemed at fault and issued a ticket.
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 12:06 pm to
City limits or not city limits?
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 11/9/18 at 12:07 pm to
quote:

As long as the road is dashed




quote:

rural road



quote:

Louisiana





know how I know you live in the city?
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 12:08 pm to
D1 didn't attempt to turn till after d2 crossed center lane to overtake...hwy had yellow dashed line
Posted by Johnnie10lb
Ville Platte
Member since Nov 2014
304 posts
Posted on 11/9/18 at 12:08 pm to
Driver 1 is at fault. Judging from many of the response it's apparent most people don't know how to drive in this state. You cannot impede traffic by trying to make a left turn off of a highway. You should pull over to the shoulder, and wait until both lanes are clear, then proceed with your turn. This is the law and no one follows it.
Posted by Butch Baum
Member since Oct 2007
2827 posts
Posted on 11/9/18 at 12:09 pm to
Don't have a law number AKA statue (Statute)
but the left-hand driver in many cases has a greater duty of care than the overtaking driver who is passing.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/9/18 at 12:09 pm to
quote:

City limits or not city limits?


I don't believe it matters, but I was not in a municipality.

Passing on the left on a two lane road means that the passing vehicle must be certain that the lane is clear of any obstructions.
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 12:12 pm to
Can u give me statute?
Posted by Steadyhands
Slightly above I-10
Member since May 2016
6793 posts
Posted on 11/9/18 at 12:13 pm to
quote:

Did driver 1 have his signal on?


That is the key. And driver one has to admit no signal on.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/9/18 at 12:13 pm to
quote:

Driver 1 is at fault. Judging from many of the response it's apparent most people don't know how to drive in this state. You cannot impede traffic by trying to make a left turn off of a highway. You should pull over to the shoulder, and wait until both lanes are clear, then proceed with your turn. This is the law and no one follows it.


LOL What?

So when I am going to make a left turn, I am supposed to pull off to the right?
Posted by oleheat
Sportsman's Paradise
Member since Mar 2007
13447 posts
Posted on 11/9/18 at 12:14 pm to
quote:

he must yield to all traffic


Oncoming traffic. Not someone behind him using snap poor judgment. What if there were 2 additional cars between them? Does the passing car still have the right of way? Nope.

Best advice? Wait the extra 7 seconds and don't attempt to pass a turning vehicle- unless you're an ambulance driver.
Posted by ProjectP2294
South St. Louis city
Member since May 2007
70249 posts
Posted on 11/9/18 at 12:15 pm to
quote:

So when I am going to make a left turn, I am supposed to pull off to the right?


On a rural hwy when turning into a private drive, absolutely.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/9/18 at 12:18 pm to
quote:

On a rural hwy when turning into a private drive, absolutely.



Link?

Posted by LSUsmartass
Scompton
Member since Sep 2004
82365 posts
Posted on 11/9/18 at 12:19 pm to
quote:

Can u give me statute?

LINK

Click the link to the same exact thread I started 4 years ago...half way down on first page someone did a good of quoting and posting statutes
Posted by ProjectP2294
South St. Louis city
Member since May 2007
70249 posts
Posted on 11/9/18 at 12:21 pm to
quote:

Link?


I don't have a link to my time growing up driving Hwy 182 in St Landry Parish every day for several years.
Posted by cyarrr
Prairieville
Member since Jun 2017
3349 posts
Posted on 11/9/18 at 12:25 pm to
TigerstuckinMS cited a law review article which explains how a left turning vehicle can be at fault.

Posted by LSUsmartass
Scompton
Member since Sep 2004
82365 posts
Posted on 11/9/18 at 12:28 pm to
LINK

quote:

A left-turning driver may only be free from fault when he executed his turn after first ascertaining that the turn can be executed safely and without danger to the normal overtaking or oncoming traffic. Thus, the left-turning driver must always yield to the right-of-way of other vehicles. Accordingly, the left-turning vehicle must properly and timely signal that he is turning left and also check traffic behind him and traffic that is oncoming. Only then can he assert that he is free from fault if there is a collision between him and the passing vehicle. Ponthieu v. Dubroc, 108 So.2d 25 (La. Ct. App. 1958)
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