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

Determining fault in an accident is tricky. Especially when none or multiple violations occur.

One thing to remember is on most accident reports, the vehicle listed at #1 is likely the one at fault. Also understand "fault" is determined by the driver that last had the ability to avoid the accident. This is for those situations where a person knows they are in the right but sees and accident is about to occur but does not try to avoid it.

In the scenario posted by the OP, the "fault" lies on the driver making the left turn, as long as this occurred in a passing zone. The approaching vehicle has already made a move to overtake the turning vehicle. There is a responsibility on a driver when crossing a lane of traffic to make sure it is clear and safe to do so.

La RS 32:104 A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in R.S. 32:101, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.

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My understanding is driver 1 is at fault....

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Not necessarily

It depends who started first.... if the vehicle 1 was already turning my when vehicle 2 began to pass....vehicle 2 is at fault.

If vehicle 2 was already in the act of passing when vehicle 1 began to tune then vehicle 1 is at fault.

70% fault on Driver 1
30% fault on Driver 2

Changes if Driver 1 wasn't using a turn signal. You aren't going to get a statute citation. Fault attribution is up to the Judge or Jury. Above is just my opinion.

Yes that's the law

Driver 1 is at fault, driver 2 had taken control of the other lane. Driver 1 then entered that lane, causing driver 2 to run off the road.

This is all assuming that this is a legal passing zone.

In my case I was stopped just past the crest of a hill turning left with another vehicle directly behind me. The other vehicle was a truck pulling a cattle trailer. They had a dude driving a Crown Vic at a high rate of speed who crested the hill and saw the truck/trailer but not me. He moved over to pass and then I pop out from in front the truck/trailer turning into someone's driveway. He slammed me in the arse almost breaking my neck and spun me 360 deg into a ditch. The Crown Vic was totaled on the spot, with the horn just blaring. The 85 Toyota pickup I was driving that day was mostly fine. I drove it out the ditch and on home when all was said and done.

This happened in August of 2004.

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It was a yellow dashed line

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Regardless you have to yield to any vehicles in a lane before you enter that lane.

Driver 1 would be at fault

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Sounds like vehicle 1 would be at fault if vehicle 2 took control of the opposite lane prior to v1 attempting to make left hand turn.

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Exactly