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Started By
Message
re: Louisiana State driving laws, state troopers, l.e. question
Posted on 11/9/18 at 1:54 pm to Thacian
Posted on 11/9/18 at 1:54 pm to Thacian
quote:
Driver 1 is driving and slowing to a stop to turn left into a private driveway on a rural hwy(country hwy). Driver 2 , is behind driver 1 and as he comes up behind driver 1, he sees he is just stopped in road, as driver 2 sees this ,he attempts to over take or pass driver 1, at this moment driver 1 decides to turn left forcing driver 2 off the road as he is passing him and wrecks unit a light pole and fence....who is at fault? Cite the law if possible... My understanding is driver 1 is at fault....
An almost exact scenario happened to my father in Chauvin, LA and he was driver 1 using his blinker turned left into our concrete driveway and a kid decided to pass him(driver 2) then t-boned him and the LSP trooper on scene ticketed him. Makes absolutely zero sense to me.
This post was edited on 11/9/18 at 2:00 pm
0
Posted on 11/9/18 at 1:55 pm to arcalades
Within city limits yes u are correct....however this was in the country on a 2 lane hwy...the law is complete different than inside any city limit
This post was edited on 11/9/18 at 1:56 pm
Posted on 11/9/18 at 2:01 pm to Bard
Dash does matter and the law clearly says on a rural hwy, d1 cannot make a left turn intp a private driveway until that left lane is totally clear of traffic coming from either direction....call any state trooper and ask....d1 is at fault
This post was edited on 11/9/18 at 2:02 pm
Posted on 11/9/18 at 2:03 pm to Thacian
I didn't place any legal fault on anyone in my statement.
Just stated who was being a dick.
"Here lies the body of Julian Grey
Who died defending his right of way
He was right, dead right, as he sped along
But he's just as dead as if he were wrong"
Just stated who was being a dick.
"Here lies the body of Julian Grey
Who died defending his right of way
He was right, dead right, as he sped along
But he's just as dead as if he were wrong"
Posted on 11/9/18 at 2:05 pm to Thacian
quote:
the law is complete different than inside any city limit
I'm not sure why you keep saying this. Many of the posters are about half right. There are multiple scenarios here. If driver 1 was already in the turning movement, driver 2 is at fault. If driver 2 was already passing the and driver 1 started the turn, driver 1 is at fault. I'm guessing since Louisiana is a comparative fault state you will both be found to be, at least in part, at fault. This is before we discuss whether there was any negligence by either driver. Either way, you were a selfish aggressive a-hole that could have caused a fatal injury in the name of saving 5 seconds.
Posted on 11/9/18 at 2:05 pm to Thacian
quote:
Dash does matter and the law clearly says on a rural hwy, d1 cannot make a left turn intp a private driveway until that left lane is totally clear of traffic coming from either direction....call any state trooper and ask....d1 is at fault
That is exactly what the trooper told my pissed off dad
Posted on 11/9/18 at 2:15 pm to Thacian
quote:
Dash does matter and the law clearly says on a rural hwy, d1 cannot make a left turn intp a private driveway until that left lane is totally clear of traffic coming from either direction....call any state trooper and ask....d1 is at fault
Why the frick did you even make this thread and ask the question if you're so damn confident what the law says and who was in the wrong? Just so you could let people say driver 2 is at fault then waltz on in swinging the long dick of the law and put these ignant people in their place?
Posted on 11/9/18 at 2:22 pm to Fe_Mike
This is one of those laws that make zero sense. The driver pulling out into the opposite lane to pass should have the obligation to insure the lane is free of traffic. His only defense should be if the other driver didn't use his turn signal.
Posted on 11/9/18 at 2:47 pm to Jim Rockford
quote:
This is one of those laws that make zero sense. The driver pulling out into the opposite lane to pass should have the obligation to insure the lane is free of traffic. His only defense should be if the other driver didn't use his turn signal
What people are failing to account for is negligence. The law makes total sense to me, but all these lawyers that got their JD from the school of operations are talking so far out of their arse it's comical
Posted on 11/9/18 at 2:52 pm to Mingo Was His NameO
What I don't understand is why do people have to slow to a crawl to turn into a private drive. See this crap all the time on rural hwys, people almost come to a freaking stop on a 55 mph + hwy expecting people behind them to just stop on a dime. If you can not make the turn within a reasonable speed or there is a traffic blocking you from turning then pull over and wait. If your driveway is so narrow that you have to bascially stop to make the turn then widen the damn driveway.
Posted on 11/9/18 at 2:52 pm to Wayne Campbell
quote:
Why would a person passing have the right of way over someone attempting a legal left turn?
If that was the case every one would drive around him and he would never turn
Posted on 11/9/18 at 2:56 pm to Jim Rockford
quote:
This is one of those laws that make zero sense. The driver pulling out into the opposite lane to pass should have the obligation to insure the lane is free of traffic. His only defense should be if the other driver didn't use his turn signal.
He does.....but once he pulls into that lane everyone wishing to cross that lane has the obligation to yield.
Basically if you want to enter or cross a lane of travel you have to yield to any other vehicles already using that lane.
Posted on 11/9/18 at 2:56 pm to C
quote:
Yes driver 1 is at fault. He must yield to oncoming traffic
Read it again. Driver 2 was behind Driver 1, and attempted to pass. Not oncoming.
Posted on 11/9/18 at 2:59 pm to TigerCoon
quote:
Read it again. Driver 2 was behind Driver 1, and attempted to pass. Not oncoming.
Oncoming means approaching doesn’t matter direction
Posted on 11/9/18 at 3:03 pm to Team Alpha Beast
Think of it as a two lane one way road.....if you want to change lanes....you are obligated to make sure the other lane is clear before you enter the other lane....same thing with left turns.
Posted on 11/9/18 at 3:07 pm to Thacian
driver 1 is at fault, though that could be mitigated some if he had used his blinker for 100 feet before the turn
“It is clear from the jurisprudence that a left turning motorist bears a higher standard of care than ordinary”; standard described as “a high degree of care,” “higher duty of care,” “exceptional duty of care,” and “considerable in degree”. Bond v. Jack, 387 So.2d 613, 615 (La.App. 3 Cir. 1980), aff'd, 407 So.2d 401 (La.1981)In Lang v. Cage, 554 So.2d 1312, 1316 (La.App. 1 Cir. 1989), writ denied, 558 So.2d 605 (La.1990), the first circuit further explained:
The jurisprudence of this state is well settled that a motorist who attempts to make a left turn from a public highway is required to ascertain in advance that the way is clear and that the turn can be made safely and without endangering oncoming or overtaking vehicles and he must yield the right of way to such vehicles. The failure of a left turning motorist to make such a determination and to exercise the required degree of caution before undertaking to make such a turn constitutes negligence.
“It is clear from the jurisprudence that a left turning motorist bears a higher standard of care than ordinary”; standard described as “a high degree of care,” “higher duty of care,” “exceptional duty of care,” and “considerable in degree”. Bond v. Jack, 387 So.2d 613, 615 (La.App. 3 Cir. 1980), aff'd, 407 So.2d 401 (La.1981)In Lang v. Cage, 554 So.2d 1312, 1316 (La.App. 1 Cir. 1989), writ denied, 558 So.2d 605 (La.1990), the first circuit further explained:
The jurisprudence of this state is well settled that a motorist who attempts to make a left turn from a public highway is required to ascertain in advance that the way is clear and that the turn can be made safely and without endangering oncoming or overtaking vehicles and he must yield the right of way to such vehicles. The failure of a left turning motorist to make such a determination and to exercise the required degree of caution before undertaking to make such a turn constitutes negligence.
Posted on 11/9/18 at 3:09 pm to Team Alpha Beast
Negative. A vehicle trying to pass is overtaking, not oncoming.
My understanding a driver turning left has a higher standard level of care. He is supposed to know it is clear before turning. Did he signal, etc?
Technically, an overtaking vehicle is SUPPOSED TO sound his horn to signal his intent to passes. Nobody does, but it is the law.
Most likely, if the passing vehicle didn't sound his horn, this is comparative negligence with most of it going on Vehicle 1, the left turner.
I am talking liability here. No clue who gets the ticket.
My understanding a driver turning left has a higher standard level of care. He is supposed to know it is clear before turning. Did he signal, etc?
Technically, an overtaking vehicle is SUPPOSED TO sound his horn to signal his intent to passes. Nobody does, but it is the law.
Most likely, if the passing vehicle didn't sound his horn, this is comparative negligence with most of it going on Vehicle 1, the left turner.
I am talking liability here. No clue who gets the ticket.
This post was edited on 11/9/18 at 3:10 pm
Posted on 11/9/18 at 3:15 pm to TigerCoon
quote:
Negative. A vehicle trying to pass is overtaking, not oncoming.
A vehicle passing is overtaking and oncoming.
Oncoming does not indicate direction only that it is approaching....it is a broader term.
This post was edited on 11/9/18 at 3:17 pm
Posted on 11/9/18 at 3:18 pm to Team Alpha Beast
You might be right-- I am not a lawyer, but that isn't how it was taught to me in my insurance days a lifetime ago. :)
Posted on 11/9/18 at 3:25 pm to Thacian
Driver 1 is at fault. If the person is turning into a private drive, they must yield to all other traffic in either lane. Ideally, Driver 1 should pull over on the right side of the road and make sure all is clear before making the L turn attempt.
Had a friend learn this the hard way in high school as it totaled his vehicle and he got the ticket trying to turn into his parents' driveway.
Had a friend learn this the hard way in high school as it totaled his vehicle and he got the ticket trying to turn into his parents' driveway.
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