"It Wasn't My Fault"
CA DMV Handbook

Have you ever said this after a collision? Most drivers have, at one time or another. What they generally mean is that they are not legally at fault. It is very rare that a driver in a collision is completely without fault. In most cases there is some thing they could have done to prevent it.

The Most Common Causes of Collisions

Unsafe Speed. Driving on the wrong side of the road. Improper turns. Violations of the right-of-way. Violation of stop signals and signs.

Another cause of collisions is traffic congestion, Chronic traffic congestion is the California commuter's biggest headache, but even small changes in driving habits could provide fast relief, according to the California Office of Traffic Safety (OTS). Several driving behaviors which contribute to congestion were identified by a task force of experts from the OTS, Highway Patrol, Department of Transportation, and DMV, including:

• Rubbernecking - perhaps the most frustration of behaviors, slowing down to look at accidents and virtually anything else out of the ordinary is one of the worst congestion offenders.
• Tailgating - following too closely is common on California freeways, accounting for innumerable accidents which in turn clog major traffic corridors, often for hours.

The Case Of The Driver Who Was Trapped

Car 1 was approaching an intersection at about 40 mph. The traffic light had been red for some time. While the driver of Car 1 was still about 200 feet from the intersection, he saw that the light was about to change. He figured that it would turn green by the time he reached the intersection, so he did not slow down.

Car 2 was approaching the intersection from the right at the same time. The driver slowed to let Car 3 complete a left turn in front of him. As a result, he was still in the intersection when the light changed. Car 2 was hit broadside by Car 1.

The driver and the passenger in Car 2 were both seriously injured. The driver of Car 1, who was not wearing his seat belt or shoulder harness, suffered broken ribs, internal injuries, and massive facial cuts when he hit the steering wheel and windshield.

Who was at fault in this collision?
The driver of Car 1?
The driver of Car 2?
The driver of Car 3?

The driver of Car 1 was legally at fault for this collision. He entered the intersection just as the traffic light turned green. But he was not driving carefully enough to avoid a collision. The green light allows the driver to proceed ONLY IF IT IS SAFE TO DO SO.

The driver of Car 1 should not have assumed that the intersection would be clear. He should have slowed down and checked in both directions before proceeding.

A green light does not guarantee that the intersection will be clear. Any one of the following could be there:

1. A driver who was trapped in the intersection before the  light changed.
2. A driver who tried to "beat the light" at the  last second.
3. A driver who didn't notice the light change until he was  too close to stop.
4. A driver who was under the influence of alcohol or drugs.
5. A driver whose car had poor brakes or tires.

The driver of Car 1 did not have his seat belt or shoulder harness fastened before he started to drive. When the car stopped on impact, he kept moving, hitting the steering wheel and windshield. When there is a collision, seat belts and shoulder harnesses are the best possible protection for everyone in the car. But they only protect when people wear them.

The driver of Car 2 also helped to cause the collision. Although he saw Car 3 turning left, he entered the intersection on the yellow light. He knew he was going to be "trapped" in the middle of the intersection. But he didn't want to wait for the next green light. For that, he risked his life and that of another person.

Here is another example of a "trap" at an intersection: A driver starts to make a left turn. Suddenly, he sees a pedestrian crossing the side street and is forced to stop in the path of an oncoming car. Always check your path ahead and make sure it is clear before you start to turn.

Rule Number 1. Do not enter an intersection even if you do have a green light unless you are sure it is safe and there is enough space to completely cross before the light turns red. A green traffic light does not guarantee that it is safe to enter an intersection; a red traffic light does not automatically stop all approaching vehicles. Be particularly careful just after the light has changed.

Rule Number 2. Do not enter an intersection unless you are sure you can make it all the way through at a safe rate of speed. Any time you have to stop in an intersection, you run the risk of being struck.

Rule Number 3. Fasten your seat belt and shoulder harness before you start. You won't have a chance to do it before a collision.