XIV.
Driver Responsibility
Pedestrian Safety
Remember: Pedestrian safety is a serious issue. One in six traffic fatalities is a pedestrian. Pedestrians lose in any accident, regardless of who had the right-of-way. Drive cautiously when pedestrians are near and may cross your path.
Pedestrians have the right-of-way at corners, whether or not the crosswalks are marked by painted white lines. Pedestrians have the right-of-way in crosswalks. If you stop in the crosswalk, you put pedestrians in danger. Those pedestrians often have to go into the traffic lanes to avoid being hit by you because you have violated their right-of-way.
Whenever there is a lot of activity along the side of the road, there is a good chance that someone will cross or enter the road. Therefore, it is very important to look to the sides when you are near:
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Shopping centers and parking lots. |
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Construction areas. |
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Busy sidewalks. |
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Playgrounds and school yards, etc. |
Stop for the safety of anyone crossings the street on foot. Do not pass a vehicle from behind that has stopped at a crosswalk. A pedestrian hidden from your view may be crossing.
Do not drive on a sidewalk, except to cross it at a driveway or alley. When crossing, yield to any pedestrian.
Pedestrians using dog guides or white canes with or without a red tip must be given the right-of-way at all times. These pedestrians are partially or totally blind so be especially careful when turning corners or backing up.
On the Lighter Side: This girl had a blind date. When she came back, her friend asked her, "How was your date?" The girl said, "The date was fine. The dog and I got along just fine."
Motorcycle Safety
Motorcyclists have the same rights and responsibilities on public roadways as automobile drivers. While everyone must follow the same traffic laws, motorcyclists face unusual dangers because they are hard to see and the motorcycle requires exceptional handling ability. Many motorcycles are operated with the headlight on, even during daylight hours, to increase their visibility.
Here are a few specific actions you should take to share the road safely with motorcyclists:
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When changing lanes or entering a major thoroughfare, make
a visual check for motorcycles, in addition to using your mirrors. Motorcycles are small and this
allows them to tuck easily into the blind spots of other vehicles. |
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Allow a four-second following distance for motorcyclists.
Four seconds will allow you time to avoid hitting the motorcyclist if he or she should fall. |
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Motorcycles are entitled to the same full lane width as
all other vehicles. Although it is not illegal for motorcycles to share lanes, it is unsafe. |
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When preparing to make a turn, make sure you check for
motorcyclists and know their speed before turning. |
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Road conditions which are minor annoyances to you can pose
major hazards to motorcyclists. Potholes, gravel, wet or slippery surfaces, pavement seams,
railroad crossings, and grooved pavement can cause motorcyclists to change speed or direction
suddenly. If you are aware of the effect of these conditions and drive with care and attention, you
can help reduce motorcycle collisions, injuries, and fatalities. |
Bicycle Safety
Bicycle riders on public streets have the same rights and responsibilities as automobile drivers. Drivers of motor vehicles must treat bicycle riders the same as drivers of other motor vehicles. Bicyclists are not out of place on the roadway - they are part of the traffic and share the road with other drivers. They must obey stops signs, traffic lights, and most other traffic laws and signs. Special care must be used near them because any accident with them will probably result in serious injury. This means that automobile drivers must leave safe passing room and must not turn so close to them that the bicyclist is in danger of being hit.
Although bicyclists will normally ride near the right curb or edge of the roadway, they can legally move left to turn left, to pass another vehicle or bicycle, or to avoid debris or parked cars. They may have to swerve to avoid a car door suddenly opening. Expect any of these moves by bicyclists in a main traffic lane. Remember, on one-way streets, this can be the left hand lane.
Bicycle operators and passengers, under 18 years of age (including children in attached bicycle seats or in towed trailers) shall wear a properly fitted and fastened bicycle helmet. This helmet must be labeled to show that it meets applicable safety standards, Violation of this law is punishable by a fine. When the lane is too narrow to pass a bicyclist safely, wait until the next lane is clear and give the bicyclist all the rights of any other slow moving vehicle.
A motorist parked at a curb must not a open a door on the traffic side of a vehicle without looking for other vehicles, including bicycles or motorcycles.
Bicycle riders may give right turn signals with their right arm held straight out, pointing right. Remember, bicycles are small and sometimes drivers do not see them.
Miscellaneous
The Law: Stereo Earphones No person operating any motor vehicle or bicycle shall wear any headset covering, or any earplugs in, both ears. 27400
School Buses
You may come upon a school bus which is stopped and flashing lights. This is a warning for you to prepare to stop because the children are preparing to leave the bus.
When you come upon a school bus stopped on either side of the road with flashing red lights, you must stop. The flashing red lights are located at the top front and top back of the bus. School children will be crowding the road to or from the school bus. Remain stopped as long as the red lights are flashing. Failure to do is a violation of VC 22454. You may be fined up to $1000 and your driving privilege could be suspended for a period of one year.
You need not stop if the bus in on the other side of a divided highway.
Buses and Streetcars
Do not drive through a safety zone, which is a space set aside for pedestrians and marked by raised buttons or markers on a roadway.
When people are boarding or leaving a streetcar where there is no safety zone, stop behind the nearest door or vehicle platform and wait until the people have reached a safe place.
When a bus or streetcar is stopped at a safety zone or at an intersection where traffic is controlled by a police officer or traffic signal, you may pass, as long as it is safe to do so, and at no more than 10 mph.
Do not overtake and pass on the left of any interurban train or streetcar, whether it is moving or standing except when you are on a one-way street; when the tracks are so close to the right side that you cannot pass on the right; or when a traffic officer directs you to pass on the left.
Light Rail Vehicles (Trolleys)
Light rail vehicles, or trolleys, have the same rights and responsibilities on public roadways as other vehicles. Although everyone must follow the same traffic laws, trolleys, because of their size, require exceptional handling ability.
Here are some specific steps you can take to safely share the road with trolleys:
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Be aware of where trolleys operate. |
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Never turn in front of an approaching trolley. |
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Be aware that buildings, trees, etc., cause blind spots
for the trolley operator. |
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Maintain a safe distance from the trolley if it shares a
street with vehicular traffic. |
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Look for approaching trolleys before you turn across the tracks. Complete your turn only if a signal (if installed) indicates you may proceed. |
Note: Trolleys can preempt traffic signals so do not proceed forward until the signal light indicates you may.
Railroad (Train) Crossings
Signs warn you that you are approaching railroad tracks. Look and listen for trains in both directions. Be ready to stop, if necessary. You should expect a train on a track at any time, day or night. Never stop on a railroad track. Usually by the time a train sees you, it will be too late for it to stop.
When traffic is heavy, wait off the tracks until you are sure you can drive over them without stopping. Watch for vehicles that must stop before crossing the tracks, such as buses, school buses, and large trucks transporting hazardous loads.
Flashing red lights at a railroad crossing means STOP!
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Stop at least 15 feet from the tracks when: |
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A person or signal warns that a train is coming. |
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You see a train coming. |
You hear the horn or bell of a train close by.
Never start across if there isn't room for your vehicle on the other side of the tracks. Don't go ahead until you can see clearly in both directions because there may be a second train coming from either direction .
Do not go around or under any closed railroad gate. Cross only when it is safe.
The spate of recent collisions at railroad crossings has spawned a new penalty. A first railroad grade crossing offense would cost you a fine of $100, which increases to $200 and $250 for a second and third offense. The court may also require you to attend a traffic school.
Emergency Vehicles
You must yield the right-of-way to a police car, fire engine, ambulance, or other emergency vehicle using a siren and red light. Pull as close to the right edge of the road as possible and stop until the emergency vehicle has passed. However, don't stop in an intersection. Continue through the intersection and then pull to the right as soon as you can. Sometimes emergency vehicles will use the wrong side of the street to continue on their way. They sometimes use a loud speaker to talk to drivers blocking their path.
It is against the law to follow within 300 feet of any emergency vehicle which is answering an emergency call.
You may be arrested if you drive for sight-seeing purposes to the scene of a fire, accident, or other disaster. You could interfere with the essential services of police, fire fighter, ambulance crews, or other rescue or emergency personnel.
You must not drive over unprotected fire hoses. You must obey any traffic direction, order, or signal by a traffic or police officer or a fire fighter. Obey any order in emergency or special situations, even if it conflicts with existing signs, signals, or laws.
You must obey instructions from school crossing guards and signal persons at road constructions sites.
Slow-Moving Vehicles
Some vehicles have trouble keeping up with the speed of traffic. Look for these vehicles and adjust your speed before you reach them. Farm tractors, animal drawn carts, and road maintenance vehicles usually travel 25 mph or less. Slow moving vehicles may have an orange triangle on the back.
Watch for large trucks and small, underpowered cars because on long or steep hills they lose speed. When entering traffic, they take longer to get up to speed.
Animal-Drawn Vehicles
Horse-drawn vehicles and riders of horses or other animals are entitled to share the road with you. It is a traffic offense to scare horses or stampede livestock. Slow down or stop, if necessary, and when requested to do so by the riders or herders.
Procedures When Involved In A Collision
Collisions
If you see vehicle warning hazard lights ahead, slow down. There may be a collision or other road emergency ahead. Stop and give assistance, or pass very carefully, if possible.
Sometimes on your car radio, you'll hear accident reports. Radio or news reports of collisions or roadwork often refer to numbered traffic lanes. The left or "fast" lane is called the "Number 1 Lane." The lanes to the right of the #1 lane are called the #2 lane, then the #3 lane, etc.
Avoid
driving near collisions. Take another road, if you can. Those injured will be helped faster if other
vehicles aren't blocking the road.
Never drive to the scene of a collision, fire or other disaster to look. You may block the way for police, fire fighters, and ambulances, and you may be arrested for doing this.
It is against the law to follow closely behind any fire engine, police car, ambulance, or other emergency vehicle with a siren or flashing lights.
If you must drive near a collision, don't slow down or stop just to look. You may cause another crash. Drive by carefully, watching for people in the road. Never drive over an unprotected fire hose!
Obey any other from a police office or fire fighter. Their orders should be obeyed even if you must ignore normal traffic laws or signs.
If You See A Collision
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If you are the first person at a collision scene, pull
completely off the road after you have passed the accident. Check to see if anyone is injured. |
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Tell the next person who stops to call 9-1-1. Give that
person information on the injured persons. |
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Ask other people to warn approaching traffic and put out
flares or emergency triangles, if any are available. Watch for and avoid gasoline! |
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Help anyone who is not already walking and talking. |
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Do not move the injured unless they are in a burning
vehicle or in other danger. Moving often makes injuries worse. |
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If a motorcyclist is unconscious, removing his or her
helmet could make the injuries worse. If possible, let a trained medical person remove the helmet. |
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Move the vehicle(s) involved out of the traffic lane if it
is not disabled. Turn off the ignition of wrecked autos. Don't smoke! Fire is a greater danger. |
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Search the area for victims thrown from the vehicle. They
may be hidden in grass or bushes. |
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Whenever you drive past a collision, and emergency help is already at the scene, do not slow down to "take a look." Keep on going. Pay close attention to the orders and directions of law enforcement or fire department personnel. Rubber necking at a collision scene is dangerous and slows traffic even more. |
9-1-1 Emergency Medical System
To report a traffic collision, dangerous road condition, drunk driver sighted, or other hazard: Dial 9-1-1. In cities or towns, report to the local police or dial 9-1-1.
The person calling 9-1-1 for emergency help must be ready to answer questions and provide information such as:
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Location of the emergency: cross streets, freeway on/off
ramp information etc., and the number of the phone you are using. |
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What happened: know as much as possible about the
collision, injury, etc. |
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How many people need help - is anyone bleeding,
unconscious, or without a pulse? Is first aid being given? |
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Don't Hang Up First! Be sure you have provided all necessary information. Let the emergency dispatcher hang up first. |
Trauma And/Or Bleeding At the Collision Scene
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Check the injured person (s) for breathing. If the victim
appears to be unconscious and is not breathing, and you are trained and certified to give
artificial respiration, then begin artificial respiration (Rescue Breathing) at once. |
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If there is no pulse, then start CPR. "CPR,"
Cardiopulmonary Resuscitation, should be given to the victim along with Rescue Breathing only by a
person properly trained and certified. You are urged to learn CPR. Courses are offered by the
American Heart Association and the American Red Cross. |
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To stop bleeding and prevent contagion from blood borne
disease (e.g., hepatitis) cover the wound with a compress, handkerchief, or other piece of
clothing. Use a "covering" of some sort with an open wound to prevent your coming in
contact with the victim's blood. Press hard and elevate the wound above the heart unless this
movement causes the victim pain. |
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Shock victims have pale or bluish skin which is cold to the touch. The victim may also feel weak and have a rapid pulse. Keep the victim lying down and warm. |
If You Are Involved In A Collision
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You must stop if you are involved in a collision. Someone
could be injured and need your help. If you don't stop, you may be convicted of "hit and
run" and could be severely punished. |
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If anyone is hurt, call the police or
CHP. |
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Show you driver license, registration card, evidence of
financial responsibility, and current address to the other driver or persons involved, or to any
peace officer. If your evidence of financial responsibility is insurance, you must be able to
provide the company name and address as well as the policy number to avoid a citation and $250
fine. |
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The driver or his or her insurance agent, broker, or legal
representative must make the following reports:
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If you hit a parked vehicle or other property, try to find
the owner. Identify yourself before you leave. If you can't find the owner, leave a note with your
name and address (and the name and address of the owner of the vehicle you are driving). If you hit
a vehicle with nobody in it, leave the note in it or securely attached to it. Report the
collision
without delay to the city police or, in unincorporated areas, to the CHP. |
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If you have parked a vehicle and it rolls away, hitting
another vehicle, find the owner and report to authorities as mentioned above. |
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If you kill or injure an animal, pull over to the side of the road and stop. Try to find the owner. If you can't find the owner, call the nearest humane society or call the police or CHP. Do not try to move an injured animal. Never leave an injured animal to die. |
Each driver must make a report to the DMV. This can also be done by the driver's insurance agent or broker or legal representative. The CHP or police will not make this report for you.
You must make this report, whether you caused the collision or not and even if the collision occurred on private property. Report the collision within 10 days. Make the report on the DMV Traffic Collision Report form SR 1. You can get this form from any DMV or CHP office. If you don't make this report, your driving privilege will be suspended. Using the information you give in the collision report, DMV may ask the insurance company to verify that you had coverage in effect for the collision. If you did not have the proper insurance coverage, your driving privilege will be suspended for one year. To get your license back, if it is suspended, you will need to provide proof of financial responsibility and maintain it for the next three years.
Every collision reported to DMV by law enforcement will show on your driving record unless the reporting officer says another person was at fault. Every collision reported by you, or another party in the collision, will show on your record if any one person has over $750 in damage or if anyone is injured or dies. It does not matter who caused the collision. The law says DMV must keep this record.
Collisions, Insurance and Minors
If you are under 18 years of age, your parents must sign your license application. Your parents, or any person who signs for your driver license, accepts liability up to $35,000 for any one collision. This assumption of liability may be voided when the person who signed for your license notifies DMV to have the license cancelled. The parents' or guardians' liability automatically ceases when you reach age 18. If you are involved in a collision you may be liable for civil damages. If the collision involved a law violation, then you may also be fined.
Your parents are responsible if you are under 18 and you drive without a license. You may not even drive mini bikes or mopeds on public property (roads or sidewalks) without a driver license.
The Law: Collisions And Collision Reports
Duty to Stop at Scene of Collision
The driver of any vehicle involved in a collision resulting in injury to any person, other than himself or herself, or in death of any person shall immediately stop the vehicle at the scene of the collision. 20001
Duty Where Property Damaged
The driver of any vehicle in a collision resulting in damage to any property, including vehicles, shall immediately stop the vehicle at the scene of the collision and
(1) Locate and notify the owner or person in charge of the property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner or person in charge of the property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.
(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred. 20002
Duty to Report Collisions
The driver of a vehicle, involved in any collision resulting in injuries to or death of any person shall within 24 hours after the collision make a written report of the collision to the Department of the California Highway Patrol. 20008
Reports Confidential
All required collision reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Motor Vehicles and the Department of the California Highway Patrol. 20012
Reports as Evidence
No such collision report shall be used as evidence in any trial, civil or criminal, arising out of a collision. 20013
Use of Reports
All required collision reports made to the Department of the California Highway Patrol by any peace officer, shall be immediately available for the confidential use of any division in the department needing the same, for confidential use of the Department of Transportation. 20014
Counter Reports: No Determination of Fault
No traffic or police officer shall include in any counter report of a property damage collision, any determination by the peace officer of fault of the reporting person including inattentiveness. 20015
Financial Responsibility
California's Compulsory Financial Responsibility Law requires every driver and every owner of the motor vehicle to maintain financial responsibility at all times. There are four forms of financial responsibility:
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Coverage by a motor vehicle or automobile liability
insurance policy |
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A deposit of $35,000 with DMV |
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A surety bond for $35,000 obtained from a company licensed
to do business in California |
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A DMV issued self-insurance certificate |
You must carry written evidence of financial responsibility whenever you drive. If you don't have this evidence to show to a peace officer after a citation stop or collision, you may have to pay a fine and court may impound your vehicle.
If you don't have acceptable financial responsibility and have a collision, you may lose your driver's license for up to four years.
"Effective January 2006, the DMV no longer has the choice of canceling the registration of any vehicle when it is determined that the vehicle is not covered by a valid form of financial responsibility, but instead the DMV is mandated to cancel the registration by law. Additionally, the DMV may charge a reinstatement fee to cover the cost of reinstating the registration after cancellation."
How Much Insurance Must You Carry?
State law says you must be financially responsible for your actions whenever you drive and for all motor vehicles you own. It is illegal to drive without being financially responsible. Most drivers choose to have an automobile liability insurance policy as proof of financial responsibility. If you have a collision not covered by your insurance, your license will be suspended. If the driver is not identified, the owner of the motor vehicle involved will have his or her license suspended.
The minimum amount your insurance must cover per collision is:
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$15,000 for a single death or injury |
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$30,000 for death or injury to more than one person |
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$5,000 for property damage |
If you are visiting California, or have just moved here, you should be aware that many out-of-state insurance companies are not authorized to do business in California. Before you drive here you should ask your insurance company if you are covered in case of a collision. Should you become involved in a collision in California, all three of the following conditions must be met to avoid suspension of your driving privilege:
Many lawsuits are settled for much more money than the minimum amounts set by the Financial Responsibility Law. You may have to pay the extra money if your insurance doesn't pay it all.
Financial Responsibility Laws
Report Required
The driver of every motor vehicle who is in any manner involved in a collision originating from the operation of a motor vehicle on any street or highway which has resulted in damage to the property of any one person in excess of seven hundred fifty ($750) or in bodily injury or in the death of any person shall, within 10 days after the collision, report the collision, either personally or through an insurance agent, on a form approved by the department to the office of the department at Sacramento. 16000
Mandatory Suspension of License
The department shall suspend the driving privilege of any person who fails, refuses, or neglects to make a report of a collision. A suspension taken under this section, shall remain in effect until terminated by receipt of the report of the collision or upon receipt of evidence that financial responsibility is in effect.16004
Required Maintenance of Financial Responsibility
Every driver and every owner of a motor vehicle shall at all times be able to establish financial responsibility and shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle. 16020
Requirements of Policy or Bond
No policy or bond shall be effective unless issued by an insurance company or surety company authorized to do business in this state. 16056
Suspension of the Driving Privilege
Whenever a driver involved in a collision fails to provide evidence of financial responsibility at the time of the collision, the department shall suspend the privilege of the driver or owner to drive a motor vehicle. 16070
Period of Suspension
The suspension of the driving privilege of a person shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility. 16072
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