Driving & Driving Test Tips: right of way, whos at fault?, turn signals, law states


Question
situation:
country road with one lane in each direction, no lane markings
van driving south in south lane
truck stopped in north bound lane facing southbound w/out any turn signals on
a driveway on both sides of the road
truck and van not previously in site of one another.
van in site of truck approx. 0.2 of a mile at 45 miles an hour
problem:
van slows to 30 but continues
truck intention not clear
truck begins to turn into the lane (right) to enter a driveway and crosses the path of the van
the van has time to come to a stop before the driveway but the two still meet.
truck driver continues to pull all the way into the driveway w/out stopping and in doing so the trailer scrapes the van mirror, tire, fender and bumper.
the trailer has a boat on it and the van mirror scrapes the boat up.
truck driver gets a ticket because when the cop has him test his turn signals they do not work.
Who is at fault?
Does the vehicle (truck)turning right have the right of way?  

Answer
CA law states that a vehicle intending to turn must signal with in the last 100' of making a turn.  the van is correct in continuing forward until the truck started to turn and probably stopped as soon as it could to avoid a collision.  the truck should have stopped and checked for clearance before completing the turn.

I would say that a jury would most likely make the truck most at fault.