In California, the improper use of turn signals—such as failing to signal, signaling too late, or leaving a signal on unintentionally—can mislead other drivers and contribute to collisions. When this happens, the driver who used signals improperly may be found negligent and liable in a personal injury case.
⚖️ Legal Basis: Turn Signal Misuse and Negligence
1. California Vehicle Code § 22108 – Duty to Signal
This law requires:
“Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.”
Failure to comply—whether by not signaling, signaling incorrectly, or misleading others by signaling without turning—can be used as evidence of negligence per se, meaning the law was violated and the violation led to the injury.
2. Common Scenarios of Misleading Signal Use
Improper signaling that could lead to liability includes:
- Signaling a turn but continuing straight, causing another vehicle to pull out or turn into the wrong path
- Leaving a turn signal on unintentionally, making other drivers believe a lane change or turn is imminent
- Changing lanes or turning without signaling, resulting in surprise and collisions
- Signaling too late, giving other drivers no time to react
🧩 Comparative Negligence in California
California follows pure comparative negligence, so:
- More than one driver can be held partially at fault
- If the misleading signal caused a driver to reasonably rely on the signal and act (e.g., turn, merge), the signaling driver may bear a significant share of fault
- The injured party’s compensation may be reduced by their percentage of fault (if any)
📄 Evidence in Improper Signaling Cases
Key forms of evidence may include:
- Dashcam footage
- Traffic camera or intersection surveillance
- Eyewitness testimony
- Police reports, especially if citations were issued
- Vehicle telematics data, if available
💰 Recoverable Damages
If you’re injured due to another driver’s improper use of signals, you may recover:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of earning capacity
⏳ Statute of Limitations
- 2 years for personal injury (Cal. Civ. Proc. Code § 335.1)
- 3 years for property damage
- 6 months for claims involving public agencies
✅ What to Do After a Misleading Signal Crash
- Call 911 and seek medical attention
- Request a police report
- Take photos and videos of the scene and vehicles
- Collect witness contact info
- Preserve dashcam or surveillance footage
- Consult a California personal injury attorney
Law Offices of James R. Dickinson – 909-848-8448
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