What is the test for assuming that a truck driver will obey the law and yield the right way?

California, United States of America


The following excerpt is from Goncalves v. Los Banos Min. Co., 23 Cal.Rptr. 21 (Cal. App. 1962):

'The court stated that the driver of the car on the through highway had the right to assume that the driver of the truck would obey the law and stop, and yield the right of way. However, this statement is subject to the general rule that the driver on the through highway must also be exercising due care at that time.'

(See also Carlson v. Shewalter, 110 Cal.App.2d 655, 658-659, 243 P.2d 549.)

Other Questions


Is a right to retain a drivers license a fundamental right? (California, United States of America)
What is the test for driver's failure to yield the right of way to a pedestrian crossing the roadway within a marked crosswalk? (California, United States of America)
In what circumstances will a police officer issue a written warning to a driver for failing to return documents and return documents to the driver when the driver's dog sniffed drugs? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What is the test for a driver's failure to yield right-of-way to a pedestrian? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
What is the test under section 553 of the California Vehicle Code requiring a driver to yield right of way to all vehicles approaching? (California, United States of America)
How have the courts treated human rights abuses in the context of human rights legislation? (California, United States of America)
Is a probation order revoked after judgment affecting substantial rights affecting a defendant's substantial rights? (California, United States of America)
Is a restraining order against a mother that prohibits her from speaking out in support of her child's right to exercise her right to freedom of speech? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.