California Civil Jury Instructions (CACI)

705. Turning (Veh. Code, § 22107)

A driver must use reasonable care when turning [or moving to the right or to the left].

New September 2003

Directions for Use

An instruction on this point should be given only if the jury is instructed on Vehicle Code section 22107. It should be read after that section has been given. (Anderson v. Latimer (1985) 166 Cal.App.3d 667, 672–673 [212 Cal.Rptr. 544].)

Sources and Authority

  • Vehicle Code section 22107 provides: “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.”
  • “This provision does not require the driver to know that a turn can be made with safety but only that he must exercise reasonable care, and whether such care has been exercised is normally a question of fact.” (Butigan v. Yellow Cab Co. (1958) 49 Cal.2d 652, 656 [320 P.2d 500].)
  • Courts have held that a reading of section 22107 should be followed by an instruction clarifying that the driver is under a duty to exercise only as much care as a reasonably prudent person when making a turn or movement: “An instruction to a jury concerning Vehicle Code, section 544 [now 22107] must make it clear that the driver who is about to turn must exercise such care as would a reasonably prudent man under similar circumstances, no more and no less.” (Lewis v. Franklin (1958) 161 Cal.App.2d 177, 184 [326 P.2d 625].)

Secondary Sources

6 Witkin, Summary of California Law (10th ed. 2005) Torts, §§ 883, 884, 886

California Tort Guide (Cont.Ed.Bar 3d ed.) §§ 4.10–4.11

2 Levy et al., California Torts, Ch. 20, Motor Vehicles, § 20.67 (Matthew Bender)

8 California Forms of Pleading and Practice, Ch. 82, Automobiles: Causes of Action, §§ 82.66, 82.67 (Matthew Bender)