CACI No. 705. Turning (Veh. Code, § 22107)

Judicial Council of California Civil Jury Instructions (2023 edition)

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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
Turning and Changing Lanes. Vehicle Code section 22107.
“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 (11th ed. 2017) Torts, §§ 1014, 1015, 1017
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)

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