With the light yellow and no visible oncoming traffic, my daughter (with passenger) made left turn. Suddenly a car appeared approaching at very high rate of speed (85+). The driver didn't hit brakes or slow down, To prevent being T-boned, daughter quickly turned right trying to avoid the oncoming car. Just before impact, my daughter made direct eye contact with the other driver who looked up and tried to swerve out of the way, but hit daughter almost head on. Immediately after accident, 3 pax got out of the other car and ran. The driver came over to daughter crying saying he was sorry. I arrived 5mins later, daughter and friend were in ambulance and leaving when police arrived. Other driver sited for underage / not licensed only. Police came to hospital, yelled at my daughter said accident was her fault and issued citation for failure to yield to left turn. Does Negligent Entrustment apply here?
The rules of the road provide for strict liability when making a left hand turn. In other words, a driver has an absolute duty to yield to oncoming traffic in this scenario. However, the other driver's careless driving certainly could be used in negotiations with insurance. What city and county did this occur in?
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