How has the court interpreted section 21804 of the California Highway Traffic Code with respect to drivers who enter or leave a private driveway from a public road?

California, United States of America


The following excerpt is from Spriesterbach v. Holland, 155 Cal.Rptr.3d 306, 215 Cal.App.4th 255 (Cal. App. 2013):

The court reached a similar result in Wilkins v. Sawyer (1965) 232 Cal.App.2d 458, 42 Cal.Rptr. 817 ( Wilkins ). There, a collision occurred between the plaintiff, who was driving on a public road, and the defendant, who entered that road from a private driveway. The drivers sued each other for negligence, and the jury returned a general verdict denying relief to both drivers. Plaintiff appealed, contending that defendant was guilty as a matter of law of an unexcused violation of section 21804, which then provided as follows: The driver of a vehicle about to enter or cross a highway from any private property, or private road or driveway or from an alley not exceeding a width of 22 feet or from any alley as may be defined by local ordinance shall yield the right-of-way to all vehicles approaching on the highway. ( Id. at p. 462, fn. 1, 42 Cal.Rptr. 817.)

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted section 830.6(1) of the California Highway Code of Civil Procedure when determining whether a defendant is immune from liability under the California Motor Vehicle Act? (California, United States of America)
How has section 836 of the California Highway Traffic Code been interpreted by courts in cases involving two police officers? (California, United States of America)
How have courts interpreted the definition of gross negligence under section 192(c)(3) of the California Highway Code? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
How have courts interpreted section 150 of the California Code of Civil Procedure on the basis that a permit is not 'lawfully granted' until all administrative action with respect to the application has been completed? (California, United States of America)
Does the California Supreme Court have any power or authority to interpret a section of the California Penal Code that is ambiguous and ambiguous? (California, United States of America)
In what circumstances have courts found that section 647, subdivision (a) of the California Penal Code prohibits the solicitation of lewd or dissolute conduct in any public place or in any place open to public view? (California, United States of America)
How have courts interpreted section 19996.2(a) of the California Civil Code of Civil Procedure when determining whether an employee has been on an unauthorized leave for a period of time? (California, United States of America)
How has section 69894.1 of the California Constitution been interpreted and interpreted by the courts? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.