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  #1  
Old 05-06-2003, 04:34 PM
Underdog_23
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Is accident my fault???


What is the name of your state? Arizona

OK. This is my story...

I was driving northbound in the middle lane of 3 lanes going northbound. I realized that I had missed my turn at the last intersection and proceeded to make a u-turn. So I merged into the left lane (or the lane closest to the center lane where you make left turns) and slowed down, getting ready to go into the center lane. I was halfway into the center lane when I spotted my chance to complete the u-turn. So I started turning sharper and was in the 1st lane (of the southbound traffic) when out of nowhere a truck came crashing into me and T-Boned my driver's side. He was also traveling northbound.

Now, he says that when I merged into the left lane, he was behind me and was gonna hit me. So he swerved to miss me (into oncoming traffic mind you) and when I turned to do the u-turn he then hit me.

I don't get how he was gonna hit me when he was behind me unless he was speeding, and that would be his fault. Also, turning into oncoming traffic seems like an unlikely scenario, as he could've passed me on the right side with the flow of traffic. The kid who hit me was 16, and didn't even have a driver's license!

I got a ticket for illegal u-turn (I thought you could make one after 100 ft of an intersection, but I guess it's after the two solid yellow lines in the center lane become only one), and they're saying the accident is my fault.

Can someone please help me? I'd greatly appreciate it. Also, can I fight the illegal u-turn ticket?
  #2  
Old 05-06-2003, 07:15 PM
GKris
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Sounds like your fault. State laws are fairly uniform concerning traffic so not to confuse interstate travelers. An illegal u-turn is when it is made either in a spot marked no u-turns, obviously. Or when the u-turn itself is made in a manner to cause an unsafe traffic condition. They can mean if any one person needs to apply their breaks to keep from hitting you or even has to slow down or alter their traffic patters because of the u-turn. When you say you left center to merge left and made the turn, it seems like someone (weather speeding or not) had to alter their traffic pattern because of your turn.
  #3  
Old 05-06-2003, 10:07 PM
Underdog_23
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Question


OK. But the thing I don't get is that when I merged into the left lane, he had not hit me. And when I went into the center lane (yellow lane) to start making the u-turn he still hadn't hit me. He hit me when I was already on the other side of the yellow lane (into the southbound traffic) that he hit me. I took pictures and it definitley proves that he hit me in the southbound traffic lane. So why would he go into oncoming traffic to avoid me when he could have passed on the right?

I understand I was doing an illegal u-turn but I don't think that means I'm responsible for the accident. I once got a ticket for "failure to control vehicle to avoid an accident". Why didn't he get the same thing? Even though I did an illegal u-turn, I was already done with 75% of the turn, and than he hit me.

Please respond...
  #4  
Old 05-06-2003, 10:57 PM
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Join Date: May 2003
Posts: 2,607
What section of the vehicle code were you charged under? This is from 28-751.

(b) A driver shall not drive a vehicle in the lane except if preparing for or making a left turn from or into the roadway or if preparing for or making a u-turn if otherwise permitted by law.

The lane markings are important. If you crossed a double yellow line that may be why you received a ticket.

If you made the proper signals then I would fight the ticket. It sounds like you are quite capable since you took the correct first step in taking the pictures. Get a copy of the police report and all of the officer's notes. They are available at the records division of his department. You should also be in consultaion with your insurance agent. You do not want an at fault accident on your record or a large claim placed against your insurance.

Once you have the information then you should consider retaining an attorney. Email me if I can be of further assistance.
  #5  
Old 05-08-2003, 04:45 PM
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Join Date: Mar 2003
Posts: 584
If there was no impact between the two of them then how is she directly responsible for his accident?

I'm basically quoting a reply from one of the other posts...
  #6  
Old 05-08-2003, 04:58 PM
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Join Date: May 2003
Posts: 2,607
"nowhere a truck came crashing into me and T-Boned my driver's side."

Sounds like there was impact.
  #7  
Old 05-08-2003, 05:00 PM
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oops, you're right, there was impact.

Nm then.
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