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  #1  
Old 05-19-2006, 04:17 PM
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Join Date: May 2006
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Is my Insurance company hosing me on a claim?


What is the name of your state? Texas

I was on a two lane city street (one lane in each direction) last sunday and I attempted to make a U-Turn when the Car behind me hit me. The U-Turn was completely safe if the girl behind me had been paying attention. I DID use my turning signal. I did not turn into oncoming traffic. I did not cross a median. As far as my research tells me, U-Turns are not illegal in the state of texas.

Here is a diagram of what happened.
[url]http://img.photobucket.com/albums/v210/galeninjapan/carwreck2.gif[/url]

Nobody was cited or given a ticket by the police officers that came to the scene. I get a call yesterday from my insurance company (state farm) that they are giving me the fault for the accident? I was shocked. I got hit from behind while making a legal maneuver and my insurance isn't even fighting for me. I don't understand, they seem so eager to pay the other person off.

The claims adjuster told me "U-turns are legal only if you dont get in a wreck" WTF does that even make sense?

Anyway, Is there anything I can do or any way I can prove I wasn't at fault?
  #2  
Old 05-19-2006, 06:53 PM
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Join Date: Jan 2001
Posts: 12,067
The link below is to chapter 545 of the Texas statutes, it concerns the operation and movement of motor vehicles in Texas. Please find the statute thas says U-turns are legal. Based on your drawing, you were making an illegal turn.

[url]http://www.capitol.state.tx.us/statutes/tn.toc.htm[/url]
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  #3  
Old 05-19-2006, 10:38 PM
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Didn't find any mention that U-Turns were legal or illegal. However, I did notice § 545.062 which would seem to indicate that the other driver was at fault.

§ 545.062
FOLLOWING DISTANCE. (a) An operator shall, if
following another vehicle, maintain an assured clear distance
between the two vehicles so that, considering the speed of the
vehicles, traffic, and the conditions of the highway, the operator
can safely stop without colliding with the preceding vehicle or
veering into another vehicle, object, or person on or near the
highway.

EDIT
With that said, based on the diagram, I would have to say that in California, the U-Turn would not have been legal. I understand OP is not IN California

Last edited by Zigner; 05-19-2006 at 10:40 PM.
  #4  
Old 05-19-2006, 11:01 PM
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Posts: 12,067
From what I have been able to determine, that U-turn would not be legal in any state. U-turns are generally allowed where it is legal to make a left hand turn. It is obvious from the diagram the OP could not have made a left hand turn at that intersection.
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  #5  
Old 05-19-2006, 11:07 PM
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Quote:
Originally Posted by Zigner
Didn't find any mention that U-Turns were legal or illegal.
Then you need to learn to read:

§ 545.060. DRIVING ON ROADWAY LANED FOR TRAFFIC.
(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely within a single lane; and
(2) may not move from the lane unless that movement can be made safely.

§ 545.103. SAFELY TURNING.
An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely.


For the simple of mind.... if you are making ANY turn or u-turn and are hit or cause an accident in the process.... it wasn't "made safely".
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