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Hit during a U-turn

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lasertag

Junior Member
What is the name of your state (only U.S. law)? MD

This is in a low speed road with parking on both sides and one lane of traffic in each direction.

I was making a U-turn at a break in the median. I did not have my signal on. To make the u-turn I slowed down and went slightly right before initiating the U-turn to help make a little more space (not super wide, did not leave my lane). The other driver was behind me and thought I was turning right. She went towards the left to pass around my car and by the time she realized I was making a U-turn it was too late to stop in time.

Who is at fault? I will admit I didnt have my signal on but suspect the lady did not leave adequate space and was also too impatient for me to complete my move as she went around my left side instead of breaking and waiting for me to be out of the way.

I figured I would just give an accurate statement and let the insurance company decide who is at fault.

Any in site is greatly appreciated!
 


ecmst12

Senior Member
I think both of you have some responsibility here but what you did was EXTREMELY stupid. Was a U turn even legal there?
 

nextwife

Senior Member
Sounds like you were at fault. No signal - she can't read minds, plus you turned into her. Personally, I always prefer to turn into a parking lot, or go up a block and around, rather than risk a mid block uturn, unless there is a median sufficient to pull fully into.
 

ecmst12

Senior Member
In MD, this is easy though. When both drivers contribute to the accident, NEITHER gets to collect anything from the other.
 

lasertag

Junior Member
Thank you for the in-site so far.

The U-turn was perfectly legal in that location and there was no on-coming traffic. I'm not trying to defend myself or anything (like I said, I admit I didnt use my signal and I'm just going to let insurance decide), but in this situation if I was turning right and had slammed on my brakes during the right turn I would have been hit. That doesnt really change what happened and I can't prove that in a statement, however this is how much space she left between us. Once she saw I was making a U-turn she could not stop in time to avoid hitting me.
 

Zigner

Senior Member, Non-Attorney
You pulled to the right and then pulled to the left. Your actions caused the accident. Honestly, I don't even see the other driver being assigned ANY fault.
 

ecmst12

Senior Member
There is a minor argument to be made for following too closely, in a contrib state it might be enough for his insurance to deny her claim.
 

justalayman

Senior Member
There is a minor argument to be made for following too closely, in a contrib state it might be enough for his insurance to deny her claim.
Rather than that, I would see the fact there was no lane to pass in and the person behind actually encroached into the OP's lane before OP relinquished the lane. The person had no right to pass until the OP had cleared the lane.

Of course, OP is also guilty of failing to signal.

I suspect it will hinge on just how far OP had pulled over in order to make this U turn. If it can be argued the OP was presumed to be parking, then the car from behind may skate and all the blame placed on the OP.
 

Zigner

Senior Member, Non-Attorney
Rather than that, I would see the fact there was no lane to pass in and the person behind actually encroached into the OP's lane before OP relinquished the lane. The person had no right to pass until the OP had cleared the lane.

Of course, OP is also guilty of failing to signal.

I suspect it will hinge on just how far OP had pulled over in order to make this U turn.
If it can be argued the OP was presumed to be parking, then the car from behind may skate and all the blame placed on the OP.
Agreed - although I suspect our OP pulled considerably to the right. With one lane of traffic and cars parked on both sides, the OP couldn't have successfully made the turn from the far left, as is required.
 

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