U-Turn in Complex Entrance - Accident/Ticket - GA

[mrmambo]

Atlanta, GA:

My wife was in an accident on Saturday - she was entering a housing complex; there was one straight lane and a right turn lane (to go into another complex). She was in the straight lane, put on her left turn signal, and was doing a U-turn at a break in the median near the front entrance. A car behind her passed her on her left in the median and struck her front driver's side.

The cop said it was her fault - there were no witnesses to prove she had her signal on, although my wife told him there was a witness that the other driver shooed off. The cop charged her with:
40-6-121.
No vehicle shall be turned so as to proceed in the opposite direction:
(3) Where such turn cannot be made in safety and without interfering with other traffic;

I've looked at Nolo.com and some other sites; I'm not sure how the officer can find her at fault, unless he thinks she was in the right turn lane and was trying to make a u-turn from there. Otherwise, it seems to me that the other driver was following too closely and/or trying to pass illegally (not enough room at median break).

Any advice? Her court date's in a month. I'm trying to request discovery to get the cop's notes.

Thanks -

-m-

 

[Curt581]

My wife was in an accident there was one straight lane and a right turn. She was in the straight lane, put on her left turn signal, and was doing a U-turn at a break in the median near the front entrance. A car behind her passed her on her left in the median and struck her front driver's side.

Just to see if I've got this straight...

There are two lanes. One straight, one right turn.

There's a median with a break. That suggests it's curbed (maybe with grass in the middle, and not just painted lines).

The wife claims to be in the left-most lane.

The other car struck her while passing on her left.

Your description suggests that she was in the right lane, not left, or how would the other car be able to pass her on the left?

The cop said it was her fault - there were no witnesses to prove she had her signal on, although my wife told him there was a witness that the other driver shooed off. The cop charged her with:
40-6-121.
No vehicle shall be turned so as to proceed in the opposite direction:
(3) Where such turn cannot be made in safety and without interfering with other traffic;

Sounds like the officer's correct. Any turns are considered to be moving contrary to traffic flow. Straight ahead traffic is presumed to have the right-of-way.

 

[mrmambo]

There's a median with a break. That suggests it's curbed (maybe with grass in the middle, and not just painted lines).

The wife claims to be in the left-most lane.

The other car struck her while passing on her left.

Your description suggests that she was in the right lane, not left, or how would the other car be able to pass her on the left?

Sounds like the officer's correct. Any turns are considered to be moving contrary to traffic flow. Straight ahead traffic is presumed to have the right-of-way.

Thanks, Curt - if you read my original note, I mentioned that the other driver passed my wife by using the median space as a passing lane. My wife was 90% in the left/straight lane; she jogged a little into the right-turn lane to help her turning radius.

The other driver came around her on her left by cutting into the median space and they connected - my wife keeps saying it felt like she ran into the other car, since it was in the middle of her turning space.

 

[Curt581]

Thanks, Curt - if you read my original note, I mentioned that the other driver passed my wife by using the median space as a passing lane. My wife was 90% in the left/straight lane; she jogged a little into the right-turn lane to help her turning radius.

Yeah, I read it... just didn't quite understand it. It sounded like two vehicles occupying the same space in the same lane.

If she was partially in the right lane, maybe the other driver thought she was lane changing to the right? He still should not have tried to pass in such a short area as a break in the median. Still, that doesn't excuse her actions

The other driver came around her on her left by cutting into the median space and they connected - my wife keeps saying it felt like she ran into the other car, since it was in the middle of her turning space.

This is a sticky one. I would have needed to see exactly where and how each one was struck. Did she hit him, or did he hit her? The extent of damage might also indicate who was likely going how fast.

I'm not sure how I'd have written this one without being the officer on the scene. Could go either way. The accident report will make or break you.

In either case, the straight ahead traffic has right-of-way rule would still apply.