Who is At Fault When an Accident Occurs During a U-Turn

[sidepocketwil]

My question involves a traffic accident in the State of: Maryland

A few days ago I was traveling on a 4 lane 2 way 35mph limit highway. I was traveling about 5-6 car lengths directly behind another vehicle in the left lane. The vehicle in front signaled left and proceeded to move over to the right lane instead. I slowed down to keep pace, but after his lane change I got back up to speed. The other vehicle, now in the right lane, continued to slow down and bearing right as if they were about to take a right at the upcoming intersection. I chuckled that the guy didn't know his right from left and continued driving in my lane. About 1 or 2 car lengths before the intersection the other vehicle was crawling at turning speed and proceeded to stop and make a u-turn through my lane. By this time, since he had been slowing down and I was driving back at about ~30mph, I was now basically less than a couple of car lengths behind and could never have broken in time to not t-bone him. Instead I broke and swerved left into the opposing lanes of travel to try to avoid him. He continued his u-turn and the front right of my car collided with his front left. I can't really remember who hit whom first, but from looking at the damage on my car he looks to have hit me. I gather that from the fact that the fender of my car rolled to the left side of the vehicle, and the headlights and all damaged items were pushed towards the left side of the vehicle rather than towards the back of my vehicle if I had hit him first.

Anyway, after the officer took statements from the other driver, myself, and 2 witnesses I was handed a citation for failure to control vehicle speed to avoid a collision. My mind went WTF WTF WTF. But I courteously asked the officer why she thought I was at fault. She was pretty curt and ignored the question and stated that both of us were at fault and that she wasn't going to stand there and argue with me. I asked about the witnesses' statements and she once again dodged the question and stated that I have witnesses, she doesn't have witnesses and she can only go by her judgement. I thought to myself what judgement, not once did she look like she surveyed the accident scene or examine the vehicle damages.

So what do you all think? Was I somehow in the wrong here? What are the odds of me convincing a judge to believe me over her judgement? Luckily my family and I suffered no "real" injuries, but it really blows that I've lost a car that I've lovingly taken care of for 12 yrs and I'm at the mercy of some officer's judgement who seems to hate me for some unknown reason.

[flyingron]

Cases are not tried on the street corner.
Was the other driver cited at all?

[sidepocketwil]

Yeah the other guy was cited too, no idea for what though. By "cases are not tried on the street corner" do you mean I shouldn't have asked the officer how and why she came to the conclusion she had?

[flyingron]

No it just means that no matter how much you wanted to argue, it wasn't going to change what she did.
You will go to court and argue that there is no "speed" that would prevent you from striking someone who did an illegal and unexpected lane change into your lane and that your speed was otherwise legal and prudent.

That addresses the ticket.

You still have to battle with the insurance companies apportionment of fault.

[sidepocketwil]

Just found out that the other guy was cited for only an "improper turn at an intersection." A lesser charge then my ticket. Unbelievable what that cop did here. What about that guy's reckless driving, failure to yield to traffic, or even failure to control vehicle speed to avoid collision. Unbelievable injustice. I had the right of way, wasn't speeding, impartial witnesses corroborated my story, yet she gives me the higher penalty citation. FFS I'm gonna go postal. And, MD is a contributory negligence state. FML.