Police Report vs. Insurance Claim Report

[agirlyouknow]

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

According to the police officer that cited us, U turns are legal in Colorado unless they cause an accident. Any accident in which a U turn is involved, the person making the U is automatically at fault. This is all according to the officer.

I am sure he may be right but... I just need some closure here. This is our story:

My husband and I were driving in a residential area, speed limit 25 mph. We decided to make a U turn. My husband turned on his Left blinker and made the U turn at the next intersection. We slowed down to make the turn waiting for an oncoming car to pass. Mid turn a truck behind us, going at least 25 mph thought he'd pass us on the left. Mid U turn SLAM we hit.

He got a scratch on the back passenger side tire area. Our entire front bumper, and some innards went flying. This alone would seem to prove he was going much too fast and I think, is at fault.

Sure a U turn may make it appear we are at fault but why didn't the officer even consider that the other guy passed unsafely and over the speed limit?

We were cited with no questions asked. No if and or butts. Is it worth pursuing this or would a judge just point us at fault for that U turn?

Could the insurance claim we make have an effect on who's at fault or did that officer set our sentence in stone?

We were cited with a ticket that said "unsafe U turn" the ticket says 54-206. Upon searching, I think he was mistaken on that. This is what I found concerning the U turn.

(1) No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic.
(2) The driver of any vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic.
(3) Local and state authorities, within their respective jurisdictions, subject to the provisions of section 43-2-135 (1) (g), C.R.S., in the case of streets which are state highways, may erect "U-turn" prohibition or restriction signs at intersections or other locations where such movements are deemed to be hazardous, and, whenever official signs are so erected, no driver of a vehicle shall disobey the instructions thereof.
(4) Any person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2356, § 1, effective January 1, 1995.
Editor's note: This section was formerly numbered as 42-4-802 and the former section 42-4-902 was relocated to section 42-4-1002.

My husband's U turn obviously interfered with traffic and it was in an intersection. I guess my point is, why is our one mistake considered larger than his mistakes? Why didn't the officer even consider the other guy's unsafe decision to pass?

I really feel the other guy should have been cited for unsafe passing as well as maybe speeding. Any input would be appreciated!

*Note: My husband has a perfectly clean driving history (until this accident).

Thank you in advance!

[LawResearcherMissy]

Is it worth pursuing this or would a judge just point us at fault for that U turn?

We can't tell you what a judge will do. He may side with the officer, he may side with you. There's certainly no harm in trying to fight it.

Could the insurance claim we make have an effect on who's at fault or did that officer set our sentence in stone?

No, the insurance claim is entirely separate.

[agirlyouknow]

Well I certainly know the insurance claim wont affect our ticket. I meant more along the lines of "what is to come of all this".

I know you don't know what a judge would say. I was hoping a lawyer with some experience with this stuff would now what the likelihood is.

Thanks anyway! I would still really appreciate some answers!