Results 1 to 7 of 7
  1. #1
    Join Date
    Aug 2017
    Posts
    3

    Default Accident Due to Another Driver's Failed U-Turn

    My question involves a traffic ticket from the state of: CO.

    I was driving down a two lane road downtown after a red light stop for both the other vehicle in front of me and myself. 150 feet past the green light the the vehicle in front of me went right out of the path of travel (to the bus lane, what looked to to be slowing down to turn right), then pulled an erratic u turn directly in front of me in attempts to get a parking spot across the street. Due to this driver coming from the right there was not enough time to come to a complete stop avoid the collision, all I could do was veer left. Damage to my vehicle was to the Front Passenger corner. Other vehicle was the driver door. Other driver was issued a ticket for "Limitations on turning around" (U Turn) CRS 42-4-902. I was first issued a ticket for "Violations of Limitations on Overtaking on the Left" 42-4-1005. Then that was ripped up and I was issued "Following too closely" 42-4-1008.

    My insurance company has found the other driver at 100% fault and is going through subrogation.

    My argument is that I could not have been following too closely as the other driver exited the lane of travel and was no longer in front of me to be following. Accident report shows that the other driver swung right then left to make a U turn. Officer wrote that other driver was doing 15mph and i was doing 20mph. (not sure where he got that as he was there 30 minutes later and cars were moved from the street.

    Is there a valid argument that the other driver was no longer in the lane of travel and I was not "following" at that point? Too many arguments for the other actions.

    Thanks for the assistance.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accident Due to Other Drivers Failed U Turn

    Did he completely, as in all 4 wheels, leave the lane you and he were driving in?

    Did he have his turn signal on?

  3. #3
    Join Date
    Aug 2017
    Posts
    3

    Default Re: Accident Due to Other Drivers Failed U Turn

    Quote Quoting jk
    View Post
    Did he completely, as in all 4 wheels, leave the lane you and he were driving in?

    Did he have his turn signal on?
    Yes all 4 wheels left the lane. ( to the right)

    I never saw a signal. There was no signal on when cars came to rest, that I am certain of.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Accident Due to Other Drivers Failed U Turn

    If he actually left the lane and did not use a turn signal I don't see how you have any culpability in the accident. I don't see your citation as deserved either.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Accident Due to Other Drivers Failed U Turn

    Quote Quoting CO-1
    View Post

    My argument is that I could not have been following too closely as the other driver exited the lane of travel and was no longer in front of me to be following. Accident report shows that the other driver swung right then left to make a U turn. Officer wrote that other driver was doing 15mph and i was doing 20mph. (not sure where he got that as he was there 30 minutes later and cars were moved from the street.

    Is there a valid argument that the other driver was no longer in the lane of travel and I was not "following" at that point? Too many arguments for the other actions.
    You can certainly make that argument but here's the problem: NO UNBIASED WITNESSES.

    42-4-1008. Following too closely.
    (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
    You hit him.

    If you weren't too close you wouldn't have hit him.

    Hard to overcome that presumption without unbiased witnesses.

  6. #6
    Join Date
    Aug 2017
    Posts
    3

    Default Re: Accident Due to Other Drivers Failed U Turn

    Quote Quoting adjusterjack
    View Post
    You can certainly make that argument but here's the problem: NO UNBIASED WITNESSES.

    You hit him.

    If you weren't too close you wouldn't have hit him.

    Hard to overcome that presumption without unbiased witnesses.
    I would agree if the collission would have been in the rear of the vehicle, but I don't see how I could be following too closely if the other vehicle was not in fromt of me and cut me off. Just wanting a few other opinion and or strategies! Thanks so far.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Accident Due to Other Drivers Failed U Turn

    Your insurance company believes you. That's a plus. Doesn't help with the citation. All you can do is plead not guilty, go to court and say what happened. There's no guarantees. Consider hiring a lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Failure to Yield: Failure to Yield to Left Hand Turn Driver, With an Accident
    By mrpibbabe49 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-29-2016, 02:28 PM
  2. Determination of Fault: Failed to Make an Accident Report, At-Fault Driver Won't Pay for Damages
    By schlanseay in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-05-2013, 05:20 PM
  3. Lights, Signs and Traffic Controls: Failed to Obey No U-Turn Sign. Citation 2for VC 1461 (A)
    By pixelfreak in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-24-2013, 04:15 PM
  4. Bail, Bond and Pretrial Release: Defendant Failed to Turn Himself In, is Violating Restraining Orders
    By justdontdoit in forum Criminal Procedure
    Replies: 3
    Last Post: 07-28-2010, 03:44 PM
  5. Traffic Accidents: Car Accident Driver Failed To Stop
    By dasrock in forum Accidents and Injuries
    Replies: 6
    Last Post: 03-18-2008, 12:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources