U-turn on 4 lane Hwy Accident

[josuemtz]

I had an accident at the end of 2009 when I was traveling east bound on a HWY. I came out of a street and because I lost my sense of direction I turned right instead of left. I realized my mistake right away, but waited until a found a "safe" (turnout) place to make my U-turn. I pulled out and waited for a couple of cars to go thru and then I saw 2 cars on the number 2 lane (closest to me) and figured I had enough time I went ahead and started my u-turn. The car changed from the Num 2 lane to the number 1, then slammed on his brakes and collided with me between the Num 1 & Num 2 lane on the West bound direction, hitting me on my driver rear tire. The first officer on scene showed within seconds, then 2 others showed about 20 min later, and the last officer on scene was the one writing the report. I found some mistakes on the report diagram that I can prove with pictures (after we were moved out of the way, but show the debris). Report found me at fault because of failure to yield to traffic. How can I win this case? I feel I had enough time as I was hit between lane 1 & 2 of traffic in the opposite direction. How can I prove the other driver caused the accident in his attempt to "avoid" the accident by crossing over the yellow lane? HOpe someone can help

 

[mightymoose]

Hmm... it sounds as if the approaching cars were closer than you thought. The other driver may have hit you in the opposite lanes, however moments before that you were in his lane. That driver made a poor choice trying to avoid the collision (braking and maintaining the same lane probably would have been best) but won't be found at fault for the accident. It was your turning movement in front of the other vehicles that created the hazard.

Bottom line- it sounds like you should have waited for those cars to pass since they had the right of way.