Who is the on at fault here?

Question

On a three lane road, I was making a right turn into the closest lane to me. The other driver was making a u-turn. The u-turn was legal. However, he u-turned into the farthest lane possible from his position. We collided, he damaged his front right bumper, and my front door joint was damaged making the door inoperative. Also, he was driving a Nissan Quest and insisted on it being impossible to turn into the closest or middle lane without touching the farthest lane. However, I saw a Nissan Armada turn into the middle lane and another car turning into the closest most lane simultaneously without any problem. So, who is at fault?

Answer 1

If I'm understanding correctly, you were already making a right turn when he started his u-turn. If that's the case, then he is at fault. He should have waited until you had already finished your turn. It's not impossible to make a smaller u-turn. All you have to do is slow down and turn the wheel more. But if he was trying make a a fast u-turn because there were cars coming, then he shouldn't have been trying to turn in the first place and he should have waited. But point being, I'm pretty sure he's the one at fault here.

Answer 2

Assuming that both of you had some kind of stop control, then the driver arriving at the intersection, first, had the right of way, and the other should have yeilded.

If only one of you had a stop control, then THAT person should have yeilded.

I would suggest that you, making the right turn, would not be doing it without SOME kind of stop control, such as a stop sign, or stop light. If traffic from your direction did not have a stop control, most certainly, the cross traffic (the U turn guy) would have.

There is no way that a car making a U turn would be required to keep it within any particular lanes, as some vehicles have a much wider turn radius than others. To suggest he SHOULD have, just because he COULD have would be naive, at best.

SOMEONE had the right of way, and the other car should have yeilded. That means that one car should have waited until it was safe to procede. NO state vehicle code would have been written to allow both vehicles to occupy the same space on the road.

Answer 3

I believe it would be his fault. I hope you got a police report. If not get one because I have a feeling he has told you it was your fault. Many people will try and weasel out when it comes to car accidents. He may be one of them!!!

Answer 4

going by the description of the damage, it sounds as though you were already into your turn when the nissan hit you, hence, it would be his fault. failure to yeild.