Q: Was making a u turn in a 35 mile an hour zone in a residential are, another driver was going well above the speed limit
Other driver slammed into me and totaled both of our cars. I’m now getting a damaged claim. Am I able to fight the claim?
A: Anytime a fact pattern is presented that includes someone making a U-turn- there's a substantial possibility that they minimally contributed to the accident. If you wish to contest decisions that might have gone against you you should consult with a lawyer in a confidential setting.
Scott Scherr agrees with this answer
A: A agree with Mr. Kirk. When you are making a u-turn, and you turn into the pathway of oncoming traffic, you are the one who fails to yield the right-of-way. To prevail in court, you would have to prove that excessive speed, and excessive speed alone, of the other vehicle caused the accident, and that the other driver had the last clear chance between the two of you to avoid the collision but failed unreasonably to do so. If your u-turn was being navigated on a resiential road with no median dividing two-way traffic, then your u-turn would be illegal anyway, and there's no way to get around at least a contributory negligence argument in that scenario, let alone sole negligence. Therefore, you will almost certainly be found at fault to some degree in that situation. The best you might do is establish that the other driver's excessive speed negligently contributed to the accident in addition to your negligence, thereby precluding his claim against you as well as your claim againt him.
Scott Scherr agrees with this answer
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