I was making a u-turn with an advanced green into 3 lanes going the opposite way. I ended up in the middle lane where I thought I cleared the turn when I got hit in the passenger side door by some one who made a right turn at the red across from me. He says he had the right of way to make the right. He also said I swerved into his turning lane, but I think he made a wide right into me. Who is at fault?
U-turn at advanced green collision
I was making a u-turn with an advanced green into 3 lanes going the opposite way. I ended up in the middle lane where I thought I cleared the turn when I got hit in the passenger side door by some one who made a right turn at the red across from me. He says he had the right of way to make the right. He also said I swerved into his turning lane, but I think he made a wide right into me. Who is at fault?
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Re: U-turn at advanced green collision
From an insurance perspective, you are 100% at fault because you were making a U-turn. (Section 19(b) of the Ontario Fault Determination Rules.) It sucks, but the Fault Determination Rules say that anyone making a U-turn is 100% at fault. The insurance adjuster might have a different opinion though. From an HTA perspective, he broke the law more than you did: He made a right turn on red without checking to see it was safe, and he turned right into the middle lane - both of which are illegal. He only had right-of-way into the right-most lane. You did have the advanced green; if you made the U-turn as tightly as you could, that may help. Really it's hard to say how an officer would lay charges in that case...
From an insurance perspective, you are 100% at fault because you were making a U-turn. (Section 19(b) of the Ontario Fault Determination Rules.) It sucks, but the Fault Determination Rules say that anyone making a U-turn is 100% at fault. The insurance adjuster might have a different opinion though.
From an HTA perspective, he broke the law more than you did: He made a right turn on red without checking to see it was safe, and he turned right into the middle lane - both of which are illegal. He only had right-of-way into the right-most lane. You did have the advanced green; if you made the U-turn as tightly as you could, that may help. Really it's hard to say how an officer would lay charges in that case...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
http://www.OntarioTicket.com OR http://www.OHTA.ca
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