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.
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.
Following Too Closely: Accident Due to Other Drivers Failed U Turn
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