U-turn v Right turn question?

Question

Probably been asked on here before but this doesn't pertain to a traffic signal:

I'm U-turning at a roadway where there is no traffic signal and no stop sign. There is someone opposite me from a driveway with a stopsign. They edge forward despite me being there and I edge forward also to indicate I intend to take the right-of-way. She is almost in the intersection when she finally realizes if she continues she will hit me, and I complete my U-turn, assuming the right-of-way is mine. If this person hit me or an accident occurred as a result of unknown right-of-way, who would be at fault?

Thanks, I just want to know before I react whether or not I'm actually right here.

Answer 1

Read the first response closely,   he is correct.     That said,  she was coming out of a driveway,  you were on a public street.    She needs to allow you to go first as a matter of courtesy and common sense.    You are in more danger of accident than she is,  and if there was one she would be required to stay there to give statement.

Answer 2

They would be at fault because they would be coming out from a driveway onto the roadway that you are already on.

Answer 3

If you don't have a stop sign and the other driver's view was not obstructed, you legally get right of way if you were on the main road at all times.  The stop sign indicated that person must wait until all traffic is clear before proceeding.  She should have waited to see what you were doing before she pulled out of her driveway.

Answer 4

what can actually determine fault is where damage occurs on the vehicles ... happened to me when some guy sped out in front of me from a side street between cars waiting in traffic.  The officer told me that based on where the damage occured (I actually hit him in the front quarter panel) if it had been any further back it would have been my fault even though he never stopped / used caution when entering the road way.

So without impact there may be no determining fault.  But you were there first (from what you're saying) so if a u-turn is allowed (no double lines or anything like that) you should have had the right of way from her being stopped.  But it can be tricky to tell.

just let it go - no damage no worries.

Answer 5

"Right of Way" is not something you own.  It is something the other driver gives to you. Two wrongs don't make a right.  If you saw the other driver was going to proceed through the stop sign, and you continued your turn anyway, then YOU would be at fault too.