One good turn deserves another at intersection

Question: Here is a scenario: Car 1 is southbound ready to make a right turn to go west. Car 2 is eastbound, planning to make a U-turn to go west. If both cars proceeded and collided, who would be at fault?

Answer: Let's get some issues out of the way first.

Let's assume there are no signs prohibiting a U-turn at the intersection. Obviously, making a U-turn where prohibited would place that driver at fault.

Let's further suppose that Car 1 correctly makes his turn into the nearest available lane, which he is required to do. Should he turn wide, into other lanes of traffic, he is in the wrong and would be at fault.

Now, assuming neither of those two situations took place, what have we got?

I submit that the two cars are on intersecting streets. That means that one direction has a green light and the other direction must have a red light. If Car 1 has a green light and makes his right turn to go west, Car 2 has no business making a U-turn at all. He would be turning against a red signal and would be at fault (ARS 28-645.A.3.a).

Conversely, if Car 2 has a green light for his U-turn, then Car 1 must be contemplating a right turn after stopping for a red signal. While this is legal in most cases, Car 1 has a duty to yield to other traffic before proceeding with his turn against the red signal (ARS 28-645.A.3.b). If he turns out into traffic and collides with Car 2, who is making a legal U-turn, then Car 1 would be at fault.

Last, but not least, what happens if the light has just changed? Remember that when you get your green light, you still have to allow any cars that are lawfully in the intersection to get clear before you proceed (ARS 28-645.A.1.a). So if Car 1 suddenly gets his green light, he still has to allow Car 2 to finish doing whatever he was going to do, and vice versa.

When you are the person turning right on red in a situation like this, there is no way to know the intention of the driver out there in the left-turn lane of the street you want to turn onto. It is always a bit of a nasty surprise when the car that you think is going to turn left and go away up the street suddenly swings around and is right on top of you.

My best advice is to watch for movement. If that car starts to move, you had better take a second to find out just where that other guy is going. Worst case, you'll eventually get your own green light, and you can be on your way.

If that means it takes you another 30 seconds to get where you are going, that's a small price to pay.

Sgt. Jim Toomey is public information officer for the Glendale Police Department. E-mail questions to Ask_a_cop@glendaleaz.com