If I get hit in the dark by making a u turn when someone has right of way but his lights are off?

today, as I was preparing to make a u turn from outside my house, I checked my rearview and my blindspot and waited for a car to pass, thinking it was safe, I proceeded to u turn where I was promptly hit by a man who did not turn his lights on. It was around 7:50, and it was raining a fair amount. Is it my fault for not seeing him, or his fault for not turning on his lights?
Additional Details
When the police came, they didn't ask any questions, they just made sure we switched insurances and left.

sunny

like you said he had the right away. they may or may not give him a ticket but it is your fault and are u-turns legal in your state ? ....you can take it to court and plead your case it sure won't hurt,,,,,,,check his insurance make sure he was legal and make sure his insurance covers the one who was driving and is valid,,,,,,,do that soon, it is possible that he did not pay his insurance and gave the cops a card but has not paid then it would be all his fault for being on the road to start with,,,,

paul

My guess is that both of you are partly to blame. You for making a u turn in the middle of the block, and him for not turning lights on in the dark. You may wish to check you states law regarding when lights must be turned on. It is commonly 1/2 hour before sunset, but it can vary. Then check the local paper for sunset.

msi_cord

Did you mention that when you talked to the police after the incident?

I would bet that driving without your lights on would make you responsible for hitting someone who can't see you. You might have a case here. You will have to prove that his lights were not turned on which could be the hard part.

jed i

And the dance is on, but the only two on the floor are the "U-turner" and the "Dark One." No one else (the police, the insurance companies, and those other onlookers) moves from the side of the floor, they just don't know those steps, for the U-Turner and the Dark One collide just once. All others say that the two should not have been on the road, either one of them, so all others leave the dance, and nobody does a thing, for everyone assigns equal culpability to both of them. Everybody goes home. Nobody moves. The one with collision and comprehensive coverage does o.k. It doesn't matter who has liability insurance for the companies won't seek a finding on the other as culpable. Of course, it all depends on conclusory proof or admission that lights were off, and if that can't be proved or is not admitted, then the U-Turner gets the short-end of the stick.

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