Auto Insurance Claims: Left turn, got hit on solid yellow line curb lane, street intersection, rush hours

Question
"I was leaving from my condo's exit, heading southbound of the street by turning left, it was in rush hours, so the lane heading northbound is jammed, there's 2 lanes on each direction, and a solid yellow lined curb lane in the center that has no left or right turn available until 250m away until the next main street intersection from where the accident occurred . Both northbound lanes' drivers yield me way to let me turn left and signal me to go through. Just when i reach the curb lane and have half of the front wheel of my car touches the curb lane, i got hit by a vehicle who was rushing down the curb lane. But the problem is, all driver including me have the right to expect all drivers on the road to drive safely, it is not expectable that a driver would run down the curb lane when there's no turns available until like 250m to the next intersection, and the drivers tries to escape from the traffic jam because he's making a left turn "anyway" in the next intersection, he decided to use the curb lane as an express lane by risking there will be no cars coming out from the exit that will be turning left, and ran into me. It was an immediate hazard, I drove out and seconds later i was hit. It's like a grey area here, where all left turner are at false, but is driving down a curb lane with solid yellow line that has the only turn 250m ahead acceptable? I also got an eye witness who had worked in an insurance company before, he saw the whole scene, but the problem is I heard that the witness is useless when the judge decide to put me at fault for the accident... I would like to hear some professional comments about this accident, i know all left turner are at fault most of the time.. but i would like to know should the other driver split the liability for doing such thing? And how can I defend myself when the statement states I'm at full fault.

Thanks in advance.

Answer
Hi Kenneth,

Based on your description of the events and the position of all of the vehicles, it would seem to be that it should have been determined to be bot drivers fault. However, in most cases when a driver relys on other drivers to waive you through and you get hit it is usually found to be your fault.

If I read your information correctly it sounds as if a Judge has already found you to be at fault. If this is the case then there is nothing you can do. The judge made a decision and that is what will stand.

I hope this helps
Richard Hixenabaugh