Higher Degree of Care In Making a U Turn Requirement
"A defendant making a "U" turn is required to use a higher degree of care than is necessary in the case of a vehicle going directly along a highway.
In other words, the degree of care required must be commensurate with the increased danger resulting from the operation of his vehicle in this manner.... While a plaintiff driving along a roadway has the right of way, this does not give him an absolute right to continue to proceed along once he becomes aware, or under the exercise of due care should have become aware, of the presence of the defendant's vehicle making a "U" turn on the roadway" (Condon v. Epstein, 8 Misc2d 674, 676, 168 NYS2d 189 [City Court of the City of New York, Trial Term, New York County 1957].
In Condon v. Epstein, supra, the Court opined that the accident was caused mainly by the negligence of the defendant who made a U-turn without the due care required in the circumstances and obviously without granting the right of way to the plaintiff.
The Court further stated that the plaintiff was not wholly blameless as he failed to see the defendant's vehicle making the U-turn and that the plaintiff's failure to observe the entire roadway contributed to this accident.