From these facts it appears that you and the other driver both contributed to the collision. You were driving in an area not intended to be a forward traveling lane, the other driver had a duty to make a turn only when reasonably safe to do so. If you were injured in the accident your recovery could be reduced by the percentage that you contributed to the cause.
I have handled these types of cases before. There is a provision in the Vehicle Code that allows passing on the right if the lane is wide enough to do so. Feel free to contact me next week if you would like to discuss.
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