Car accident, not sure who is at fault
Discussion
Recently involved in a car accident and I'm not sure if I'm at fault or the other party is at fault or if it's a bit of both so would appreciate some assistance from anyone who may know a bit more than me.
Here is the situation.
I approach a give way to cross a dual carriageway into a shopping centre car park. Exhibit 1
I then waited for the road to be clear and made my way across the dual carriageway and as I am part-way across the road, a car enters the road from a give way to my left at speed and smashes into me Exhibit 2
When I entered the road, the car was not visible and the car emerged on to the road with the driver looking right and didn't look at me until too late and then crashed into me just before the entrance to the car park.
My argument is that the other driver should not be entering the road without assessing traffic ahead of them where if they had noticed a car in the act of crossing the road, should have stopped at the give way.
My insurance on the other hand, have said that it shows that I have failed to give way at a junction and pulled across 2 lanes into the path of the third party’s correctly proceeding vehicle.
But how can you give way to traffic that is not on the road you are entering nor is visible from the road you are entering.
Any help is appreciated, thank you.
Here is the situation.
I approach a give way to cross a dual carriageway into a shopping centre car park. Exhibit 1
I then waited for the road to be clear and made my way across the dual carriageway and as I am part-way across the road, a car enters the road from a give way to my left at speed and smashes into me Exhibit 2
When I entered the road, the car was not visible and the car emerged on to the road with the driver looking right and didn't look at me until too late and then crashed into me just before the entrance to the car park.
My argument is that the other driver should not be entering the road without assessing traffic ahead of them where if they had noticed a car in the act of crossing the road, should have stopped at the give way.
My insurance on the other hand, have said that it shows that I have failed to give way at a junction and pulled across 2 lanes into the path of the third party’s correctly proceeding vehicle.
But how can you give way to traffic that is not on the road you are entering nor is visible from the road you are entering.
Any help is appreciated, thank you.
It sounds like it is their fault.
Highway code:
look all around before emerging. Do not cross or join a road until there is a gap large enough for you to do so safely.
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
It's their fault.
You where on the main road. They should look all around before joining.
You did nothing wrong, end of. You couldn't see them at the time you pulled out. You were then on the main road, if briefly.
Always be able to stop in the distance you can see to be clear. I've nearly been caught out by this before - parked cars on the other side of the junction when I was turning left. I nearly didn't see the vehicle passing them. If I'd pulled out, that would have been my fault. Always look all around, even when turning left. I tend to look to the right, then look left when I start to lift my clutch. If they pull out without looking in front of them, they're at fault.
Highway code:
look all around before emerging. Do not cross or join a road until there is a gap large enough for you to do so safely.
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
It's their fault.
You where on the main road. They should look all around before joining.
You did nothing wrong, end of. You couldn't see them at the time you pulled out. You were then on the main road, if briefly.
Always be able to stop in the distance you can see to be clear. I've nearly been caught out by this before - parked cars on the other side of the junction when I was turning left. I nearly didn't see the vehicle passing them. If I'd pulled out, that would have been my fault. Always look all around, even when turning left. I tend to look to the right, then look left when I start to lift my clutch. If they pull out without looking in front of them, they're at fault.
Edited by Solocle on Wednesday 7th June 17:14
Fort Jefferson said:
It doesn't look as if you are supposed to turn right out of the junction the other car was turning out of?
The road is a one-way so my assumption is that the driver was looking right to assess traffic coming from the right and then did not spot me in the road until they had already emerged. Obviously this is near impossible to prove but it's what I gathered from the situation at the time.This is my understanding
https://drive.google.com/open?id=1opYswP6Kpbo5kjHa...
There is 13m between where Mr Numpty entered the road and OP was crossing.
The OP had 10m of road to cross. I'm guessing that the OP was at a halt then emerged, while Mr N was approaching at speed (30 mph). He covered about 38m from becoming visible to the OP, which, at 30 mph, is 2.8s.
More details OP?
https://drive.google.com/open?id=1opYswP6Kpbo5kjHa...
There is 13m between where Mr Numpty entered the road and OP was crossing.
The OP had 10m of road to cross. I'm guessing that the OP was at a halt then emerged, while Mr N was approaching at speed (30 mph). He covered about 38m from becoming visible to the OP, which, at 30 mph, is 2.8s.
More details OP?
Edited by Solocle on Wednesday 7th June 17:31
Solocle said:
This is my understanding
https://drive.google.com/open?id=1opYswP6Kpbo5kjHa...
Yes, exactly that, thank you. I had no idea you could do that. I spent ages arsing about in photoshop drawing lines for the insurance.https://drive.google.com/open?id=1opYswP6Kpbo5kjHa...
It's a difficult situation.
You tell insurers you couldnt see other approaching the junction. Other driver says they approached give way, checked to ensure clear and emerged. Sadly, it's your word against theirs then. Guessing you dont have a dashcam? That would prove it one way or another.
You tell insurers you couldnt see other approaching the junction. Other driver says they approached give way, checked to ensure clear and emerged. Sadly, it's your word against theirs then. Guessing you dont have a dashcam? That would prove it one way or another.
CoreyDog said:
It's a difficult situation.
You tell insurers you couldnt see other approaching the junction. Other driver says they approached give way, checked to ensure clear and emerged. Sadly, it's your word against theirs then. Guessing you dont have a dashcam? That would prove it one way or another.
Unfortunately not, it'll be the first thing on the to-do list once the car is repaired. On top of binning my insurance who have been absolutely useless.You tell insurers you couldnt see other approaching the junction. Other driver says they approached give way, checked to ensure clear and emerged. Sadly, it's your word against theirs then. Guessing you dont have a dashcam? That would prove it one way or another.
CoreyDog said:
It's a difficult situation.
You tell insurers you couldnt see other approaching the junction. Other driver says they approached give way, checked to ensure clear and emerged. Sadly, it's your word against theirs then. Guessing you dont have a dashcam? That would prove it one way or another.
And that's exactly why it'll go 50:50, at best.You tell insurers you couldnt see other approaching the junction. Other driver says they approached give way, checked to ensure clear and emerged. Sadly, it's your word against theirs then. Guessing you dont have a dashcam? That would prove it one way or another.
This other car must have been fairly seriously moving - and it hit you around the front door/wheel/pillar?
Got any pics of damage and final resting positions of the two cars?
PurpleMoonlight said:
Were you pushing your car?
If they hit your front quarter they must have been visable to you when you started to cross.
They simply could not have traveled from out of visibility to hit you by the time you traveled 10ft.
They came into view as I had started to cross, yes. My options at this point are to now stop in the middle of a dual carriageway, assuming that they will not stop for me or carry on my journey the extra 10ft and assume that they will stop/slow down for me.If they hit your front quarter they must have been visable to you when you started to cross.
They simply could not have traveled from out of visibility to hit you by the time you traveled 10ft.
As I am in the dangerous position of now being on the road, perpendicular to the flow of traffic, it makes sense that I should carry on my path and that they should not enter the road I am on.
JXN1990 said:
They came into view as I had started to cross, yes. My options at this point are to now stop in the middle of a dual carriageway, assuming that they will not stop for me or carry on my journey the extra 10ft and assume that they will stop/slow down for me.
As I am in the dangerous position of now being on the road, perpendicular to the flow of traffic, it makes sense that I should carry on my path and that they should not enter the road I am on.
So they appeared while you were most of the way across the first lane, from the sound of things. Where, roughly, were they when you first saw them (I'm guessing you were probably observing all around, mainly in front of you).As I am in the dangerous position of now being on the road, perpendicular to the flow of traffic, it makes sense that I should carry on my path and that they should not enter the road I am on.
JXN1990 said:
They came into view as I had started to cross, yes. My options at this point are to now stop in the middle of a dual carriageway, assuming that they will not stop for me or carry on my journey the extra 10ft and assume that they will stop/slow down for me.
As I am in the dangerous position of now being on the road, perpendicular to the flow of traffic, it makes sense that I should carry on my path and that they should not enter the road I am on.
I don't buy that.As I am in the dangerous position of now being on the road, perpendicular to the flow of traffic, it makes sense that I should carry on my path and that they should not enter the road I am on.
You are already contradicting your original post.
I think the key point to prove is that you were already crossing the road by the time he reached the give way line. That means that you're in the right in terms of the highway code. Whether you could have avoided the accident is another question (and insurance companies might have their own policies).
PurpleMoonlight said:
I don't buy that.
You are already contradicting your original post.
If I was at fault, I'd admit it. I came to this thread not knowing if I was at fault or not because I have a complete lack of understanding on situations like this with it being my first accident. I am guilty of emerging on to roads just as the driver who hit me did and realise how the ordeal has come about bit I can't accept responsibility for causing the accident because under the circumstances, I believe most people would have done the same as me.You are already contradicting your original post.
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