Who's to blame?
Discussion
OK, hypothetical accident here...
I'm sitting at an junction trying to turn left onto an single lane A road. I look to my right, there's no traffic coming, so I pull out. What I don't know is that there's a guy coming the opposite way down the A road on the wrong side of the road and as I pull out, we have a head on collision.
So then, would I be to blame for not checking both ways when pulling out of the junction? Or is it his fault for driving on the wrong side of the road.
If it's his fault for driving on the wrong side of the road, does the blame change if he was legally overtaking a slower car?
I'm sitting at an junction trying to turn left onto an single lane A road. I look to my right, there's no traffic coming, so I pull out. What I don't know is that there's a guy coming the opposite way down the A road on the wrong side of the road and as I pull out, we have a head on collision.
So then, would I be to blame for not checking both ways when pulling out of the junction? Or is it his fault for driving on the wrong side of the road.
If it's his fault for driving on the wrong side of the road, does the blame change if he was legally overtaking a slower car?
If the hypothetical road is straight and you could see both ways then the blame would lie with you due to him being on the main road. You should always look both ways when exiting a junction.
On saying that though I would not want to be the other guy as questions re your speed and 'overtaking at a junction' would cause more hassle than it's worth.
On saying that though I would not want to be the other guy as questions re your speed and 'overtaking at a junction' would cause more hassle than it's worth.
years ago the slogan was 'look right, look left and right again........if nothing coming its safe to cross'
Govt used to actually SPEND money to educate us [
]
Applies to pulling out as well as pedestrians.
Don't overtake when passing a junction as some clown might pull out without looking and you'll have an accident.
Don't pull out from a junction without looking as some clown might overtake when passing the junction and you'll have an accident.
Simple - an accident can ruin your day or worse and trying to pin the blame on the other guy as we all do is poor compensation.
Sorry to sound arrogant over this but my not watching for what the other guy might do has involved me in 2 minor shunts in about a 800,000 miles of driving.
Govt used to actually SPEND money to educate us [
] Applies to pulling out as well as pedestrians.
Don't overtake when passing a junction as some clown might pull out without looking and you'll have an accident.
Don't pull out from a junction without looking as some clown might overtake when passing the junction and you'll have an accident.
Simple - an accident can ruin your day or worse and trying to pin the blame on the other guy as we all do is poor compensation.
Sorry to sound arrogant over this but my not watching for what the other guy might do has involved me in 2 minor shunts in about a 800,000 miles of driving.
I witnessed this very accident. A lad on a motorcycle pulled out left. I was 3rd car in line coming from his left. Car 2 began an overtake on car 1 and could see lad on bike coming even before he started overtaking.
As a witness I laid the blame squarely on the overtaker. It was an optimistic move anyhow (1.6 Orion if I recall) and secondly he was paying no attention either to the junction or to the poor sap approaching it.
Lad was uninjured thankfully as he locked up the front braking when he saw orion man coming and luckily slid the right way into the hedge. Orion man went into a skid as he crushed the bike and left the road right in front of car 1 demolishing the roadsign on his way into the ditch.
Interestingly the roadname sign pointing down the junction speared his passenger seat, thankfully nobody injured.
SM
As a witness I laid the blame squarely on the overtaker. It was an optimistic move anyhow (1.6 Orion if I recall) and secondly he was paying no attention either to the junction or to the poor sap approaching it.
Lad was uninjured thankfully as he locked up the front braking when he saw orion man coming and luckily slid the right way into the hedge. Orion man went into a skid as he crushed the bike and left the road right in front of car 1 demolishing the roadsign on his way into the ditch.
Interestingly the roadname sign pointing down the junction speared his passenger seat, thankfully nobody injured.
SM
Seen this many times. At the end of the street is the main drag. Turning onto it one late summers afternoon, i did the right left right again thing....then looked left...to see an RS turbo doin about the ton upwards on an overtake right on the junction.
If i hadnt have looked left again, id have had him head on.
Tend to look at least a coupla times nowadays...just in case.
If i hadnt have looked left again, id have had him head on.
Tend to look at least a coupla times nowadays...just in case.
I have had this exact accident in my chimp.
There was a car parked illegaly on the corner so i could not see left at all, checked right and left as much as i could , nudged the nose out v slowly so that anyone coming from the left would see me in plenty of time (hallycon midas yellow TVR) and the nice mr taxi who was on the wrong side of the road - not overtaking just on the wrong side of the road drove straight into me removing the majority of the front of my car.
And yes it was my fault, and the police who attended would do nothing about the illegaly parked car that was the real cause of the accident, apart from say it wasnt there department.....
ing jobsworths.
Oh yes and forgot to add the gave me a verbal caution for due care and attention - i nearly lamped the twat
>> Edited by dontlift on Thursday 9th October 11:51
There was a car parked illegaly on the corner so i could not see left at all, checked right and left as much as i could , nudged the nose out v slowly so that anyone coming from the left would see me in plenty of time (hallycon midas yellow TVR) and the nice mr taxi who was on the wrong side of the road - not overtaking just on the wrong side of the road drove straight into me removing the majority of the front of my car.
And yes it was my fault, and the police who attended would do nothing about the illegaly parked car that was the real cause of the accident, apart from say it wasnt there department.....
ing jobsworths. Oh yes and forgot to add the gave me a verbal caution for due care and attention - i nearly lamped the twat
>> Edited by dontlift on Thursday 9th October 11:51
I'd say its the overtaker - never overtake near a junction, because of the danger associated with people pulling out.
If you are pulling out and turning left, look right, left, right then pull out, if someone pulls out of a queue on the opposite side of the road, then its their fault. Simple
If you are pulling out and turning left, look right, left, right then pull out, if someone pulls out of a queue on the opposite side of the road, then its their fault. Simple
I don't think there is a hard and fast rule about this type of thing. If visibility is good and you can see that the juntion is clear (and you can see that is will remain clear for the time of the overtake) then why not slip a qucik safe overtake in?
In the scenario described, I would say that the left turner was at fault. If he had checked the road properly he would have seen the overtaking vehicle and not exitted the junction.
In the scenario described, I would say that the left turner was at fault. If he had checked the road properly he would have seen the overtaking vehicle and not exitted the junction.
I'm sorry to hear of your prang. This is very interesting as there is a poxy "traffic calming" thing near me. The people who live down the side road near it ALWAYS turn left without looking --- right into the path of the traffic that HAD to go on the RHS.
One of the many reasons next year I will be driving a Landy with 5mm winch bumper! these fragile plastic/glass fibre cars wreck all too easy.
One of the many reasons next year I will be driving a Landy with 5mm winch bumper! these fragile plastic/glass fibre cars wreck all too easy.
This is one of those situations that actually scares me on the roads.
Primarily because so many drivers do not look both ways before exiting left at a junction. Many drivers (mostly numpties) will always assume that nobody will be overtaking - because they never overtake themselves.
It's not just the numpties to blame.
In my view there can be no such thing as a safe overtake if you are approaching a junction. A previous poster suggests to overtake if you can be sure no-one will exit the junction during the overtake. How on earth can you know this? Most junctions in the UK you cannot see more than about 2 yards of the road to the right at a junction. It's blocked by buildings, or trees or hedges.
The road authorities should be much stricter in placing 'no overtaking' lines around all these junctions, but even then it cannot account for the many small side roads and tracks from which vehicles emerge.
Primarily because so many drivers do not look both ways before exiting left at a junction. Many drivers (mostly numpties) will always assume that nobody will be overtaking - because they never overtake themselves.
It's not just the numpties to blame.
In my view there can be no such thing as a safe overtake if you are approaching a junction. A previous poster suggests to overtake if you can be sure no-one will exit the junction during the overtake. How on earth can you know this? Most junctions in the UK you cannot see more than about 2 yards of the road to the right at a junction. It's blocked by buildings, or trees or hedges.
The road authorities should be much stricter in placing 'no overtaking' lines around all these junctions, but even then it cannot account for the many small side roads and tracks from which vehicles emerge.
dontlift said:
What if the road markings prohibited overtaking? If you pulled out without looking, only to be nailed by someone on an illegal overtake, where the hell would anyone stand?!
the person pulling out is always in the wrong on these
Scant consolation if you die in the crash. Oh well at least it wasn't your fault!
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff