Who is at fault?
Discussion
Obligatory street view shot - https://www.google.co.uk/maps/@52.555797,-1.307703...
A friend was travelling up a narrow single-lane country road and was confronted by an oncoming car.
Oncoming car stopped at the far cone in the image and friend pulled into the lay-by between the cones and stopped.
Oncoming car misjudged the gap and scraped my friends car as he was passing.
Witness behind oncoming car has confirmed the above.
It seems clear-cut to me, but is there any way the driver in the lay-by could be blamed? Either there was enough room for him to pass or there wasn't.
A friend was travelling up a narrow single-lane country road and was confronted by an oncoming car.
Oncoming car stopped at the far cone in the image and friend pulled into the lay-by between the cones and stopped.
Oncoming car misjudged the gap and scraped my friends car as he was passing.
Witness behind oncoming car has confirmed the above.
It seems clear-cut to me, but is there any way the driver in the lay-by could be blamed? Either there was enough room for him to pass or there wasn't.
Edited by Bestle on Saturday 5th July 07:59
Well I think if I hd been your friend, I would have gone into the larger area ahead of the passing place as it would allow more space to pass.
However given what your friend did, the responsibility is surely on the driver approaching to ensure they had enough space to pass safely, if they were uncomfortable with the space available they should not have proceded, so the fault would be their's.
However given what your friend did, the responsibility is surely on the driver approaching to ensure they had enough space to pass safely, if they were uncomfortable with the space available they should not have proceded, so the fault would be their's.
Corpulent Tosser said:
Well I think if I hd been your friend, I would have gone into the larger area ahead of the passing place as it would allow more space to pass.
However given what your friend did, the responsibility is surely on the driver approaching to ensure they had enough space to pass safely, if they were uncomfortable with the space available they should not have proceded, so the fault would be their's.
The oncoming car was too far forward for my friend to move into the larger area.However given what your friend did, the responsibility is surely on the driver approaching to ensure they had enough space to pass safely, if they were uncomfortable with the space available they should not have proceded, so the fault would be their's.
IMO, if the gap left clearly wasn't big enough, he should have reversed to allow my friend to move into that area.
SV8Predator said:
Bestle said:
It truly is incredibly lucky there was a witness there. It happened at 2am this morning and that road is rarely used.
Ah, the story changes. It was pitch black.Moving car was at fault. Doesn't matter if it is night or day, the fact is that the driver hit a stationary car.
STW2010 said:
Cars do have lights though.
Moving car was at fault. Doesn't matter if it is night or day, the fact is that the driver hit a stationary car.
Absolutely. Which is why if I get to a narrow section with someone intent on pushing through Ill simply stop where I am. Also has the pleasant seaside effect of annoying the 'pusher'. Moving car was at fault. Doesn't matter if it is night or day, the fact is that the driver hit a stationary car.
Bestle said:
SV8Predator said:
Ah, the story changes. It was pitch black.
Does it really change? I'm not sure a white R8 with the lights on would be too hard to spot.My prejudice aside, it would take a very unusual set of circumstances for the moving vehicle not to be at fault.
desolate said:
Bestle said:
Friends insurers seem to think that as this is a narrow lane collision, it will be a split liability.
Surely this isn't right?
He needs to remind them he was stationary and hope that the witness corroborates this.Surely this isn't right?
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