Brothers collision. Thoughts?
Discussion
1) Which car is your brother, we don't know him!
2) presume the BMW is offending car. If so, where is your brother trying to go. Reverse into a drive to the right of camera?
3) does this mean the BMW tried to go "behind him" as he reversed?
You need to tell us a bit more, we don't know the lie of the land there at all. If he has mounted pavment to go behind him, he may have a claim if he was indicating correctly. But if your bother swung out going to other side of road he may not.
Where is the damage on the respective cars??.
4x4Tyke said:
TwigtheWonderkid said:
When you reverse it's up to you to make sure it's clear / safe to do so. No one should have to take evasive action to avoid a reversing vehicle.
That applies just as much to the car that drove into a reversing car. Culpability? 50:50 is probably going to be the insurer's point of view.
In law, there is no greater responsibility placed on a reversing driver than one going forwards.
Your brother should not have driven - forwards or backwards - until he'd established that his intended route was clear and remained so. The requirement is the same for the other driver. He(?) should not have taken to the footway either.
A driver changing direction or speed - starting to reverse or moving onto the footway - needs to ensure the route is clear and no other driver is inconvenienced.
In law, there is no greater responsibility placed on a reversing driver than one going forwards.
Your brother should not have driven - forwards or backwards - until he'd established that his intended route was clear and remained so. The requirement is the same for the other driver. He(?) should not have taken to the footway either.
A driver changing direction or speed - starting to reverse or moving onto the footway - needs to ensure the route is clear and no other driver is inconvenienced.
Sorry all. Bit of a long day/24 hours for me.
My brother is in the Ford Focus. His driveway is out of shot so at the end of the clip he manouevers left to then be able to reverse straight onto his drive, he would be positioned over the two lanes as the BMW goes into the other lane to go around him as he is reversing. Unsure if he looked. I wasn’t there with him.
Unsure if he had even started to reverse. He could have been stationary as the BMW comes around the corner quite quickly and changes lanes quickly.
Damage is to the rear of my brothers rear bumper. Not sure of the BMW to be honest.
My brother is in the Ford Focus. His driveway is out of shot so at the end of the clip he manouevers left to then be able to reverse straight onto his drive, he would be positioned over the two lanes as the BMW goes into the other lane to go around him as he is reversing. Unsure if he looked. I wasn’t there with him.
Unsure if he had even started to reverse. He could have been stationary as the BMW comes around the corner quite quickly and changes lanes quickly.
Damage is to the rear of my brothers rear bumper. Not sure of the BMW to be honest.
4x4Tyke said:
TwigtheWonderkid said:
No it doesn't. Reversing is more hazardous that driving forward. When you reverse, you take on the responsibility of avoiding collisions. Best way of doing this is don't reverse when other cars are driving towards you.
Nonsense.TwigtheWonderkid said:
4x4Tyke said:
TwigtheWonderkid said:
No it doesn't. Reversing is more hazardous that driving forward. When you reverse, you take on the responsibility of avoiding collisions. Best way of doing this is don't reverse when other cars are driving towards you.
Nonsense.All drivers have a responsibility to avoid collisions, FULL STOP.
The other car reversing does nothing to absolve that.
Should the thread title be "Brother's collision. What should his story be?"
If your brother was positioned stationary in the road, ready to reverse back, and the BMW driver saw him, steered right to avoid him and mounted the kerb, but still managed to hit your brother's car then the BMW driver would be at fault.
If your brother failed to see the BMW driver before he began to reverse, or if he saw the BMW and reversed anyway, then your brother would be at fault.
If you live near a driving test route then you will be used to seeing learners freezing their 3 point turn manoeuvre as soon as you appear. They are being taught to let the oncoming car decide whether to stop or to carry on past before continuing. I may well have made the same assumption that your brother did that the other car would stop, but that doesn't make it right.
If your brother was positioned stationary in the road, ready to reverse back, and the BMW driver saw him, steered right to avoid him and mounted the kerb, but still managed to hit your brother's car then the BMW driver would be at fault.
If your brother failed to see the BMW driver before he began to reverse, or if he saw the BMW and reversed anyway, then your brother would be at fault.
If you live near a driving test route then you will be used to seeing learners freezing their 3 point turn manoeuvre as soon as you appear. They are being taught to let the oncoming car decide whether to stop or to carry on past before continuing. I may well have made the same assumption that your brother did that the other car would stop, but that doesn't make it right.
TooMany2cvs said:
CharlieH89 said:
He could have been stationary as the BMW comes around the corner quite quickly and changes lanes quickly.
The BMW doesn't come round there much quicker than he did.Lazy driving by both of them by the look of it and both should have stopped well before any collision occurred.
Derek Smith said:
Your brother should not have driven - forwards or backwards - until he'd established that his intended route was clear and remained so. The requirement is the same for the other driver. He(?) should not have taken to the footway either.
The other driver should have waited for a vehicle to complete its manoeuvre and should not be overtaking if the route isn't clear to do so safely.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff