Crash! Whose fault?

[thismonkeyhere]

Actually, I already know who is at 'fault', but it's annoying the hell out of me that the mouth-breather that caused the whole debacle gets off scott free.

I was exiting a small village on my morning commute, at all of about 27 mph, when a pickup truck pulled out right in front of me (Right turn from lane on left, so crossing my path), causing me to brake harder than I've had to in a long time. He can't have missed me - good visibility, lights on etc - he must have just not looked.

I managed to stop in time to not hit him - by a whole half a meter or so - but unfortunately the lady behind could not stop in time and so - boom! (or as much of a boom as you get under 30).

Ok, so her fault for being too close/inattention or whatever, but it's irking me somewhat that the monkey in the truck just gets to waltz off with no comebacks. Neither of us got his reg number - due in part to the speed he left the scene at, probably as he'd seen what he caused - however, the police told me that even if I had it they would only be able to log it as 'intelligence' as the accident is between me and the car behind.

Anyway, claim in progress, very annoying. I really look after my cars, and so far on this one, no damage whatsoever done by me, but damage by others - plenty. Grr etc Just hope they don't write it off, it's not a young car.

(Yes, I know. Cool story bro.... Just wanted to vent)

[Torquey]

It does show that these set rules (e.g. the person behind is always to blame) don't always apply. You just have to look in "st driving caught on camera" thread to see the person in front is sometimes responsible.

Maybe when all cars have front and rear dash cams and insurance companies pull their fingers out, something may change.

[speedking31]

Torquey said:

It does show that these set rules (e.g. the person behind is always to blame) don't always apply.

errr ... she was to blame. Same as if a child had run out or a deer jumped out the hedge. OP is going to brake heavily. Irrespective of the initiating event it was her fault.

[anonymous-user]

Exactly. Rear driver should leave enough room for an emergency stop. She didn't.

Of course the mouth breather caused the situation, but the lady at the back was too close/not paying attention / on the phone

[nitrodave]

As unfortunate as the situation is, the woman who drove in to you is to blame. You took appropriate action to avoid a collision and she failed to do so. Sitting too close or not paying attention. Either way, her fault.

[Graveworm]

thismonkeyhere said:

Actually, I already know who is at 'fault', but it's annoying the hell out of me that the mouth-breather that caused the whole debacle gets off scott free.

I was exiting a small village on my morning commute, at all of about 27 mph, when a pickup truck pulled out right in front of me (Right turn from lane on left, so crossing my path), causing me to brake harder than I've had to in a long time. He can't have missed me - good visibility, lights on etc - he must have just not looked.

I managed to stop in time to not hit him - by a whole half a meter or so - but unfortunately the lady behind could not stop in time and so - boom! (or as much of a boom as you get under 30).

Ok, so her fault for being too close/inattention or whatever, but it's irking me somewhat that the monkey in the truck just gets to waltz off with no comebacks. Neither of us got his reg number - due in part to the speed he left the scene at, probably as he'd seen what he caused - however, the police told me that even if I had it they would only be able to log it as 'intelligence' as the accident is between me and the car behind.

Anyway, claim in progress, very annoying. I really look after my cars, and so far on this one, no damage whatsoever done by me, but damage by others - plenty. Grr etc Just hope they don't write it off, it's not a young car.

(Yes, I know. Cool story bro.... Just wanted to vent)

From your description. The pickup was one of the causes of the accident. Strictly speaking it should of stopped under the RTA but discounting a defence that they were unaware of the accident would be a hiding to nothing. Also, from what you describe, they were guilty of moving traffic offences. But blame also lies with the lady and probably she would technically have committed offences as well.

Edited by Graveworm on Thursday 28th February 14:38

[TwistingMyMelon]

This kind of thing can and does often happen thats why you pay attention and leave a decent sized gap, which the driver behind you didnt do

[J2daG1990]

The Lorry driver wasn't the cause of the crash, just a factor.

The cause of the crash was the Lady behind not leaving a big enough gap to brake in time.

You could argue that if the Lorry driver didn't pull out the accident would never have happened and you'd probably be right, but that doesn't make it his fault. That's like saying if you weren't driving your car that day there would be no accident.

Now if you would have hit the Lorry then that would be a different story!

[TwigtheWonderkid]

thismonkeyhere said:

Ok, so her fault for being too close/inattention or whatever, but it's irking me somewhat that the monkey in the truck just gets to waltz off with no comebacks.

And so he should. OK, he made an error, but no harm done. You managed to stop in time. He never caused an accident. Any other day you would have shaken your head and tutted, he might have held up his hand to apologise, and you'd both be on your way. You certainly wouldn't have been calling for his head on PH. Unfortunately, on this particular day, you were being followed by a buffoon driving either too close or too fast...or both. That's not his fault.

[Sheepshanks]

I guess this is why insurance premiums are lower on cars with autonomous braking.

She really mustn't have been paying attention - she probably reacted to you braking rather than seeing the pick-up pulling out.

[vonhosen]

Graveworm said:

From your description. The pickup was one of the causes of the accident. Strictly speaking it should of stopped under the RTA but discounting a defence that they were unaware of the accident would be a hiding to nothing. Also, from what you describe, they were guilty of moving traffic offences. But blame also lies with the lady and probably she would technically have committed offences as well.

This.

[thismonkeyhere]

TwigtheWonderkid said:

And so he should. OK, he made an error, but no harm done. You managed to stop in time. He never caused an accident. Any other day you would have shaken your head and tutted, he might have held up his hand to apologise, and you'd both be on your way. You certainly wouldn't have been calling for his head on PH. Unfortunately, on this particular day, you were being followed by a buffoon driving either too close or too fast...or both. That's not his fault.

You speak much sense. Although, even if I hadn't been hit fom behind I may well have still been venting on PH, as it would have been the closest call I've had in a long time - I really only just managed to stop in time, and that from under 30 mph tells you how close I was when he pulled out.

However, yes, entirely the lady behind's fault, but I'd have have morons like him (pickup) off the road in a heartbeat, given the chance. I'm far from perfect at driving, but I can say without fear of contradiction that I have never pulled out in front of someone like that.

[thismonkeyhere]

As an aside - if my insurance co decide it's 'uneconomical to repair' or whatever, I'd prefer to keep the car. I know people can and have had an insurance payout and get to keep the vehicle - how does that all work?

[TwigtheWonderkid]

thismonkeyhere said:

TwigtheWonderkid said:

And so he should. OK, he made an error, but no harm done. You managed to stop in time. He never caused an accident. Any other day you would have shaken your head and tutted, he might have held up his hand to apologise, and you'd both be on your way. You certainly wouldn't have been calling for his head on PH. Unfortunately, on this particular day, you were being followed by a buffoon driving either too close or too fast...or both. That's not his fault.

You speak much sense. Although, even if I hadn't been hit fom behind I may well have still been venting on PH, as it would have been the closest call I've had in a long time - I really only just managed to stop in time, and that from under 30 mph tells you how close I was when he pulled out.

However, yes, entirely the lady behind's fault, but I'd have have morons like him (pickup) off the road in a heartbeat, given the chance. I'm far from perfect at driving, but I can say without fear of contradiction that I have never pulled out in front of someone like that.

I agree it's annoying, but being honest, I'd rather someone pull out in front of me, giving me a fighting chance to avoid the crash or allowing be to brace before impact, than to be hit in the rear, giving me no fighting chance at all and maybe little idea what's about to happen.

People who drive too close too fast are a fking menace. And no doubt, occasionally, I'm one of them.

[thismonkeyhere]

TwigtheWonderkid said:

I agree it's annoying, but being honest, I'd rather someone pull out in front of me, giving me a fighting chance to avoid the crash or allowing be to brace before impact, than to be hit in the rear, giving me no fighting chance at all and maybe little idea what's about to happen.

People who drive too close too fast are a fking menace. And no doubt, occasionally, I'm one of them.

Annoyingly, I was tailgated through the same spot this morning, the massive dent in the back of my car apparently not enough to clue him up aa to what might happen if I have to stop....