saph4be

A friend was waiting to pull out her street earlier and a oncoming car slowed and flashed to let her out which she did, but the car behind overtook and hit her whose fault is it?

dojj

iTrader: (3)

this happened to a mate of mine

eventually it was thrown out of court because there were only 2 peeps in the car when the police turned up to write the report, but there were 5 when it went to court for personal injury claims

but they said it would come down to 50-50 as he shouldn't have been puilling out and the guy who hit him shouln't have been overtaking in a dangerous fashion but it all depends on the judge at the time

pics would help but the guy overtaking is more likely to get the blame, even more so if it was a head on rather than a side impact

you also have to factor in which side of the road both cars were at the point of impact, how fast the other car was going etc but you could always argue that the guy behind wasn't paying attention when the car in front slowed down and to avoid going into the back of him, he went round and into the front of you

Iain Mac

Her.

A flash of the lights has no purpose except to say "I am here".
She should not have joined the main road until it was safe to do so.

The driver doing the overtake should have been paying attention to the car waiting at the junction and recognised the potential hazard but, if he believed the driver of the car had seen him, and that the car in front of him was slowing or indicating to pull in, and there was no oncoming trafic it may have seemed safe for his overtake.

saph4be

thats pretty much what i thought tbh

focusv8

If the car that did the overtake was on the opposite side of the road, (single lane both sides) then 75% them, 25% your friend.
If the overtaking car was on a 2 lane road, 100% your friend.

.

BigChuck

without knowing the exact conditions, you cant really say the guy overtaking was 70% to blame.

he could well have been doing a legal overtake, light traffic conditions, within the speed limit etc.

the driver pulling out onto oncoming traffic should be the one taking the majority of the blame

focusv8

It's not oncoming traffic to the person pulling out if the other car was on the wrong side of the road and it's not a legit overtake on the approach to a junction.

The driver that was hit was probably concerntrating on traffic coming from the other direction but they should have been aware of the possibility of someone travelling towards them on the wrong side of the road.

.

CraigJ

Had the exact same problem a few years ago. i was overtaking and the car i was passing flashed a car in a side street to pull out. We went to the police station and got it cleared up. The copper stated that it was my right of way and the fault of the car that pulled out.

The road we were on was quite wide and i didnt have to go over the white lines but as far as i'm aware and from what the copper said it would have still been the other guys fault.

Just because someone flashes you to pull out, it doesn't mean its safe. You still have to make sure and if anything happens your in the shit.

nthorpey

depends on road markings , i.e was the junction marked with Give way line/sign? if so they're paying for repairs.

Iain Mac

Traffic already on the road ALWAYS has priority over traffic wanting to join. No exceptions that I can think of.

I don't see why anyone would think the guy doing the overtake would have any liability, even though he failed to observe and plan for the possibility that a diddy might pull out in front of him, or wonder if an overtake was sensible on the approach to a junction.

We don't yet have a situation that bad drivers get the blame for someone else's mistake, though.

focusv8

167

DO NOT overtake where you might come into conflict with other road users. For example

• approaching or at a road junction on either side of the road
• where the road narrows
• when approaching a school crossing patrol
• between the kerb and a bus or tram when it is at a stop
• where traffic is queuing at junctions or road works
• when you would force another road user to swerve or slow down
• at a level crossing
• when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
• stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
• when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic

Highway code;

BigChuck

can you post an actual law, rather than a guideline?

Iain Mac

He should have avoided making an overtake where he did, but the fault is with the driver joining - regardless of which side of the road he was on.

stevieturbo

So where on the road did the accident occur ?


If the overtaking was was on the wrong side of the road, they are in the wrong 100%

BigChuck

how do you work that out?

if the road was clear when he started the overtake, and there was no road markings or signs prohibiting overtaking, then legaly he is doing nothing wrong. it is poor observation, and bad driving, but he would have right of way. "give way" signs mean just that, give way to vehicles already travelling on the road, regardless of direction or lane.

Iain Mac

Absolute 100% nonsense.

On that basis, we'd only need to look right when pulling out of a junction.

Give way to traffic already on the road is the rule.

langer

iTrader: (1)

Is the highway code not law like?

saph4be

I give up with her she decided she was was parked on side off road and was being let out a parking space

furry

your friend i'm affraid.

they were still entering the road from a junction, where as the TP that hit her was already established on the main road.

Iain Mac

No, but it does include some points of law - these use the word MUST in bold. Failing to observe the code, while not in itself an offence, may be taken as evidence of 'driving without due care'.

Wouldn't matter. She was joining the carriageway and whether that is from a side road or a parked position, she should have waited till the road was clear for her manoeuvre.

Darylc.

iTrader: (1)

Not unless it states so, otherwise it's just guidelines.

I've got the highway code next to me now and it says:

The ones that are a law are shown by the "MUST/MUST NOT" above it.All others are guidelines

foreigneRS

who cares who a load of random people on a forum thinks is at fault - the insurance companies or a court will decide

Psycho Warren

iTrader: (5)

foriegnrs is right.....

although often the insurers will fuck you over even if you 100% believe you are right as its often cheaper for them to go 50/50 or similar rather than have aexpensive case to determine liability.

BRIGSPORT

iTrader: (2)

You seem to be really angry at the moment. Everything ok?

foreigneRS

fine, thanks mate

it wasn't meant in an angry way, just saying that it's a bit pointless people arguing and counter-arguing over it when it won't actually help the OP in the end anyway.

Rick Astley

I think this accident is Foreigners fault!!

dojj

iTrader: (3)

i think you are confusing "accidents" and "immigration"

foreigneRS

quite probably

BRIGSPORT

iTrader: (2)

How is the chiller world treating you?

foreigneRS

not in the refrigeration world anymore, i've been in the fuel cell world for the last 2.5 years and it's brilliant. working on stuff for the future is dead exciting

vaughant

iTrader: (1)

My old girl was in a similar situation a few years back,guy indicated to pull in to the left and she went to overtake but the stupid twat was pulling left to swing right round and doing a sort of u turn where he clipped her back end.
He tried blaming her for overtaking him when he was turning right but she argued that there was no place for him to go hence he must have been doing a u turn.

It went 50/50 in the end,albeit differing circumstances.

I'd personally say her fault in the main for pulling onto a main road as the driver on said main road should always have right of way IMO.

She should say she was flashed out and the other driver "aggressively" overtook the car letting her out and hence has some responsibility.

Not 100% sure it'll help her but you never know.

Did the guy who flashed her out stop so he can be used as a witness?

If not she's royally FUBARED.