Car accident! Whose fault?

  mingo 22:21 10 Dec 2008
Locked

Scenario: car waiting to pull out of T junction. Another car approaches along main road (travelling along the same side of the road as turning where the other car is waiting). The moving car is slowing and indicating to take that turning. The car waiting at T junction edges forward, gearing up to pull out. The indicating car continues straight past the turning and takes the nose off the car at the junction. How should the blame be distributed?

  GANDALF <|:-)> 22:25 10 Dec 2008

An indicator is just that and not an intention. The fault lies 100% with the person pulling out of the junction. It was their responsibility to ensure that the road was safe to enter. Life can be cruel at times.

G

  tullie 22:29 10 Dec 2008

Agree with Gandalf,its something that every driver is aware of.

  birdface 22:38 10 Dec 2008

Will agree with others.You don't pull out unless it is safe to do so.I think most of us have had the same problem with car indicators stuck on and the car carries on.I suppose there should be a law against it but I don't think that there is.Anyhow the other car driver will probably say that he or she never had the indicators on.

  rdave13 22:48 10 Dec 2008

Agree with the above answers but it's tough luck really.
Funny how indicators don't work on major roundabouts though?
Maybe the government should ban all yellow indicators on cars and let people fend for themselves. That would be fair then.

  spuds 23:49 10 Dec 2008

Agree with everyone else. The driver coming out of the 'T' junction would have to make sure about the 'actual intentions' of the oncoming vehicle.

  laurie53 07:10 11 Dec 2008

Police advise always await confirmation of an indicated intention.

That advice has saved my NCB on a number of occasions.

  jolorna 07:27 11 Dec 2008
  carver 08:22 11 Dec 2008

In a case such as this the person in the car waiting to emerge from the junction would need an independent witness to state that the car on the main road had started a process to turn into the side road.

If you had such a witness then the fault is on the other driver.

  Pine Man 08:41 11 Dec 2008

Depends whether it is a criminal or civil case. If it is a criminal case it's either guilty or not guilty in the view of the magistrates. In a civil case blame is apportioned on a percentage basis and in this scenario the indicating motorist will have some of the blame apportioned to him and his claim reduced accordingly.

  JanetO 10:53 11 Dec 2008

I had exactly the same senario a few years back, but luckily hesitated before pulling out and the car squeaked past, stopping by the kerb past the junction. Although technically and legally it would possibly have been my fault, it was bad driving practise on the part of the other driver.

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