My brother in law had an accident yesterday.
Arrived up the T of a T junction and sat in the middle of the road, not signalling, but probably looking like he was going to turn right. Then his wife said "we need to go left," which he did, without looking. Meanwhile, a car behind had filtered up the inside to turn left. The result? One badly dented rear nearside door on brother-in-law's car.
I'm in two minds about the blame. If he was looking like he was turning right, then the chap behind is entitled to undertake. However, as he wasn't signalling, did the bloke still have the right to do it? I don't have access to the Highway Code, so I can't refer to it. My question is, does the Highway Code say that you can undertake only if a car is *signalling* right?
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By and large you are responsible for what happens in front of you, unless someone does something really careless (and others are prepared to witness to that effect).
If the approach to the T was two lane and your brother in law was queueing to turn right (even without signalling), and suddenly switched - the other driver's claim is likely to succeed - particularly if someone witnessed it.
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My opinion on the accident for what its worth is this:
Your brother in law should have been signalling right at the junction anyway to tell other road users about what he was intending to do. The other bloke was maybe a bit naive in filtering up the inside of him, but he had obviously left quite a large gap to the left and to most people this would tell you that your brother in law wasn't intending to turn left. Then you said without looking your brother in law turned to the left which was careless to say the least. Remember the phrase 'mirror, signal manoevre' and that you should check the blind spot before you move off? This is one of the most basic road rules.
Sorry if this sounds harsh, but this is my honest opinion and it was your brother in law that drove into the other guy after all, and not the other way round.
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Sorry - It sounds distinctly like it was your brother-in-law's fault. Before making a manouvere it's wise to look where you're going! ;) I put this to an ex-traffic cop and he says definately your brother in law's fault. :(
Are the insurance companie's involved?
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The other driver actually did nothing wrong. It is quite acceptable to pass another vehicle on the left in certain circumstances, when it is stationary at a junction being one of them. After all, what would you have done in the same situation, just sat behind?
I would have said that the correct thing for the other driver to have done was give a warning toot on the horn before passing, but that is likely to provoke a punch in the mouth in this day and age. Great shame, 'cause the old klaxon could prevent many a collision but most drivers are scared to use it. I know I am most of the time.
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Agreed, Undertaking driver was well within his proverbials.
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At the end of the day, most insurance companies will blame the driver who was moving at the time, as the innocent party was sitting still, not many companies would pass the blame onto him, more likely the car that was moving at the time....
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Given that there's enough room for 2 cars side by side I think it's fair to say that your bil was indicating (no pun intended) that he was going to turn right. I think it's fair to say that if you were driving the other car you would definitely think it was your bil's fault for not looking.
A few years ago I was in the inside lane at the lights, my lane was straight on or left. The driver in the outside lane turned left into me when the lights went green. She claimed it was my fault, I really wish I could remember why she thought that.
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See what you think of this one that happened to me a few years ago:
My house on a main road (the bungalow next to the garage at the top of the hill in West Kirby if you know it!). Directly opposite my driveway is a side road joining the main road.
I am reversing out waiting for a gap. A kind gent in a Merc on my side of the road stops and flashes his lights. I reverse out, checking traffic coming the other way in case someone comes around the corner quickly. Bang, I collide with a car. Guess what, the guy waiting at the side road opposite had tried to take advantage and nip out before I did. Because I was looking up the road, not behind, I didn't see him.
He called that night threatening that I had better not say it was his fault (which had the opposite effect of course). It went Knock for Knock.
My fault or his?
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PB,
I'd have to agree on the knock for knock. Both of you had the responsibility of looking where you were going, even if you were reversing and checking for other traffic at the time.
We've all been there, however. Is there any backroomer who can claim never to have reversed into something? My best was when I backed into my own motorcycle, fortunately only breaking the number plate. And a large chunk of pride.
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