Where does the fault lie?

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Mon 29 Nov 2004 17:34
Where does the fault lie? - rhino
The scenario is thus:
Busy main road, traffic slow blocking the exit from a minor road. First vehicle is waiting to turn right out of the minor road and is allowed forward by a considerate driver. First vehicle edges out, checking for vehicles approaching from the left. Stops just short of centre line when second vehicle is spotted
Second vehicle (by all accounts driving in excess of the speed limit) coming from the left either panics or brakes (though no skid marks present) and ends up colliding with the REAR(!)nearside of the first vehicle, i.e. swerves onto the other side of the road.
Happened to our childminder this morning, no injuries thank godness despite three kids being in the car, although the r reg Rover 25 is probably a write off.
Now, if she'd been out onto the other carriageway, been moving and sustained front nearside damage, I'd have said this was down to her. But the second vehicle somehow manages to cross the road to have the accident; debris in the minor road confirms the point of impact.
Any views?
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Mon 29 Nov 2004 18:59
Where does the fault lie? - smokie
Not really, except he might well claim that she was moving rather than stationary and swerved to avoid where he *thought* she might be heading, but she clammed on the brakes so he hit her...

There must have been a witness or two to prove otherwise though?
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Mon 29 Nov 2004 20:28
Where does the fault lie? - Altea Ego
Almost always the situation is that the driver entering a major road from a minor road (specially if they had to cross giveway or halt markersto get there) is deemed to be at fault unless can be proven otherwise.
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Mon 29 Nov 2004 20:46
Where does the fault lie? - rhino
The thing about this one is that she'd stopped well in advance of the impact, and behind the centre line, albeit at an angle pointing where she wanted to exit.

The best guess is that the second vehicle was tanking along and assumed she was going to carry on coming out; the bizarre thing is that, instead of braking hard, or steering left away from the potential hazard, second went right and crosssed the carriageway.........crunch.
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Mon 29 Nov 2004 21:01
Where does the fault lie? - NowWheels
rhino, I know it's easy to be wise after the event, but it sounds like a situation which would have benefitted from the oft-repeated backroom advice to carry a disposable camera
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