who's in the wrong in this accident? - stranger
hi there

i'm just wondering what you guys think of this.

I was invovled in an accident this is what happened,

i was coming to a T junction wishing to turn right onto a busy main road.
I checked both the right and left. As i looked to my right i see a Bus coming about
100 meters away. So i edged foward to the white dotted line, thus blocking
all traffic coming from my right but he was a fair distance away and can see i have pulled out.

The car on the left slowed down so i was ready to go (turning right) and join that traffic.
The next thing i know is the bus and i have made contact and my car was written off.

the bus did not hit the side of my car as i did not pull out infront of him, instead the front of my car.
He had not stopped and carried on by moving to the wrong side of the road as he wished to carry on and not let me get
through.

i hope that makes sense

who was in the wrong there, i'm a bit unsure?

cheers.

who's in the wrong in this accident? - Altea Ego
You may not like this opinion, but you are in the wrong. You entered a main road. You had no right of way.
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< Ulla>
who's in the wrong in this accident? - FP
AE is right up to a point, IMO. The OP did not have right of way. But, as I understand it, even if you are the wronged party, you have a duty to avoid a collision. The bus driver compounded the problem by driving on the wrong side of the road and still managing to hit the OP's car.

From the facts given, most of the blame lies with the OP, but some with the bus driver, who could and should have prevented the collision by coming to a halt before hitting the OP's car.
who's in the wrong in this accident? - Avant
I'm afraid it's you: the bus driver had the right of way as he was on the main road. 100 metres isn't what I'd call a 'fair distance away' and he won't have had enough time to stop, particularly as he might have assumed that you were going to pull away from that position.

I don't quite understand your saying that you pulled out far enough to 'block all traffic coming from my right' but that you didn't pull out in front of him.

Edited by Avant on 17/12/2007 at 20:57

who's in the wrong in this accident? - stranger
i mean i didn't pull out staight infront of him in a rush, not at all. i was already blocking the right side of traffic and was stationairy before he got to me.

the traffic was slow i must say.

just want to point out i'm not defending myself, just being honest and hope the understanding of the situation is clear. Very greatful for your help.

cheers.
who's in the wrong in this accident? - tack
You are going to have a very big problem trying to show that the bus driver was at fault. The bus driver may say that you pulled out in front of him from 10 meters away.....how are you going to show otherwise? I know that some people get a beef about people pulling out even when hundreds of yards away and pull right up to your car, making the well known finger shuffle motion

Were police called? any allegations made by you or bus driver?

In the final analysis, I think you'll be be lucky a) not to be prosecuted b) to get sympathetic hearing from insurance company.

Sorry
who's in the wrong in this accident? - stranger
prosecuted? what do you mean?

the police did arrive but they did not do much apart from breath test us both. No it was all clam and friendly experince. i do not think any witnesses stayed either.

if i loose my NCB and pay out an excess i'm okay with that, things are just to be.

Just want to see the overall understanding of it all from other people, as i cannot seem to find anything on it.

ha ha, yes a lot of ppl do pull up lose to your car and give the finger or horn but that didn't happen he went to the otherside of the road and went to go around me by going infront.

agh well, i can see the way it's going to be, i might be the fault then

thanks everyone
who's in the wrong in this accident? - Red Baron
Is that really what happened?

What if...

In front of the bus that was approaching from the right there was a car. This car indicated to turn into the road that you were exiting. The car duely slowed right down and turned in. You used this opportunity to turn right. The bus driver thought that he would be clever and rather than slow down as the car turned left infront of him, pulled out into opposite lane so as to overtake. In the meantime you were already there.

Appears that you may have been on the correct side of the road and the bus was not.

Perhaps the bus driver was at fault...
who's in the wrong in this accident? - Peter D
You said "So i edged foward to the white dotted line, thus blocking
all traffic" but it appears you pulled out over the lines to block the traffic from the right. It appears you are liable and you caused the accident. Regards Peter
who's in the wrong in this accident? - Fullchat
So what did the bus driver say???
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Fullchat
who's in the wrong in this accident? - L'escargot
if i loose my NCB and pay out an excess i'm okay with that .........


In that case, claim on your insurance and then in the future be careful and try to get up to the maximum NCD and pay the extra to get it protected. It's well worth it.
who's in the wrong in this accident? - FotheringtonThomas
A very similar enquiry to this was made a while ago (6 months?).
who's in the wrong in this accident? - grumpyscot
We shouldn't forget that (albeit that we all hate buses) the driver has a duty of care to his passengers, and especially if he had some standing passengers, he would be aware that an emergency or quick stop might harm passengers who were not holding on tightly.

I would not be surprised at all if that was his defence and why he took avoiding action by veering to the opposite carriageway.

who's in the wrong in this accident? - Bilboman
I think we all know which way this case is going.
Stranger, you've got the devil of a job to persuade an insurance company (read: judge or jury) that you weren't in the wrong place at the wrong time. Had you been half across the road minutes before and had the bus driver failed to see you, different outcome. From what you say, you pulled out of a side road and there was nothing from the bus driver's actions that suggested he intended you to pull out as and when you did.
The problem with eyewitness accounts, photographs, diagrams etc. is that it is impossible to show the timing of events - on paper, it's a car entering a junction "inappropriately" and the bus inevitably hit the car.
If you can obtain CCTV footage from somewhere (The UK has more surveillance than any other country in the world - try nearby shops, traffic surveillance cameras, etc!) you may get a reduction of blame on the basis of contributory negligence, but don't hold your breath!
Best of luck!
who's in the wrong in this accident? - Nsar
Were you stationary at the time? If so how long had you been stopped in the carriageway?
who's in the wrong in this accident? - daveyjp
Our local buses have forward facing CCTV to record such incidents due to an increasing number of false accident claims against buses.
who's in the wrong in this accident? - Cliff Pope
What happened to the car on the left that was slowing down to let you in? Why didn't the bus run straight into him as it pulled over onto the wrong side of the road?
who's in the wrong in this accident? - normd2
sounds to me like you were both in the wrong; you for pulling out onto a main road when you couldn't go anywhere and the bus driver for being pig-headed enough not to have just given way - your impatience and his pride caused this one.
who's in the wrong in this accident? - ForumNeedsModerating
the bus did not hit the side of my car as i did not pull out infront of him, instead the front of my car. He had not stopped and carried on by moving to the wrong side of the road as he wished to carry on and not let me get through.

If I understand it: the bus driver was in the opposite (oncoming to him) carraigeway & was attempting to drive around you? You were, presumably, blocking 'his' side of the carraigeway? If that's the case it seems overwhelmingly the bus driver's fault. He had the option of letting you continue, but chose to attempt a most unorthodox (if not highly unsafe) manoeuvre - in fact, the bus driver seems almost to be driving without due care from your description. The bus driver's manoeuvre sounds premeditated & not like an emergency manoeuvre.

.. thus blocking all traffic coming from my right but he was a fair distance away and can see i have pulled out...

If you were in 'position' across the half the carraigeway & were being given road by the drver coming from the left, it seems to me (especially as you state the bus was ~100m away at that point) you have the road space in accordance traffic & driving regulations.

Make a diagram of the collision point (did you get a witness/police report number?) & the events leading up to it & submit to your insurance company.
who's in the wrong in this accident? - Altea Ego
> you have the road space in accordance traffic & driving regulations.

What regulation is this? what is "road space"?

genuine query.
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< Ulla>
who's in the wrong in this accident? - ForumNeedsModerating
What regulation is this? what is "road space"?

Road position. The same rules apply when you occupy any space that another vehicle would 'like' - if you get to it before them without causing that vehicle to alter speed or direction.

Watch a London cabbie crossing or emerging from a busy junction when both lanes are never empty (or free to enter) simultaneously - the driver 'blocks' the open lane & waits for a gap in the occupied lane. All quite legal & not proscribed by highway code or traffic law.

From the OP's description, that's excactly what he/she was doing.
who's in the wrong in this accident? - Altea Ego
Yes I underdstand the theory, and indeed practise it myslef, In london you wouldn't get anywhere without using it. I am more interested in the legal bit. Is it really legal to pull out and occupy half a lane? I always understood that to be legally naughty.
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< Ulla>
who's in the wrong in this accident? - Alby Back
I reckon there is an additional dynamic here. I think it is also culturally functional of what you are driving, regardless of the legality. I found the "best" city car was my ratty old Defender, you could get away with murder in that ! I guess no one felt like testing the strength of their body panels against it. Conversely, when I drove a 5 series it really was the case that no one gave you any quarter, apparently on principle. Nowadays, in the Mondeo estate I appear to be invisible to all and have to drive accordingly.
who's in the wrong in this accident? - ForumNeedsModerating
I always understood that to be legally naughty.

It probably is in respect to 'obstruction' - just as recent thread(s) note that any parking on a public highway is technically obstruction - although tolerated.

I think the 'legal' bit really comes into force if you drive in such a manner as to cause the other vehicle to have to brake or alter direction before you're stationary & in position & clearly carrying out a legal manoeuvre. It's all about degrees imo - it would be unreasonable to dart out & screech to halt in the path of another vehicle (not to say suicidal!) & 'claim' the road, just as it would be (at the other extreme) if a following driver rammed you up the jacksie if you were driving at 40mph & they were driving at 60mph, since you were in their 'way'.
who's in the wrong in this accident? - movilogo
Sometime back in this very forum a former bus driver wrote that they often decide to hit a car - as they prefer hitting one motorist than getting lawsuits from several passengers following an emergency stop!
who's in the wrong in this accident? - Lud
Is it really
legal to pull out and occupy half a lane? I always understood that to be
legally naughty.


On an A road with stuff scuttling along at 60 it is far from wise, AE, but as you say yourself it is a perfectly safe and normal manoeuvre in London, used by all but provincial mice who shouldn't venture into the Metropolis without a chauffeur. The 30% of yobbos and idiots apart, someone in the other lane will soon back off and flash to allow the manoeuvre to be completed with minimum disruption to the traffic flow.

From the OP's description this is all he was doing. Sounds to me as if the bus driver was at fault, despite the rush to judgement above. Like HGV drivers bus drivers are perforce pretty good, but they aren't perfect.
who's in the wrong in this accident? - Cliff Pope
> you have the road space in accordance traffic & driving regulations.
What regulation is this? what is "road space"?

>>>>

I think the poster is saying, if your exit is clear, you may proceed as long as you do not cause another vehicle to have to slow unreasonably. The contention here is that the OP's exit was clear, because the driver coming from the left on the opposite carriageway was preparing to let him in.

But I am still intrigued to know why the bus didn't collide with the other car, as it appears to have been head on on the wrong side of the road.
who's in the wrong in this accident? - KMO
Someone had a near miss in a similar situation with me the other week.

I was on the main carriageway, and had stopped to let someone pull out and turn right from a side-road on the left. In this case, it was because I was wanting to turn left into the side-road, and the side-road was single-track so I had to wait for the car to come out.

Some nutcase decided it would be a good idea to overtake me and went around me on my right (at some speed) just as the car from the side road turned right around me. Very nearly a head-on collision - fortunately the car pulling out slowed enough, and the overtaker had an oncoming bus lane to veer right into.

Extremely dim driving from the overtaker - I can't imagine why he thought I was stopped indicating left - I was in mid-lane, outside a cycle lane, so I obviously wasn't parked.

In that case, I would certainly have put the majority of the blame on the overtaker, but arguably the person pulling out should have been paying attention - even for the possibility of vehicles in the wrong lane.

Interestingly, if the car pulling out had done what the OP did - pulled out half-way to the lane divider, rather than waiting for my oncoming lane to clear, it might not have happened, as the overtaker should have seen him.
who's in the wrong in this accident? - Nsar
I read it that the OP had crossed over the give way line, blocking traffic from right. Car coming from left sees this and kindly slows to a halt to allow the OP in, but before the OP can complete the right turn, the bus is upon him and hit his front at an angle. I'm guessing that car from left that has come to a stop, did so sufficiently far back that the bus could return to the "right" side of the road.

The key to it is how safe was the OP's decision to cross into the path of the bus? If the bus was way into the distance or stopped, then moving in front of it isn't a big risk as the whole move is likely to be completed before the bus reaches him. If the bus is doing 30mph and is 100m away when he makes his move then his decision is a bad one as it's obvious the bus is going to have to brake smartly or move out of the way.
who's in the wrong in this accident? - krs one
I was in an accident a bit like this shortly after I passed my test. While driving through a village I was momentarily distracted , then on looking back at the road ahead some chap had reversed out of his drive and was blocking the road in front . I managed to break an indicator and put a minor ding in his wheelarch. The blame was split 50/50 , I think the thought process was that the other driver shouldn't have pulled out on me , but also that I should have seen him in time to stop.
who's in the wrong in this accident? - Westpig
how about this for the scenario

bus driver sees car pull out and block his carriageway. Being large slow vehicle and wishing to keep his momentum up..throttles off a bit, but presumes car will fully pull out of his way before he gets there...unfortunately for all concerned, car can't/doesn't pull out of the way in the manner the bus expects, so bus has to take avoiding action, which isn't succesful.

which ever weay you look at it, the car driver is at fault, because although the bus driver should have had plenty of time to see the hazard (and therefore morally take action to prevent an accident), the car driver has made the hazard happen...and...the bus driver has right of way along the main road.
who's in the wrong in this accident? - oilrag
It seems, car driver at fault, but it took that particular bus driver to turn an incident into an accident.

I bet with 999 of of 1,000 bus drivers there would have been no accident.

Conclusion for the OP, `bad luck`.

Regards
who's in the wrong in this accident? - Cliff Pope
I think Westpig has probably hit the cause. That's the problem that often arises in today's crowded and fraught motoring situations - how much is it safe and reasonable to rely on events unfolding in what looks like a sensible interpretation of what is happening, or is the proper course to always assume the worst?

If someone pulls out ahead of you and looks as if he is going to gun it out of the way, should you carry on on that assumption, or do an emergency stop anyway just in case?
who's in the wrong in this accident? - ForumNeedsModerating
..which ever weay you look at it, the car driver is at fault, because although the bus driver should have had plenty of time to see the hazard (and therefore morally take action to prevent an accident), the car driver has made the hazard happen...and...the bus driver has right of way along the main road.

So, let me understand this: the bus driver can prevent the accident but gambles on the obstruction being cleared before he reaches it? If that logic or driving attitude were applied to any or more everyday driving situations, we wouldn't get beyond the bottom of our street most days without an accident of some magnitude!!

The bus driver's 'way' is blocked, his right is neither here nor there, it being a 'main road' is utterly irrelevant.
who's in the wrong in this accident? - L'escargot
Stranger you've got the devil of a job to persuade an insurance company (read: judge
or jury) that you weren't in the wrong place at the wrong time.


If stranger claims on his own insurance (as I suspect he intends to) how relevant is it as to who was in the wrong? This may sound provocative, but in fact it's a serious question.
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L\'escargot.
who's in the wrong in this accident? - Cliff Pope
but gambles on
the obstruction being cleared before he reaches it? If that logic or driving attitude were
applied to any or more everyday driving situations we wouldn't get beyond the bottom of
our street most days without an accident of some magnitude!! >>


That's my point. It may in many circumstances be as crude as a "gamble", but to a lesser extent it is a necessary feature of everyday driving we all do all the time.

I am driving along at a steady 40, and the car well ahead of me slows and indicates right. His way is clear, and I can see him beginning to turn. I realise that if he continues making the turn he will be well clear by the time I get there, so I merely ease off a bit and keep going. But he just MIGHT stop dead in the middle of the road. So should I have braked hard sooner, just in case?

who's in the wrong in this accident? - wotspur
there's a lot of hollier than you on here.

"100mtrs away, is not a great distance" - poppycock.
I often have to pull out in a similar fashion to join a main road (30MPH) and that distance is further than is visible, and the only time Ive ever had had a problem was a motorbike driving at well over 50.

I doubt there isn't one driver who has had to do this similar manouvre.
The one thing I didnt notice was was the type of main road it was and the applicable speed limit.
Logically, If it was a 60 zone, almost certainly 100 % your fault, if a 30mph, majority of the bus drivers fault. Legally probably will be counted against you.

At least you and the bus passengers were all unharmed
who's in the wrong in this accident? - ForumNeedsModerating
In reply to Cliff Pope, of course we do as you describe all the time - but don't we, just as habitually, make sure we can stop - just in case?
who's in the wrong in this accident? - OldSock
Quite so, Woodbines.

"But I had right of way" has often been proposed as a suitable gravestone epitaph....
who's in the wrong in this accident? - Cliff Pope
Yes, of course we do. All the time we make little assumptions about what other people are going to do, but just occasionally circumstances or the really odd behaviour of others causes collisions or worse. In this particular case the reasonableness of the OP's anticipation seems to hang on the speed limit - 30 or 60?

When you build up speed on a motorway slip road, you assume that the car doing 70 you are just going to filter in behind of, will keep going at 70. Not, as once happened to a friend, suddenly do an emergency stop for some reason.