Car accident - 50:50? - Wilbs28
Hey just looking for some advice if possible. I was involved in a car accident on Wednesday. A car hit a stationery van, spun out into my lane (right hand lane of dual carriage) where I then collided with the car. I have dash cam footage showing the car spinning across into my lane. I was travelling at around 65mph at the time so not speeding and the road was wet so stopping distance was greater than average. Driver of the car who hit the van has admitted liability for that accident but not mine. Does anyone know what happens next? No witnesses at the scene, no cctv and the police are not able to apportion blame though they collected statements at the scene. Thank you in advance.
Car accident - 50:50? - bathtub tom

I'd say 100% other driver. You have dashcam evidence, submit it to your insurers.

Car accident - 50:50? - Brit_in_Germany

It would depend on the circumstances. Without video footage or witnesses, more than likely the blame would be placed squarely on the other driver. If the dashcam footage shows that a reasonable driver would have braked in time, some of the blame would lie on the other driver but not all.

Car accident - 50:50? - Wilbs28
Thank you - the dash cam footage shows that the driver at fault swerved to hit the van before spinning fully into the right hand lane. From hitting the van to stopping in the lane there is around 2-4 seconds. This would not be reasonable reaction time to come to a stop before the collision particularly as the road was wet.
Car accident - 50:50? - RT
Thank you - the dash cam footage shows that the driver at fault swerved to hit the van before spinning fully into the right hand lane. From hitting the van to stopping in the lane there is around 2-4 seconds. This would not be reasonable reaction time to come to a stop before the collision particularly as the road was wet.

The road being wet does impose a requirement on you to allow more distance because of the conditions - but whether you've allowed enough isn't clear - submit the dashcam footage to your insurer and be guided by them.

Car accident - 50:50? - Xileno

Make sure you keep a copy of the footage.

Car accident - 50:50? - Wilbs28
is that not for cases where the car is already in your lane? I don’t know how it can be applied to cars who spin into your lane as how can you leave a stopping distance for them?
Car accident - 50:50? - Bromptonaut
is that not for cases where the car is already in your lane? I don’t know how it can be applied to cars who spin into your lane as how can you leave a stopping distance for them?

If he set himself into a spin by a late/violent manoeuvre to avoid a van, and he's already accepted responsibility for that, then I think he'll struggle to avoid being held liable for impact with you too.

You have dashcam footage which should give a reasonable account of whether you were too fast for conditions or failed to brake in time.

Car accident - 50:50? - Andrew-T
This would not be reasonable reaction time to come to a stop before the collision particularly as the road was wet.

We don't know where this happened, but as it was last Wednesday might the road have also been icy ?

Car accident - 50:50? - Brit_in_Germany

While the highway code gives a reaction time of 2/3 second, research suggests the actual figure is twice that.

www.iam-bristol.org.uk/index.php/articles/673-stop...e

At 70 mph, the braking phase would be another 3 seconds, so your 4 seconds between the accident and the collision seems to be within normal reaction times, ignoring the wet road.

Car accident - 50:50? - Cris_on_the_gas

A lot will depend on what your dash cam has recorded.

If you were not following at a safe distance behind the other vehicles that will count against you. Was it possible for you (as captured by dash cam) to have seen the other vehicle and parked van prior to impact. The law will say that as a careful and competence driver could you have avoided the collision.

From what you have said you were driving at 65 mph on a cold and possible wet road at night. A safe following distance would be at least 4 seconds. Without seeing the dash cam footage hard to tell but from information given seems likely you were following to close behind the other vehicle and this is the basis of the other drivers account.

Car accident - 50:50? - Brit_in_Germany

To me, it appears that the OP was in the outer lane while the accident was in the inner lane. No reason to think that they might have been 'following too close behind'.

Car accident - 50:50? - Wilbs28
Yes this is correct there were no cars in my lane prior to the accident. It was day time and although I saw the parked van I had no reason to adjust my driving other than slow down. My maximum speed during my whole drive was 66mph, I’ve checked my app. The driver in tbe left lane swerved to avoid hitting the van head on. This probably saved their life thankfully but meant it ended up out of control in my lane. A competent driver would not I believe have allowed the at fault car in front of them as it could have caused further accidents to build up behind (which did happen anyway!)
Car accident - 50:50? - Cris_on_the_gas

It was day time and although I saw the parked van I had no reason to adjust my driving other than slow down.

I would keep quiet about that !

Next time I would slow down a lot more or stop

Car accident - 50:50? - sammy1

Did the parked van have its lights on. If so it could be argued that you should have seen the van and the car and perhaps anticipated a car pulling out in front of you. Driving at night in poor conditions is something I do not like, For the car to hit the stationary van and spin out in front of you the driver must have lost concentration, have poor eye site or going too fast. I think that you would have priority in the outside lane and the driver who caused the accident should have slowed to let you complete the overtake. You are at fault these days just by being there!!! At night on a dual carriageway overtaking is always more stressful especially on unlit roads and greater care is needed.

Car accident - 50:50? - galileo

Did the parked van have its lights on. If so it could be argued that you should have seen the van and the car and perhaps anticipated a car pulling out in front of you. Driving at night in poor conditions is something I do not like, For the car to hit the stationary van and spin out in front of you the driver must have lost concentration, have poor eye site or going too fast. I think that you would have priority in the outside lane and the driver who caused the accident should have slowed to let you complete the overtake. You are at fault these days just by being there!!! At night on a dual carriageway overtaking is always more stressful especially on unlit roads and greater care is needed.

The OP has stated above that it was daytime, not at night. See the post above timed at 12.02

Car accident - 50:50? - Adampr

You'll probably get more sensible answers if you're avle to upload a video to YouTube and share the link here. In the face of it, I can't really see how this could be your fault. As others have said, send the footage to your insurer and let them deal with it

Car accident - 50:50 (update) - Wilbs28
Just to let everyone know the other driver admitted fault. Thanks for the replies! Will head over for advice on which car to go for next.