Car accident - who's at fault?

Inactive

Proc wrote: »

Drivers that think they are safe, but are actually very bad (like OP's DiL) actually worry me more than people who admit to being a bit wreckless from time to time.

Indeed, a " safe driver " that has pulled out of a junction in to the path of another vehicle and it is thought to be on OK thing to do.:(

jeanmd

Inactive wrote: »

Obviously not.;)

A driver joining a major road has a duty to ensure that it is safe to proceed before committing themselves to emerging, sadly your DIL did not do that.

It's not a major road, it's the old main road through a village if that makes sense. The village now has a 'major' road going through the outskirts. The roads that are national speed limit around here are old country roads where it's hard to drive safe above 45 m/h, but idiots still try for the national speed.
As she was already over the centre white line and he was quite far away any normal person would have carried the maneuver through. The only reason there was an accident was because of his high speed and the fact he couldn't control the car.

Proc

jeanmd wrote: »

It's not a major road, it's the old main road through a village if that makes sense.

Major, minor, somewhere inbetween. Doesn't really matter. Pulling from one road onto another, from a T-Junction.

, but idiots still try for the national speed.

Are these the same idiots who pull out in front of other cars?

pwllbwdr

jeanmd wrote: »

It's not a major road, it's the old main road through a village if that makes sense. The village now has a 'major' road going through the outskirts. The roads that are national speed limit around here are old country roads where it's hard to drive safe above 45 m/h, but idiots still try for the national speed.
As she was already over the centre white line and he was quite far away any normal person would have carried the maneuver through. The only reason there was an accident was because of his high speed and the fact he couldn't control the car.

Which side of the road was the rear end of the Ovlov when the other car hit it?

Inactive

jeanmd wrote: »

It's not a major road, it's the old main road through a village if that makes sense. The village now has a 'major' road going through the outskirts. The roads that are national speed limit around here are old country roads where it's hard to drive safe above 45 m/h, but idiots still try for the national speed.
As she was already over the centre white line and he was quite far away any normal person would have carried the maneuver through. The only reason there was an accident was because of his high speed and the fact he couldn't control the car.

It is the main road, ( major road ) your DiL pulled out of a T junction without giving way to the driver on the main road.

The speed of the driver on the main road is not the important factor here.

It was you DiL's duty to ensure it was safe to emerge. end of.

I suggest she gets a copy of the Highway Code for reference.

jeanmd

pwllbwdr wrote: »

Which side of the road was the rear end of the Ovlov when the other car hit it?

She was almost across the white line, her wheels were over the line and she had almost completed the turn. He had lost control and had crossed the white line a couple of times whilst braking. He literally just clipped her back bumper on the corner, but still continued back across the road, over the pavement, jumped the foot high wall without touching it the continued about 15 foot across the grass and into a bush. If he had been driving properly he would have easily been able to drive behind her. In fact she would have been going up the road not at the point of impact.

jeanmd

Makes me wonder how long you should sit there before pulling out when the road is clear of other vehicles, just in case someone decides to speed and crash into you.

exup

Generally if you pull out infront of someone from a side road and they hit you - then you are at fault, regardless of the speed they are doing.
The only times that it wouldnt be is if:
The other vehicle was proved to be speeding and could not be seen before the manoevure took place, i.e. from around a corner - even emergency vehicles could have this problem as they still cant hurtle around a corner with no regard to what it around it.

Unfortunately saying you didn't see someone before you pulled out may not be sufficient which is where witnesses come in - Also a driver at the scene holding his hands up saying "yeah my fault" may not be considered either, even if witnesses heard him say it. Ive been witness to accidents where police where present and heard a person admit liability and this was later ignored (although other factors proved it)

Lum

exup wrote: »

Generally if you pull out infront of someone from a side road and they hit you - then you are at fault, regardless of the speed they are doing.
The only times that it wouldnt be is if:
The other vehicle was proved to be speeding and could not be seen before the manoevure took place, i.e. from around a corner - even emergency vehicles could have this problem as they still cant hurtle around a corner with no regard to what it around it.

This is the key point, and what I suspect may have been the case here, particularly if the main road was not straight.

Google maps link to road needed I think, otherwise everyone is just making assumptions.

System

jeanmd wrote: »

She was almost across the white line, her wheels were over the line and she had almost completed the turn.

So she hadn't even completed the manoeuvre even though she had 'put her foot down'?
Definitely a total misread of the road situation and the DiLs fault.