Car accident - who's at fault?

Lum

Looks to me like even in ideal circumstances visibility is only 150 meters. Probably a lot less once you add parked cars.

In that situation, traffic on the main road doesn't have a huge forward visibility either and should certainly not be doing 45mph, especially not on a downhill. IMO.

jeanmd

Chippy_Minton wrote: »

She should sit there until you get the answer you want.

:rotfl::rotfl::rotfl:
I'll hold my hand up and give in.
I may have not asked the right Questions in the first place. Which is why if you are driving correctly and someone else is speeding are you at fault when they hit you!

jeanmd

Lum wrote: »

Looks to me like even in ideal circumstances visibility is only 150 meters. Probably a lot less once you add parked cars.

In that situation, traffic on the main road doesn't have a huge forward visibility either and should certainly not be doing 45mph, especially not on a downhill. IMO.

Visibility is about 400ft, we have a lot of speeding traffic down here.

There's a bridge further down the hill on a bend had cars go straight through the thick stone walls on more then one occasion because of the speed. I really don't know why we don't have traffic calming in place yet.

boliston

jeanmd wrote: »

..... I really don't know why we don't have traffic calming in place yet.

If they offer speed humps I'd remember that they can have a bad effect on people living nearby, even if they do reduce speed. Remember the story about the builder who removed a hump outside his house due to the constant vibrations of vehicles passing over the hump?

http://www.telegraph.co.uk/news/1443145/Speed-hump-digger-guilty.html

Chippy_Minton_2

jeanmd wrote: »

:rotfl::rotfl::rotfl:
I'll hold my hand up and give in.
I may have not asked the right Questions in the first place. Which is why if you are driving correctly and someone else is speeding are you at fault when they hit you!

If you pull out of a side road in front of them, then YES.

magpiecottage

Inactive wrote: »

Good job it wasn't an emergency vehicle then.

A driver pulling out of a side road should be 100% certain that it is safe to emerge, the speed of the other vehicle isn't really the important factor here.

If that were true, nobody could EVER pull out out of a side road.

In this case, the other vehicle came only came round the corner AFTER she had started to emerge. If she had simply been driving at the speed limit he would still have hit her.

The driver of an emergency vehicle is excused observing speed limits and traffic lights but it is their responsibility to ensure it is safe to do so, not everybody else's.

If they are involved in an accident then they will (or used to) be referred to the DPP as a matter of course.

Chippy_Minton_2

magpiecottage wrote: »

If they are involved in an accident then they will (or used to) be referred to the DPP as a matter of course.

Not any longer, how far you going back?

magpiecottage

1988

Maybe they've decided it is too expensive now.

Chippy_Minton_2

magpiecottage wrote: »

1988

Maybe they've decided it is too expensive now.

The DPP won't even look at expenses claims from MP's.:rotfl:

Dr.Shoe_2

magpiecottage wrote: »

I'm afraid I must disagree - my mother pulled out of a side road and was hit by a speeding vehicle about 20 years ago and won.

The argument was that the other driver was going so fast that it was unreasonable to expect her to anticipate it.

Inactive wrote: »

Good job it wasn't an emergency vehicle then.

A driver pulling out of a side road should be 100% certain that it is safe to emerge, the speed of the other vehicle isn't really the important factor here.

If the other driver was driving unlawfully then it has to be his fault. What if he'd killed a child crossing the road would it have been the kid's fault? If he couldn't stop in time to prevent hitting a car that was going in the same direction and accelerating what chance would a pedestrian have had?

I suspect that the OP's DIL thought that it was 100% safe to pull out. The other driver admitted liability and confessed to being significantly over the speed limit.