Hypothetical Accident, who would be to blame

Stoke

Yesterday driving home from work, I saw a very very near miss between a BMW X5 and a Fiat Punto and I just wondered who would be in the wrong in this situation:

There was an ambulance coming from behind, so I, and everyone in front moved over to the left hand side of the road, as you do, to allow the ambulance past. Immediately behind the ambulance (we're talking under a second, if that) following the path, driving down the middle of the road, although slightly to the left of it, was a BMW X5. I spotted the X5 in the corner of my eye and decided the guy was a 'ducking banker' and decided not to move, he, like the ambulance was moving pretty quickly.

However the Punto in front DID move once the ambulance was past and was genuinely inches away from hitting side on with the BMW X5 which, on a single carriage road, was now pretty much in the middle while the Punto was in the left lane close to the curb. Both individuals operated their horns liberally and decided to stop and argue through the windows for about 5 seconds.

So, if the two vehicles had hit, who would be in the wrong? My first instinct would be the BMW, because it's 'dangerous driving' right? There's no way you can legally drive down the middle of the road like that surely? However as the Punto has pulled out on a moving vehicle and the rules state you should check your mirrors yes, does that make him 'driving without due care and attention' as well?

Can you legally take advantage of the right of way we give to emergency vehicles by using them for overtaking maneuvers?

Or would it be 50/50?

cootuk

Blame on both vehicles - there could have been other emergency vehicles behind the ambulance so lack of observation from the Punto.
Major blame on the X5 for following the ambulance through - even if you are related to the person inside the ambulance, you have no right to drive like that (unless commandeered by the police?) - even then, with no visible warning markers, you just wouldn't drive like the Sweeney. They could probably be done for either speeding (if over 30mph in a 30 zone for example), or driving without due care.

Stoke

cootuk wrote: »

Blame on both vehicles - there could have been other emergency vehicles behind the ambulance so lack of observation from the Punto.
Major blame on the X5 for following the ambulance through - even if you are related to the person inside the ambulance, you have no right to drive like that (unless commandeered by the police?) - even then, with no visible warning markers, you just wouldn't drive like the Sweeney. They could probably be done for either speeding (if over 30mph in a 30 zone for example), or driving without due care.

I don't think the person driving the X5 was related to the individual in the ambulance as like I said, he decided to have an argument with the guy in the Punto after the ambulance entered the roundabout just ahead.

It was a 30 zone and he was definitely going faster than the speed limit but I couldn't see him getting done for that.

Surely most of the blame lies on the X5's shoulders?

InsideInsurance

It is most likely a split liability situation, the exact split would require leg work to identify relevant case law as the cases that all come to mind is where the other vehicle is pulling out to turn right into a side road or to overtake themselves rather than just returning to the normal driving position on the carriageway

You would also need to hear both version of events if there were no independant witnesses. Wouldnt be too surprised if the X5 said that he was progressing past parked cars when one decided to pull out without indicating or looking

IamNotAllowedToUseMyName

X5 could be considered to be driving without due consideration to other road users. Examples of this include simply using the wrong lane to gain an advantage.

I know that it tends to be fairly chaotic after an emergency vehicle has passed through and I would consider the X5 to be mostly to blame, but as others have said the Punto has to be partially to blame as another emergency vehicle could have legitimately been driving behind.

Rolandtheroadie

I'll go with majority of blame on the punto. They pulled away from the side of the road without checking it was clear.

OnanTheBarbarian

Punto at fault as far as I am concerned.

googler

Did the window argument take place farther down the road, or did the BMW manage to stop side-by-side with the Punto, thus blocking it from moving off?

Stoke

OnanTheBarbarian wrote: »

Punto at fault as far as I am concerned.

You sound more convinced than the rest of us. Why exactly? Let me remind you that the X5 was driving down the middle of the road at all times, so half of his vehicle was on the wrong side of the road.

To me, the Punto is at fault for not looking, but the X5 must shoulder some/most of the blame.

Stoke

googler wrote: »

Did the window argument take place farther down the road, or did the BMW manage to stop side-by-side with the Punto, thus blocking it from moving off?

If you can imagine a slightly curved road with a roundabout right ahead, there were two vehicles in front of me, the Punto and something else. The ambulance goes past me and the Punto and was quickly followed by the BMW. As the BMW went past me the Punto had moved out at which point the BMW slammed his horn on and moved further into the other lane. Both vehicles stopped at the roundabout and rowed at the entrance to that roundabout. If another car had been coming round the roundabout and wanted to enter the road I was on, it would have had a rather large BMW taking up part of their road. I'll draw a quick diagram on paint.

scaredofdebt

Both at fault, not sure if it's 50/50 but X5 driver should have expected vehicles to be driving off after letting the emergency vehicle pass.

Punto driver should have looked.

Sounds like the X5 driver was possibly speeding, possibly using the emergency vehicle to make progress but without knowing the full facts I'd got for 50/50. It's more the Punto drivers fault the further back the X5 was from the ambulance and the slower he was going, as I say you'd need the full facts to make a judgement.

Ambulance chasers eh?