Overtaking on a hatched area

Stratus

I witnessed a similar incident to what you describe although in my case it didn't quite lead to a collision. I was curious as to how liability would fall had the two cars actually collided and did quite a bit or research. Like you I initially thought there is an element of blame on both sides as the vehicle pulling out (your son) was doing so when it wasn't safer to do so and the driver overtaking on the main carriageway was overtaking at a junction (a general no no). It transpires that it is the driver that pulled out from the minor road that is held liable in these situations. Whilst I agree with your belief that the overtaking driver is culpable to a degree (it usually takes 2 to cause an accident) previous cases show that this is not how blame is apportioned.

motorguy

MARKA wrote: »

My son 26,was waiting at a junction for an oncoming car to turn left,as it did so my son pulled out as a car came round the bend and hit him head on.
Police were called by some neighbours and my son gave a statement.
The police officer said he was charging my son with driving with undue care and attention but in this instance would offer a driver awareness course,my son was unsure but when told by the officer if he challenged this it would go to court where he could be liable for a £3000 fine and 6 points on his licence.
My point here is that the overtaking driver overtook on a hatched area bordered by broken white lines,this protects a right turn further up the road this hatched area extends for some considerable distance both in advance of and to the rear of the junction my son pulled out of.
I feel the that my son has been dealt with harshly yet I'm at a loss as to tell him to challenge it in court as the other driver was equally culpable or bite the bullet and take the course?
Any thoughts anyone?

Take the course. It wont do him any harm and he wont win in court by saying the other driver was at fault too.

Quiet_Spark

motorguy wrote: »

Take the course. It wont do him any harm and he wont win in court by saying the other driver was at fault too.

^^^^^^
What he says


Even if the other driver was blind drunk, the OPs son is still at fault because he pulled in to the path of an approaching vehicle.

londonTiger

you can't win. Both will be found liabile. I suspect both parties were handed fines/points/awareness course and that's the end of it.

Awareness course is best solution IMO. Driver needs to be aware that they need to look and SEE before pulling out. I've had a few occasions where I had to overtake learner drivers and someone at a junction to the left did not see/expect me and they started to pull out - a few spotted me in time, others I had to beep at.

I suspect this happens a LOT with cyclists when they get "missed" by cars pulling out of juction and accident ensues.

tykesi

londonTiger wrote: »

I've had a few occasions where I had to overtake learner drivers and someone at a junction to the left did not see/expect me and they started to pull out...

Why are you attempting an overtake when approaching a junction?

System

If you have ever been in a suburban environment where junctions are about 100yds apart (every 5-6 houses) and you have been stuck behind a slow learner then you will understand. You have no option but to overtake near a junction because you can't escape them (the junctions)

sh0597

I was taught not to overtake across a junction unless you could see there were no cars waiting or approaching on that junction.


People don't expect a car to be on the wrong side of the road and might pull out.

BillJones

MARKA wrote: »

My son 26,was waiting at a junction for an oncoming car to turn left

This bit makes no sense. An oncoming car turning left does not pass in front of cars coming the other way. Do you mean that they were turning right, or are you based outside the UK?

matttye

OnanTheBarbarian wrote: »

Take the course, he probably would not win a trial at magistrates court and even if he did, any costs associated with defending yourself are not recoverable.

This is not true. Costs are recoverable at legal aid rates if you are acquitted or the prosecution discontinues the case / offers no evidence.

You would get some of your costs back, not all of them unless a solicitor was generous enough to represent you at legal aid rates, but private client work is often charged at 2-3 times legal aid rates. At least in my office.

almillar

You CAN enter a hatched white line area 'only if it is safe to do so' - the restriction would have been a solid white line, rather than the broken white lines described by OP.
I can't make sense of what happened either. Overtaking on a corner with a junction on with cars around it is certainly unsafe, but then the description makes no mention of anyone overtaking!