Car accident - who is at fault

Captaincodpiece

jayencee wrote: »

Can anyone advise who is at fault in the following situation?

Car A was driving along a road where up ahead car B had pulled out of a turning on the left and was waiting for the traffic to clear from the left in order to turn right into the road where car A was travelling. Car B was blocking the road on the side where car A was travelling. Instead of stopping, car A attempted to drive around car B into the path of oncoming traffic and collided with the front of car B causing damage. Is it driver A for failing to pay due care and attention or driver B for blocking the road?

Thanks

Has this actually happened?

maninthestreet

Ok OP - were you the driver of Car A or Car B??

Nodding_Donkey

I'm guessing they were car B otherwise the story would be. I was driving along the road (car a) when this idiot pulled out in front of me, I tried to avoid him but hit the front of his car.

i suspect the truth lies somewhere in the middle.

jayencee

It was my daughter in car b, had pulled out and was stationary for quite some time waiting for a gap in the traffic, car a was just too impatient and either had taken their eyes off the road & didn't see car b until too late, or was just too impatient to wait and thought they'd be clever and try to drive round. I wish the police had breathalyser the driver but they didn't seen interested

Retrogamer

If your daughter pulled out and the car had plenty of time to stop but chose not to then they may have caused the accident by trying to force around.

However, they will probably tell their insurance your daughter caused the accident by pulling out in front of him and the onus to prove this didn't happen given she was hanging out a give way, will be on her.

Captaincodpiece

Retrogamer wrote: »

If your daughter pulled out and the car had plenty of time to stop but chose not to then they may have caused the accident by trying to force around.

However, they will probably tell their insurance your daughter caused the accident by pulling out in front of him and the onus to prove this didn't happen given she was hanging out a give way, will be on her.

Best result for her maybe a 50/50 when you put it like that.

Captaincodpiece

jayencee wrote: »

It was my daughter in car b, had pulled out and was stationary for quite some time waiting for a gap in the traffic, car a was just too impatient and either had taken their eyes off the road & didn't see car b until too late, or was just too impatient to wait and thought they'd be clever and try to drive round. I wish the police had breathalyser the driver but they didn't seen interested

Why do you suspect he was !!!!ed?

jayencee

Because my daughter said he was slurring his words whilst he was shouting at her before the police arrived. Unfortunately for her, the witnesses in the cars behind her were too busy to give their details to be a witness for her although they said to her that they had seen what happened. Hopefully there is CCTV footage.

Captaincodpiece

jayencee wrote: »

Because my daughter said he was slurring his words whilst he was shouting at her before the police arrived. Unfortunately for her, the witnesses in the cars behind her were too busy to give their details to be a witness for her although they said to her that they had seen what happened. Hopefully there is CCTV footage.

And she told the police she thought he was drunk but they didn't do anything about it?

It's policy to breath test all drivers unless there's a good reason for not doing so in most forces.

Tilt

jayencee wrote: »

It was my daughter in car b, had pulled out and was stationary for quite some time waiting for a gap in the traffic, car a was just too impatient and either had taken their eyes off the road & didn't see car b until too late, or was just too impatient to wait and thought they'd be clever and try to drive round. I wish the police had breathalyser the driver but they didn't seen interested

Equally they may of considered issuing a FPN to your daughter for causing an unnecessary obstruction. Does she think that it is acceptable to block the road in those circumstances?

BUT obviously that dosn't mean that car A was not at fault for colliding with a stationary vehicle. In the absence of witnesses, I reckon the insurers will go 60/40 in favour of your daughter going on what you have said.