I was in a minor accident who, is liable ?

harveybobbles

shaydoc wrote: »

Yes, that is correct

I've edited my post.

Spicy_McHaggis

shaydoc wrote: »

The curb corner is actually dipped, I turned left into the dipped corner first and had my nose on the road, the first vehicle approached very fast and braked hard, then turn in on me, narrowly missing me. He was not stopping even though I was technically in his way.

You do realise that the kerb is dipped to assist pedestrians rather than to allow vehicle access?

Whilst the footpath is part of the road, I do wonder if you have a legal right to cross it in order to park. There doesn't appear to be any dropped kerb allowing vehicle access to the parking spaces.

I don't think the third party will accept liability and your insurance may consider fighting it too hard.

shaydoc

harveybobbles wrote: »

So your car was parked on the end of that row of cars?

You wanted to turn your car 180 degrees and go up the side road as if passing the silver Merc in the pic?

IF so, the skip lorry would have thought you were parked badly and didnt realise you were pulling out.

I personally would have stopped, but blasted my horn to tell you how much of a knob you were for doing such a silly and dangerous manouvure.

:-), Easy on, I was waddling out carefully, when I was aggressively turn on by the first car braking hard prior to turning left, I was being as careful as I possibly could have,
but I wish it had have been you, as a good rollicking and a loud pamping would have been a preferable outcome for me!

Spicy_McHaggis

Strider590 wrote: »

I have to agree that as a driver entering the carriageway, the responsibility for ensuring its clear does lie with you......

However, either the other driver was asleep OR he had the opportunity to avoid the collision and instead chose to barge through regardless. In which case, it can be said that his action or inaction was a contributing factor.

Now i'll no doubt get flamed for this by the monkey spanking experts, but i'll put this into perspective.......

If your driving down the road at 30mph and a pedestrian is crossing 200 yards ahead, where there is no crossing facility, and you choose not to slow down, but to drive instead straight into the pedestrian without even trying to slow/stop, you would be held accountable because you could have avoiding the accident EVEN THOUGH the pedestrian had walked out into the road and disregarded traffic.

So in the case of your incident, if the driver had the chance to prevent a collision and chose instead to bully his way past, then there is IMO a split liability.

But in this case the skip lorry was turning left and had he hut a pedestrian would be 100% liable. The scenario you gave is therefore not the best example.

Strider590

Spicy_McHaggis wrote: »

But in this case the skip lorry was turning left and had he hut a pedestrian would be 100% liable. The scenario you gave is therefore not the best example.

No it's not a great example, it's simply the easiest to comprehend.

The point is that a driver having an accident that he could have avoided, actually puts some responsibility on the driver.

martinsurrey

shaydoc wrote: »

The curb corner is actually dipped, I turned left into the dipped corner first and had my nose on the road, the first vehicle approached very fast and braked hard, then turn in on me, narrowly missing me. He was not stopping even though I was technically in his way.

dipped for padestrians.

lets be clear here, you hit the lorry, the front of your car made contact with the side of the lorry.

you crossed a pavement, on a corner, and hit the side of a lorry as you pulled out.

cant see it going any way but your fault.

shaydoc

Spicy_McHaggis wrote: »

You do realise that the kerb is dipped to assist pedestrians rather than to allow vehicle access?

Whilst the footpath is part of the road, I do wonder if you have a legal right to cross it in order to park. There doesn't appear to be any dropped kerb allowing vehicle access to the parking spaces.

I don't think the third party will accept liability and your insurance may consider fighting it too hard.

Appreciate your measured response, it helps greatly. I realise the footpath is there for pedestrians, I think our office parking needs to be called into question on this basis, really not a good place to park I would agree now. As I was already edged out to move off, the approaching vehicles chose to just bully by me. Regardless of my position, the lorry driver actually, never thought about stopping, he said at first he didn't see me, then he said actually, he thought I was reversing (probably to avoid the first car ), but maybe just maybe he should have waited, because he had the time, and he chose not to take the time, even though he knew I was there!

bigjl

OP seems to be at fault.

shaydoc

bigjl wrote: »

OP seems to be at fault.

Excuse my ignorance, what do you mean by "OP" ?

bod1467

Original Poster - you in this case. (Or sometimes used for Original Post. Depends on context of how OP used).