Accident; who's to blame?

Astronaughtwannabe

A will be held liable.

brat

A court would use the case of Another v Probert 1968 to find the driver of Car B guilty of careless driving IF he was indicating before the junction. Car A may also be guilty of careless driving if it was obvious that Car B was not turning.

It's almost inconceivable that Car A would pull out if Car B wasn't indicating before the junction.

Car_54

brat wrote: »

A court would use the case of Another v Probert 1968 to find the driver of Car B guilty of careless driving IF he was indicating before the junction. Car A may also be guilty of careless driving if it was obvious that Car B was not turning.

It's almost inconceivable that Car A would pull out if Car B wasn't indicating before the junction.

The question wasn't about courts, but about insurers. But if this was to end up in court it would be a civil case, so no-one would be found guilty of anything.

brat

Car_54 wrote: »

The question wasn't about courts, but about insurers. But if this was to end up in court it would be a civil case, so no-one would be found guilty of anything.

True, I'm offering a response from the criminal perspective of blame. Both are to blame to some degree, but there is no question that a car driver indicating then failing to turn must shoulder a significant proportion of blame, both civilly and criminally.

dacouch

brat wrote: »

It's almost inconceivable that Car A would pull out if Car B wasn't indicating before the junction.

If you ever had any dealings with minor motor claims you would realise it's very feasible and fairly common for people to pull out from junctions and cause accidents.

I frequently have people pull out on me from junctions, fortunately I'm very observant and don't speed so can stop without a collision

brat

dacouch wrote: »

If you ever had any dealings with minor motor claims you would realise it's very feasible and fairly common for people to pull out from junctions and cause accidents.

I frequently have people pull out on me from junctions, fortunately I'm very observant and don't speed so can stop without a collision

I'm referring to this particular circumstance, not in general. If CarA says CarB was indicating, and CarB says that he wasn't indicating, but was just about to indicate for the next entrance, it seems very likely to me that CarA saw indicators.

If that is the case, CarB must share a significant proportion of the blame, dependent on the specific circus.

dacouch

brat wrote: »

I'm referring to this particular circumstance, not in general. If CarA says CarB was indicating, and CarB says that he wasn't indicating, but was just about to indicate for the next entrance, it seems very likely to me that CarA saw indicators.

If that is the case, CarB must share a significant proportion of the blame, dependent on the specific circus.

In a criminal court of law perhaps, as far as Insurers go and a civil court they will go with car A being at fault every time if car B denies they were indicating.

pendragon_arther

Car A is to blame for proceeding and car B is an idiot driver for indicating too soon. B should have wound down his window and used the overtaking signal with his arm.

Nodding_Donkey

What's the 'overtaking signal'?

C_Mababejive

If i were the driver of car B ,i wouldnt say anything except..i was driving along the main road when a car waiting at a junction to the left suddenly pulled out in front on me when they had no right of way, leaving me no time to avoid a collision. Case closed.