Car accident liability: who's to blame?

Marbo

The car behind mine, hit my car in the right front wheel and wing while I was trying to turn around. I've exit a narrowed portion of the road, drove left a bit while indicating right and then turned right. Meanwhile the car behind me continued its motion on the other way, trying to overtake. It hit my car with its left front side in the moment my right front wheel was on the road axis.
I think the other driver is responsible for the accident, wasn't paying attention to my indications, it forced the overtake.
Who's fault do you think it was.? What are my chances to convince a judge it wasn't my fault?

FutureGirl

I'd say you're both at fault.

You indicated right then went left. Other driver may have thought you meant to go left, not right (I've seen plenty of people do that). He has then overtaken when unsafe to do so.

Judge would likely say 50/50 as it's your word against his unless you have independent witness or CCTV.

exiled_red

From the couple of accidents I have had (neither of which were my fault), I think that the important thing is if either of you have a witness, if it is your word against theirs the most likely thing based on what you say is 50/50 blame

marlot

You're both to blame - the only discussion is to what extent. In the absence of witnesses, probably 50:50

Mungo76

50/50 at best.

I'd say you'll have a hard time convincing (a court) that you made sure it was safe to carry out the manoeuvre.

By your own account you had to pull left (even though indicating to turn right). This would suggest it is more than a simple turn where the other party should not have assumed it was safe to pass.

This suggests little attention was paid to other road users and your mirrors should have been used.

If your damage was further back it would hold more weight. But at the same time, theirs being towards the front suggests they were not that established in overtaking you.

csgohan4

Get a dash cam for front and back, might save you in future, or not


BTW, fault would be yours IMO, you indicated right and turned left. Are you a lorry?

Kynthia

I'm not sure the road was safe for you to be doing the manuvere you were intending. Surely before doing a turn in the road you pull to the left, let cars pass, and then when it's clear do your manuvere. If it's a main road then you shouldn't do it at all and go find a side road to turn around in.

50/50 in my opinion.