Driver denying liability accident on roundabout

Car_54

glentoran99 wrote: »

there was no entrance at 9 o'clock this was clarified earlier

OK, I missed that!

However, are you suggesting that excuses the OP from the responsibility to check and signal before changing lanes?

If we could assume that all other road users would obey the HC at all times life would certainly be simpler. Unfortunately, it is clear from frequent threads on here that many motorists have no idea about roundabouts.

neilmcl

Car_54 wrote: »

OK, I missed that!

However, are you suggesting that excuses the OP from the responsibility to check and signal before changing lanes?

If we could assume that all other road users would obey the HC at all times life would certainly be simpler. Unfortunately, it is clear from frequent threads on here that many motorists have no idea about roundabouts.

How many times, the OP was going straight on, he didn't change lanes nor did he need to signal!

unforeseen

But he cut across the outer lane of the roundabout and collided with the vehicle that was in it

glentoran99

unforeseen wrote: »

But he cut across the outer lane of the roundabout and collided with the vehicle that was in it

A vehicle that had no cause to be there


At the end of my street in work there are two one way streets both going away from the main road between them. Cars regularly drive down them the wrong way. Are you suggesting if I drive into one of them I would be at fault? I would be crossing their lane and colliding with them

mark1959

neilmcl wrote: »

How many times, the OP was going straight on, he didn't change lanes nor did he need to signal!

If you never leave the lane you're in on a roundabout, you'll never leave the roundabout.

glentoran99

looking at this it looks like 50/50 is most likely


http://www.principia-law.co.uk/Road_Collision.aspx


quite similar


Grace v Tanner (2003) EWCA Civ 354

The Claimant and Defendant entered a roundabout from a dual carriageway in different lanes.
The Defendant missed their exit and continued around the roundabout on the outside of the roundabout.
The Claimant anticipating the Defendant leaving at the previous exit then sought to exit the roundabout and collided with the Defendant.
The Claimant was held liable but on appeal the court apportioned liability 50/50 as the Defendant was negligent in failing to appreciate that in continuing around the roundabout they presented a possible danger to other road users

Honey_Badger

glentoran99 wrote: »

looking at this it looks like 50/50 is most likely


http://www.principia-law.co.uk/Road_Collision.aspx


quite similar


Grace v Tanner (2003) EWCA Civ 354

The Claimant and Defendant entered a roundabout from a dual carriageway in different lanes.
The Defendant missed their exit and continued around the roundabout on the outside of the roundabout.
The Claimant anticipating the Defendant leaving at the previous exit then sought to exit the roundabout and collided with the Defendant.
The Claimant was held liable but on appeal the court apportioned liability 50/50 as the Defendant was negligent in failing to appreciate that in continuing around the roundabout they presented a possible danger to other road users

Here's the full judgement of that case

http://www.bailii.org/ew/cases/EWCA/Civ/2003/354.html

I would suggest several aspects of the case are different enough that it can not be used to apportion likely blame in the OPs RTA.

Richard53

Regardless of road markings or the Highway Code, the first duty is to avoid collisions with other vehicles and pedestrians. Therefore a driver should make proper observations before any manoeuvre (and exiting a roundabout is a manoeuvre) and take action to avoid any collisions - even if the other driver is in the wrong, technically.


(Say you are going to turn left off a main road and at the moment you turn a scooter overtakes on the inside. Yes, he is in the wrong, but a glance in the nearside mirror before committing to the turn would prevent a nasty accident and injuries. It has happened to me, and it was a nasty shock, but the 360 observation I did before turning saved his bacon.)


The other driver was clearly in the 'wrong' lane for his intended exit, but the OP could have avoided a collision with better observation and/or avoiding action (continuing round the roundabout and having a second bite at the cherry would have been better than sorting out an insurance claim).

Car_54

neilmcl wrote: »

How many times, the OP was going straight on, he didn't change lanes nor did he need to signal!

Again, he was in lane 2 on the roundabout.

How did he leave the roundabout without crossing lane 1? Levitation? A tunnel?

Honey_Badger

Car_54 wrote: »

Again, he was in lane 2 on the roundabout.

How did he leave the roundabout without crossing lane 1? Levitation? A tunnel?

It all depends on whether the circulatory carriageway of the roundabout has lane markings.

We have limited information from the OP about the particular roundabout, however many roundabouts are marked with dedicated lanes for specific exits.

If that is the case then it would be the vehicle in the left hand lane that changed lanes rather than the OP.