Collision: Whose fault is it?

Aylesbury_Duck

CYPER wrote: »

I did not chose to hit that vat. Any sane person, which I am would avoid such a collision.
Not seeing his indicators because of the sun shining I assumed the van is going straight being in the left lane. He then made a very quick last minute manoeuvre into my lane as to not miss his exit and even though I braked we collided.

If I had any expectations that he is going round, then I would have let him pass, but him being in the wrong lane is the main cause of the collision.

You do remember that you've posted a video of the incident, don't you? In most cases on here, people have to make judgements based on the OP's written description of the event and the opinions and arguments go back and forth but ultimately, we have to work on the balance of probabilities and the description given by a party with a vested interest. In your case, you've captured the whole thing on camera so people have a very clear view of what happened. People's views are what they are, based on the video. You can argue with the views expressed all you like, but we can all see what happened.

CYPER

Aylesbury_Duck wrote: »

Yes. The OP has stated that an indicator doesn't give right of way but he couldn't see it anyway. But he must have seen the van yet chose to drive into the rear corner of it anyway.

Warwick_Hunt wrote: »

But you didn't avoid one.

Is it because I am a bad driver?

Aylesbury_Duck wrote: »

You do remember that you've posted a video of the incident, don't you? In most cases on here, people have to make judgements based on the OP's written description of the event and the opinions and arguments go back and forth but ultimately, we have to work on the balance of probabilities and the description given by a party with a vested interest. In your case, you've captured the whole thing on camera so people have a very clear view of what happened. People's views are what they are, based on the video. You can argue with the views expressed all you like, but we can all see what happened.

True, the important thing is I cleaned the "damage".
Btw my driving instructor expressed an opinion that the van is in the wrong. Good enough for me

Aylesbury_Duck

CYPER wrote: »

Is it because I am a bad driver?

I doubt it. We all make occasional mistakes and misjudgments and most of the time there are no consequences. An advanced driving course is a good investment if you drive a lot. It will improve your anticipation, situational judgement and generally make you a more defensive driver. In your accident, there were enough to tell-tale signs that the van driver was lost/distracted/lacking spatial awareness and the prudent thing to do would have been to hold back a few more feet so his poor lane discipline would have been entirely in front of you. It's easy to see all these things in a video you can watch over and over again, but good defensive driving will make you more likely to spot the signs in a live situation.

Aylesbury_Duck

Btw my driving instructor expressed an opinion that the van is in the wrong. Good enough for me

That's his/her prerogative. Would your instructor suggest you drive in exactly the same way should that situation arise again, then? If so, I'd suggest finding another instructor if you ever decide to have advanced lessons.

Strider590

Aylesbury_Duck wrote: »

We all make occasional mistakes and misjudgments

Indeed we do, starting threads on these forums being one of them :rotfl:

There's a reason why i've started very few in all these years and it's not because I already know everything :cool:

tho_2

What damage was done to the van? I hope you've reported it to your insurance company anyway incase he puts in a claim.

I'd go with that the insurers will say 50/50. You drove into the great big van right in front of you.

Mercdriver

CYPER wrote: »

I did not chose to hit that vat. Any sane person, which I am would avoid such a collision.
Not seeing his indicators because of the sun shining I assumed the van is going straight being in the left lane. He then made a very quick last minute manoeuvre into my lane as to not miss his exit and even though I braked we collided.

If I had any expectations that he is going round, then I would have let him pass, but him being in the wrong lane is the main cause of the collision.

But your own video shows you steering towards the van which was ahead on your near side.

Iceweasel

CYPER wrote: »

I did not chose to hit that vat. Any sane person, which I am would avoid such a collision.
Not seeing his indicators because of the sun shining I assumed the van is going straight being in the left lane. He then made a very quick last minute manoeuvre into my lane as to not miss his exit and even though I braked we collided.

If I had any expectations that he is going round, then I would have let him pass, but him being in the wrong lane is the main cause of the collision.

There is the whole problem.

You should learn from it.

Luckily you have polished the 'damage' off your car.

Now be ready for a claim from the van driver/owner/insurance company.

I hope that you have reported this.

Joe_Horner

CYPER wrote: »

Is it because I am a bad driver?

Probably not. There's no way any of us can judge that from 40 seconds of footage - if there was then the driving test would be much shorter than it is - but even the best do make mistakes. My "bloody fool" comment in my first post is only the forum-friendly version of what I would have been calling myself in that situation!

The more important question is "Can I learn from this?". That's much more important in the long run than "who was at fault?". In this case, there were plenty of warning signs that the van might not be doing what you expected.

Some of us (probably because we've been bitten by similar incidents or near misses in the past) saw those signs immediately in the video. The problem is, it's very difficult to pass on that sort of experience, especially on t'internet, without potentially sounding like you're "having a go".

neilmcl

CYPER wrote: »

I did not chose to hit that vat. Any sane person, which I am would avoid such a collision.
Not seeing his indicators because of the sun shining I assumed the van is going straight being in the left lane. He then made a very quick last minute manoeuvre into my lane as to not miss his exit and even though I braked we collided.

If I had any expectations that he is going round, then I would have let him pass, but him being in the wrong lane is the main cause of the collision.

As already posted you didn't avoid the collision, instead due, possibly to lack of concentration, you attempted to take the exit and hit the van. I don't know why people are saying the van changed direction, if anyone looks purely at the front of your car in the footage it's clear that it's you that moves over.

Also, as you get more driving experience you will come to realise that you should never ASSUME anything about the intentions of another car driver.