Who is at fault?

z1a

foxy-stoat wrote: »

Either 100% your fault or 70/30 if you can get an independent witness/dash camera to confirm that his indicator was on and it looked like it was the intention of the driver of the van to turn right and changed his mind at the last few seconds.

Turn LEFT.

almillar

The problem at rush hour time ie after 4pm from Glasgow means if you don't take your chances you could be there for ages.

The road is due to be upgraded and a couple of roundabouts installed.

Before the roundabout arrives, you shouldn't be taking chances, as you've found out. You could consider turning left instead, which will be easier, then finding a safe place to turn.

It would be different if the OP observed the indicator coming on

It wouldn't. And you can't rely on an indicator because it doesn't tell you much. There could have been a driveway AFTER OP's junction, that the van driver was indicating he was turning into, for example. Or he could have sneezed and hit the indicator stalk - it doesn't sign him up to a contract to turn left!

DoaM

Car_54 wrote: »

How would it be different? Drivers frequently (and wrongly) indicate left before a junction when their intention is to pull in or turn into an opening after that junction.

It doesn't directly change the situation, but it shows that the van driver made a conscious decision to activate the turn signal rather than having simply left it on. Based on that then the OP would be in a better position to argue split liability rather than being 100% liable.

qwert_yuiop

glentoran99 wrote: »

based on what?

Because it couldn’t be whiplash.

RichardD1970

qwert_yuiop wrote: »

Because it couldn’t be whiplash.

From the NHS web site,

Whiplash injury is a type of neck injury caused by sudden movement of the head forwards, backwards or sideways.

Are you a Doctor?

telemarks

Sorry 100% your fault.

My son failed his driving test on exactly the same, this time on a roundabout, and was just a near miss. But overall he was told by examiner and instructor that whatever the indication seen, you can't go until that "intention" to turn as shown by the indicator, becomes an actual turn.

If the Van driver had indicated THEN clearly started to turn his wheel to make the turn, and only then then swerved back straight again, then you MIGHT be back in 50:50 territory.

glentoran99

qwert_yuiop wrote: »

Because it couldn’t be whiplash.

Your going to have explain that, any sudden movement of head can cause whiplash

RichardD1970

glentoran99 wrote: »

Your going to have explain that, any sudden movement of head can cause whiplash

See post #9

King_Nothing

All an indicator tells you, is that it is working how it should be, it doesn't tell you that the vehicle is actually going to go that way, wait for the turn to occur first if you know it'll be close, your fault.

qwert_yuiop

RichardD1970 wrote: »

From the NHS web site,



Are you a Doctor?

Yes. Whiplash results from hyperextended neck in a sudden acceleration as far as legal assessment of RTA victims goes. Our van driver wouldn’t have a chance of convincing anyone he had whiplash.