T junction Accident

Wendy64

Today i was involved in a rtc..i was coming upto a T junction ..there was heavy traffic coming from the left hand side ..it was crawling as it was school run time ..i was indicating to turn right ..there was a break in the traffic coming from the right ..a loery flashed me to let me out as i was about to pull out the junction the car directly behind the lorry which was stationary at the time pulled out and was on the wrong side of the road and turned right as i was pulling out ..she hit my front side ..who was at fault ?? I think it was her as you cant overtake near a junction but shes saying it was my fault ! ..she was on the wrong side of the road ..any advice most helpful

Aylesbury_Duck

Wendy64 wrote: »

Today i was involved in a rtc..i was coming upto a T junction ..there was heavy traffic coming from the left hand side ..it was crawling as it was school run time ..i was indicating to turn right ..there was a break in the traffic coming from the right ..a loery flashed me to let me out as i was about to pull out the junction the car directly behind the lorry which was stationary at the time pulled out and was on the wrong side of the road and turned right as i was pulling out ..she hit my front side ..who was at fault ?? I think it was her as you cant overtake near a junction but shes saying it was my fault ! ..she was on the wrong side of the road ..any advice most helpful

If you were emerging from a side road onto the main carriageway, the onus on you is not to do so until it's clear, but if you were already on the road and she drove into the side of you, she's also to blame.

Regardless of who is technically to blame, the outcome that matters, i.e. for insurance purposes, is likely to be 50:50.

Tom99

[FONT=Verdana, sans-serif]I think she was at fault because she was on the wrong side of the road and she should have seen you were waiting to pull out and realised the lorry may be letting you out unless the lorry was indicated left or put on hazard warning lights which seems unlikey[/FONT]
[FONT=Verdana, sans-serif]Also the fact she hit you in the side rather than you hitting her in the side seems to indicate that you moved 1st.[/FONT]
[FONT=Verdana, sans-serif]Whether you end up agreeing that of course is another matter.[/FONT]

IamNotAllowedToUseMyName

Too confusing (where was this overtaking car turning right into z I take it was using the wrong side of the road to jump the queue) but you can rely on "Do not overtake at or approaching a junction" to point the finger. However, just because someone lets you out doesn't mean you can rely on them. It is one reason why a pet hate of mine is overly polite drivers who delight in encouraging people out against priority when there is little traffic around.

The other law the other driver has broken is driving without due consideration to other road users.

If you are saying that the car came from the left then I would say it is their fault - it is entirely predictable that an emerging car would not recheck for a car doing a stupid overtake. However, when we drive we should expect stupid.

Wendy64

IanMSpencer wrote: »

Too confusing (where was this overtaking car turning right into z I take it was using the wrong side of the road to jump the queue) but you can rely on "Do not overtake at or approaching a junction" to point the finger. However, just because someone lets you out doesn't mean you can rely on them. It is one reason why a pet hate of mine is overly polite drivers who delight in encouraging people out against priority when there is little traffic around.

The other law the other driver has broken is driving without due consideration to other road users.

If you are saying that the car came from the left then I would say it is their fault - it is entirely predictable that an emerging car would not recheck for a car doing a stupid overtake. However, when we drive we should expect stupid.

Yes the other car was on the wrong side of the road and was turning into the lane i was coming out of

AndyMc.....

One may argue you failed to give way to a vehicle on the main carriageway. Has the truck driver provided any details as a witness?

Wendy64

When they are driving on the wrong side of the road and overtaking a stationary vehicle right on a T junction ???

Wendy64

I do have a witness as well

Svein_Forkbeard

I had an accident recently at a T Junction (completely different circumstances) I was turning right and guy coming from right indicated left and then changed his mind, I have a witness but I reckon the best I can get is 50:50 but at the end of the day I pulled out when unsafe to do so so I'm not holding my breath.

I think you have a stronger case. But even then?

AndyMc.....

Wendy64 wrote: »

When they are driving on the wrong side of the road and overtaking a stationary vehicle right on a T junction ???

If you saw all that happen then why did you pull out?

Ant555

Svein_Forkbeard wrote: »

I had an accident recently at a T Junction (completely different circumstances) I was turning right and guy coming from right indicated left and then changed his mind, I have a witness but I reckon the best I can get is 50:50 but at the end of the day I pulled out when unsafe to do so so I'm not holding my breath.

I think this is also a common 'crash for cash' scam nowadays as the proliferation of dash cams has made it a little bit trickier to get away with slamming on the brakes. A standard Dash cam is of little use as it wont catch the relevant action if you are hit in the side.
Admittedly its a different situation from the OP though.