T junction Accident

reeac

AndyMc..... wrote: »

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

Presumably the overtaking and the pulling out happened simultaneously. I think that the overtaking at a road junction should be the significant factor. I had exactly the same situation once except that the overtaker was a motorcyclist and it was a near miss with lots of shouting from the latter. ....all very silly.

IamNotAllowedToUseMyName

Wendy64 wrote: »

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

Got it. As you have a witness, I think you have a good chance of a claim as the other driver was driving carelessly - in fact borderline dangerous driving (far below the standard of a reasonable and careful driver).

However, the catch will always be that there is an argument that you did not check that it was safe to proceed. Personally, I'd say that the behaviour of the other driver is so poor it is unreasonable to hold you to account. Myself, I'd be tempted to report it to the police as you have a witness.

spadoosh

Doesnt make much sense to me.

Youre at a t junction wanting to turn right, loads of traffic coming from the left (the lane you want to go in). A lorry from the right flashes you out whilst simultaneously a car behind them overtakes the lorry and tries to turn down the road youre coming from.

How was the car behind the lorry able to overtake if traffic was heavy and crawling on the main carriageway. The lane youre saying they used to over take wouldve been full of slow moving cars the way youve described it.

Im not saying extremities dont happen, i know cyclist often face problems of being overtaken and then someone trying to turn left immediately but a car overtaking a lorry to do it?


If its as you suggest i would say 100% the other driver is at fault. Unless you have decent witness and good evidence though i dont think youll convince the insurer enough for them to fight it

EssexExile

spadoosh wrote: »

Doesnt make much sense to me.

Youre at a t junction wanting to turn right, loads of traffic coming from the left (the lane you want to go in). A lorry from the right flashes you out whilst simultaneously a car behind them overtakes the lorry and tries to turn down the road youre coming from.

How was the car behind the lorry able to overtake if traffic was heavy and crawling on the main carriageway. The lane youre saying they used to over take wouldve been full of slow moving cars the way youve described it.

Im not saying extremities dont happen, i know cyclist often face problems of being overtaken and then someone trying to turn left immediately but a car overtaking a lorry to do it?


If its as you suggest i would say 100% the other driver is at fault. Unless you have decent witness and good evidence though i dont think youll convince the insurer enough for them to fight it

The flashing lorry (dirty boy) was coming from the left.
OP, your witness isn't your passenger is it? They don't carry much weight. As others have said, the insurance company will probably decide, unless you feel like challenging them if they go 50:50.

molerat

spadoosh wrote: »

Doesnt make much sense to me.

Youre at a t junction wanting to turn right, loads of traffic coming from the left (the lane you want to go in). A lorry from the right flashes you out whilst simultaneously a car behind them overtakes the lorry and tries to turn down the road youre coming from.

How was the car behind the lorry able to overtake if traffic was heavy and crawling on the main carriageway. The lane youre saying they used to over take wouldve been full of slow moving cars the way youve described it.

I think you have completely misunderstood.

Lorry on left in slow moving traffic. OP turning right out of junction. Lorry on left lets op out into slow moving traffic. Car on left overtakes lorry to turn right into junction op is emerging from.

Nearly happened to me the other day turning left out of a junction. Looked left, slow moving traffic, looked right nothing coming, started to pull out and car from left decided to overtake 3 cars to come into my junction.

NBLondon

spadoosh wrote: »

Youre at a t junction wanting to turn right, loads of traffic coming from the left (the lane you want to go in). A lorry from the right flashes you out whilst simultaneously a car behind them overtakes the lorry and tries to turn down the road youre coming from.

I read it as the lorry was coming from the left; flashed to allow Wendy to turn in front of it and the other vehicle overtook the lorry to turn right into the road Wendy was emerging from. Which really suggests the other car was not paying attention as even if Wendy didn't move they would have to go across her nose...

I used to see a lot of this - whiz up the other side to pass a queue and then turn right - in morning rush hour near the Blackwall Tunnel.

unholyangel

I believe theres case law on similar circumstance. Such as powell v moody where the overtaking vehicle (biker) was 80% liable and the emerging car was 20%.

In OP's case, I'd expect liability to be greater on their part unless they were inching out and their vision of that car was obstructed (I wouldve expected it to come into view as soon as it pulled out from behind the lorry but this might not be accurate depending on road layout).

Wendy64

There was a no traffic coming from the right when the lorry let me out ..it was heavy traffic from the left ..right side traffic was clear

Wendy64

No witness is pedestrian who saw the lorry flash to let me out

societys_child

See it regularly, in stationary traffic, someone 'nipping' down the wrong side of the road, to make right turn.
Usually foot-to-floor to beat any oncoming traffic.