Accident advice on motorway roundabout

DUTR

ElephantBoy57 said:

DUTR said:

Yes and no, you can google, whoever took the picture if they were driving at the time, could be in violation of not being in charge of the vehicle, there are episodes where someone eating an apple at traffic lights got done, it doesn't have to be a mobile phone.

“The legislation does not prohibit all use of a mobile phone held while driving. It prohibits driving while using a mobile phone or other devices for calls and other interactive communication (and holding it at some stage during that process).”

https://www.fleetnews.co.uk/news/company-car-tax-and-legislation/2019/08/01/driving-phone-law-loophole-high-court

I never mentioned the use of a mobile phone or it's functions, there is legislation that suggests you should have full control of the motorised vehicle and that was about long before mobile phones, there was another case where a guy got pulled he said he wasn't using his mobile phone, he in fact was using his electric shaver...... he still faced a penalty. 

JamoLew

Section 187 - 2nd and 3rd points down seem to be the important bits

Mercdriver

You can still be done for driving without due care and attention.  It has been used.  

[Deleted User]

Car_54 said:

jordystreet said:

Mercdriver said:

Looking at the actual approach to the turn off, there is no way I would ever ever be in the offside lane.  I think the best yoou can hope for is 50/50.  

thanks for your input.
Surely just because you would never do it doesnt make it wrong tho?

going off the highway code I used road markings which told me otherwise, third party didn't and was in the wrong lane

First, it doesn't matter that he was in the "wrong" lane. That doesn't entitle you to enter that lane without taking the necessary care.

Second, those lane markings are not mandatory. They are an aid to navigation.

If a roundabout marking states "M18 only" (which may or may not be preceded with signs also saying this) and a person tries to cut across a second lane also for the M18 because they realise they're in the wrong lane and causes a collision, that can still be used as evidence of careless driving or establishment of fault. While you should never assume other drivers are competent, it's not an unrealistic belief that someone in a lane that says you must take such an exit, will normally take that lane. A policeman following could easily issue a ticket for driving without due care and attention or similar for trying to do this. I think OP will get 50/50 without camera footage but imho has a good argument the other driver was at fault for ignoring the markings and cutting across while OP was legally taking an exit that the other car should also have taken

John_

jordystreet said:

I was in the right hand lane marked m18 and a1(m) south taking the right hand lane onto the slip road, the third party was in the left lane marked only m18 and tried to turn right to stay on the roundabout

You keep saying that they turned right, but that doesn’t seem to be correct, they stayed in lane I think.

Given that they were in that lane, and you moved across into them you’d expect to be asked why you did that. You have to ensure that it is safe to do so when changing lanes.

Dr_Crypto

I’ve had a look at that video. The markings aren’t the clearest 

As you go past the A1M North exit there are 2 lanes, each marked M18. A short distance later the right lane is then marked M18/ A1M South.

You were in lane 2 (M18/A1M South) heading onto the M18 to Donny. She was in Lane 1. 

You assumed she’d be taking the M18 as that was what her lane is marked and would join the M18 slip in lane 1 and you’d join in lane 2.

She didn’t actually leave the roundabout but continued around it and thus the vehicles collided as you attempted to join the M18.

Its arguable. Probably 50/50 is reasonable without proof.

The video is here https://youtu.be/8M6zAc-OQxs

DoaM

John_ said:

jordystreet said:

I was in the right hand lane marked m18 and a1(m) south taking the right hand lane onto the slip road, the third party was in the left lane marked only m18 and tried to turn right to stay on the roundabout

You keep saying that they turned right, but that doesn’t seem to be correct, they stayed in lane I think.

Given that they were in that lane, and you moved across into them you’d expect to be asked why you did that. You have to ensure that it is safe to do so when changing lanes.

Which is what I was saying several pages ago. The other party didn't change lanes - the OP did. I'm not arguing that the other party should have taken the M18 exit, but they didn't. As the OP was the one changing lanes then the onus was on him to ensure the way was clear to do so. I think the OP will be foolish to try and argue this as not being his fault in any way.

sweetsand

Carrot007 said:

100% OP's fault. Regardless of what the direction on the lane were they moved into the other persons lane. Yes other driver was infuriuating, OP should have got in other lane earlier as is polite or just gone round again. "Ramming" someone out of the way is never right.

Harsh but an honest comment and one I agree with. Sorry OP, just let it go.
ATB

ToxicWomble

Here we go again - 2 week ban served

DoaM

Thankfully Her Ladyship is still in my Ignore list so I don't see anything she posts (unless someone quotes it).