Waved out at junction... who is at fault.

Sandtree

Car_54 said:

Sandtree said:

Not even sure what a "you sure?" gesture looks like....

Almost certainly 100% your fault... I dont have my case law book with me any more but I do recall a case that was similar which was settled 90%/10% against the emerging driver (you) with 10% on the passing vehicle... in the original case the person that did the waving out was found partially responsible too but it was overturned on appeal.

If its a minor prang its almost certainly not worth fighting over getting a 10% allocation as be it 90% or 100% your fault it'll have the same impact on your NCD, premiums etc

If we're thinking of the same case, the passing driver was clearly wrong to be overtaking on the approach to a junction (HC 167).

The OP's circumstances are quite different - it wasn't a junction.

I’d forgotten it was a petrol station by the time I’d read the other replies 🙁

Biggus_Dickus

There’s a smallish  ‘white circle’ roundabout near me which has 3 quite busy roads converging on it.

All the 3 roads are separated by 120 degrees and there is no clear right of way whatsoever.

It often turns into a heated 3-way ‘Mexican Standoff’,...a headlight-flash’fest and hand gestures galore plus the air is obviously blue in some cars.

However, I’ve never seen or heard of an accident or bump at that location,... everyone seems to safely navigate the roundabout (eventually!),... which is the main thing.

chrisw

Biggus_Dickus said:

However, I’ve never seen or heard of an accident or bump at that location,... everyone seems to safely navigate the roundabout (eventually!),... which is the main thing.

There's an argument that by making roads and junctions more potentially dangerous and confusing, there will be less accidents. 

At a couple of large roundabouts near me, they've started erecting high fencing on the approaches to prevent you looking right in advance, thereby forcing you to slow down or stop before entering the roundabout.

Ditzy_Mitzy

Sandtree said:

Not even sure what a "you sure?" gesture looks like....

Almost certainly 100% your fault... I dont have my case law book with me any more but I do recall a case that was similar which was settled 90%/10% against the emerging driver (you) with 10% on the passing vehicle... in the original case the person that did the waving out was found partially responsible too but it was overturned on appeal.

If its a minor prang its almost certainly not worth fighting over getting a 10% allocation as be it 90% or 100% your fault it'll have the same impact on your NCD, premiums etc

I know the case you mean, but can't remember enough about it to track it down.  I've got a very vague memory of one of the vehicles involved, the one passing the bus that had stopped to let the emerging car out, being a police car.  I think the decision was to treat the professional police driver a bit more harshly than the average motorist because he should, as a professional, have known to slow down when passing the bus.  I think.  

JustAnotherSaver

Car_54 said:

 the passing driver was clearly wrong to be overtaking on the approach to a junction

If we all had an attitude that everyone else on the road is an idiot and i'm going to be cautious and give them a wide berth, it may lead to less accidents?

Like when someone races up my back end. I don't get intimidated in to having a race with them. If they're in such a rush to have an accident that's fine, i'll move left to show you i don't care and you can go on because if you're behind me, i have no control over whether we collide or not but once you're in front then i do.

KimJongUn88

This boils down to what your mum used to say:  If your best friend told you to jump off a bridge, would you do it?

nottsphil

Did the bus driver have white gloves or cuffs when he waved you on? Only police officers and traffic wardens are legitimately allowed to undertake point duty. 

molerat

Biggus_Dickus said:

There’s a smallish  ‘white circle’ roundabout near me which has 3 quite busy roads converging on it.

All the 3 roads are separated by 120 degrees and there is no clear right of way whatsoever.

It often turns into a heated 3-way ‘Mexican Standoff’,...a headlight-flash’fest and hand gestures galore plus the air is obviously blue in some cars.

However, I’ve never seen or heard of an accident or bump at that location,... everyone seems to safely navigate the roundabout (eventually!),... which is the main thing.

We used to have one of those, very few accidents but some local councillors found it confusing and dangerous so decided to spend loads of our money on traffic lights.  Now we have traffic queuing across the earlier main road roundabout, long lines down two other roads and regular bumps of cars turning across the traffic and jumping the lights. And all because a few idiots couldn't figure out how to use a roundabout.

Car_54

Biggus_Dickus said:

There’s a smallish  ‘white circle’ roundabout near me which has 3 quite busy roads converging on it.

All the 3 roads are separated by 120 degrees and there is no clear right of way whatsoever.

Sounds just like any other roundabout - no road has priority.

Biggus_Dickus

Car_54 said:

Biggus_Dickus said:

There’s a smallish  ‘white circle’ roundabout near me which has 3 quite busy roads converging on it.

All the 3 roads are separated by 120 degrees and there is no clear right of way whatsoever.

Sounds just like any other roundabout - no road has priority.

Yes of course, it’s like any other roundabout,.. nobody has priority,... thanks for pointing that out; the roads are very narrow, the roundabout is small and the turning circle is very tight. Too tight really.  It can get a little fraught sometimes especially when 3 cars arrive at the same time and all 3 are indicating ‘right’.

If two cars nose out at the same time there’s very little room for error, unlike a larger roundabout where you spy your chance and go for it!