Minor Car Accident : Who was at fault?

DB1904

Belenus said:

aogra said:

https://youtu.be/vE3EiwW9sxg

Are those flashing lights on Car B normal?

I don't think they're flashing, just an issue with the recording of them.

daveyjp

Car B has no concept of defensive driving and is impatient.  They are simply too close and have no consideration for changing situations.  They now pay the price with an alloy repair.

Robbo66

looking at the rear camera footage you appear to have committed the the right hand lane and as the following car drove past suddenly changed you mind and moved back over, based on that footage I would argue you were at fault. You mentioned that you moved right to get a better view but view of what, you were in a clear lane and moved over in to traffic an back to the clear lane.

The following car was completely out of view of the camera so was pretty much along side when you moved back and you clearly didn't use your mirrors when moving back left so you are guilty of driving without due care and attention.

Merlin139

You are to blame when you chose to go around the Nissan that was turning right. You should have slowed and waited for it to turn and stayed in the right lane. The Volvo moved into the left lane as you were more in the right lane then in the left. You cut him up. Without the Volvo slamming on the brakes you would have had damage to your car. 

Its all very clear in the Rear camera footage. 

What it also shows that you wanted to stay ahead of the Volvo at all cost. Why did you not stay in the left lane that was clear? I bet it was because you had seen 100 meters in front was a parked car so you wanted to hedge your bets. The Volvo obviously had the room to get pretty much level with you until you closed the door.

Grumpy_chap

Car_54 said:

2. The offence of failing to stop applies to accidents, not collisions. The relevant definition of an accident does not require contact.

I've covered that above:

Grumpy_chap said:

I suspect the driver of Car A was not aware there had been an accident until later - only stopping because of the odd behaviour of Car B flashing headlights.  No accident for Car A to have actually stopped at.

It is not necessary for every driver passing an accident in which they were not involved to stop and exchange details - just think of the chaos that would cause following any accident on any main road.

Or, do you, when driving along stop at every accident you may pass, whether it involved you or not?

What if I am driving along and a customer walks out of Tesco's and drops their bag of shopping so the eggs break?  That is an accident?  Do I still need to stop?

Accident and collision seem interchangeable in lay-terms with reference to "failing to stop".  Can you provide the definition of accident that does not require contact?

Herzlos

Belenus said:

aogra said:

https://youtu.be/vE3EiwW9sxg

Are those flashing lights on Car B normal?

I think it's just LED headlights, they have a frequency that plays havok with something recording at standard video frequences (~30fps).

Car_54

Grumpy_chap said:

Accident and collision seem interchangeable in lay-terms with reference to "failing to stop".  Can you provide the definition of accident that does not require contact?

Failing to stop is an offence under s170 of the Road Traffic Act 1988.

"This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place], an accident occurs by which—

(a)personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b)damage is caused—

(i)to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii)to an animal other than an animal in or on that mechanically propelled vehicleor a trailer drawn by that mechanically propelled vehicle, or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land."

Belenus

Herzlos said:

Belenus said:

aogra said:

https://youtu.be/vE3EiwW9sxg

Are those flashing lights on Car B normal?

I think it's just LED headlights, they have a frequency that plays havok with something recording at standard video frequences (~30fps).

DB1904 said:

Belenus said:

aogra said:

https://youtu.be/vE3EiwW9sxg

Are those flashing lights on Car B normal?

I don't think they're flashing, just an issue with the recording of them.

Thanks to you both.

aogra

Merlin139 said:

You are to blame when you chose to go around the Nissan that was turning right. You should have slowed and waited for it to turn and stayed in the right lane. The Volvo moved into the left lane as you were more in the right lane then in the left. You cut him up. Without the Volvo slamming on the brakes you would have had damage to your car. 

Its all very clear in the Rear camera footage. 

What it also shows that you wanted to stay ahead of the Volvo at all cost. Why did you not stay in the left lane that was clear? I bet it was because you had seen 100 meters in front was a parked car so you wanted to hedge your bets. The Volvo obviously had the room to get pretty much level with you until you closed the door.

I agree that it was not the best move by myself, in hindsight I would have looked more carefully and done things different but it is what it is - I am certainly not trying to put blame solely on Car B, I am merely just trying to explore the situation from the eyes of the law. In my mind I was certainly not trying to change lane, and in my mind I had not changed lane, I was trying to see ahead of the parked car - in that split second I was unsure if that car was actually parked (it was) or stopped in traffic. I agree not the smartest move, I was certainly not in a hurry or trying to be aggressive in any way. But regardless of any of my actions, the question remains if I had exited the left lane or not, is having half my car in the left lane enough to classify it as me having left the lane? when I moved completely back to the left lane, in my mind I was still in the lane, I had never left it. And for Car B, should he have squeezed through, literally leaving a few centimetres between both cars? from the advantage of his viewpoint, did he create a risky situation by advancing?

DB1904

Grumpy_chap said:

Car_54 said:

2. The offence of failing to stop applies to accidents, not collisions. The relevant definition of an accident does not require contact.

I've covered that above:

Grumpy_chap said:

I suspect the driver of Car A was not aware there had been an accident until later - only stopping because of the odd behaviour of Car B flashing headlights.  No accident for Car A to have actually stopped at.

It is not necessary for every driver passing an accident in which they were not involved to stop and exchange details - just think of the chaos that would cause following any accident on any main road.

Or, do you, when driving along stop at every accident you may pass, whether it involved you or not?

What if I am driving along and a customer walks out of Tesco's and drops their bag of shopping so the eggs break?  That is an accident?  Do I still need to stop?

Accident and collision seem interchangeable in lay-terms with reference to "failing to stop".  Can you provide the definition of accident that does not require contact?

An emergency vehicle going through a red traffic light. First vehicle at the green light stops second runs into the rear of the first. The collision occurred owing to the presence of the emergency vehicle.