| I've just nearly had a car crash 11:16 - Jan 11 with 3101 views | stickymockwell |
And I can't work out who's fault it would have been if we had collided. I was driving down a straight road and I had a parked car to over take. It was near a T junction and the other car obviously just looked right and swung out onto the road as I was just pulling in. If we had of pranged was it my fault because technically I was on the wrong side of the road???
Sorry boring post but I know the great minds of TWTD will have the answer. |  |
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| I've just nearly had a car crash on 11:17 - Jan 11 with 3052 views | Ipswich24 |
I would probably say yours as you were on TWTD at the time on other side of road  |  |
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| I've just nearly had a car crash on 11:18 - Jan 11 with 3048 views | geg1992 |
Surely the person at fault is the one joining the road as it was not safe to do so. |  |
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| I've just nearly had a car crash on 11:20 - Jan 11 with 3002 views | stickymockwell |
| I've just nearly had a car crash on 11:17 - Jan 11 by Ipswich24 |
I would probably say yours as you were on TWTD at the time on other side of road |
*Puts down phone | |
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| I've just nearly had a car crash on 11:23 - Jan 11 with 2959 views | LeBlue |
Their fault as they were joining the carriageway and are therefore required to ensure it is safe to do so, this includes looking both ways. |  | | |
| I've just nearly had a car crash on 11:25 - Jan 11 with 2922 views | Sparky85 |
Would have been an interesting one. Would depend on witness statements etc but my initial thoughts is that the insurers would probably agree to deal with own damage only between them. There is a bit of fault on both sides but I would agree more so on the driver pulling out of the junction |  | | |
| I've just nearly had a car crash on 11:30 - Jan 11 with 2871 views | Sikamikanico |
Strangely this nearly happened to me as well. They did not look left at all until they decided to start pulling out and had to emergency break | | | |
| I've just nearly had a car crash on 11:30 - Jan 11 with 2863 views | tonybied |
| I've just nearly had a car crash on 11:23 - Jan 11 by LeBlue |
Their fault as they were joining the carriageway and are therefore required to ensure it is safe to do so, this includes looking both ways. |
I would suspect the parked car was not legally parked if you were on the wrong side of the road that close to the junction. Surely the person who had parked their car to close to a junction would hold some blame in this too? |  | | |
| I've just nearly had a car crash on 11:37 - Jan 11 with 2773 views | stickymockwell |
| I've just nearly had a car crash on 11:30 - Jan 11 by tonybied |
I would suspect the parked car was not legally parked if you were on the wrong side of the road that close to the junction. Surely the person who had parked their car to close to a junction would hold some blame in this too? |
Its a country road so no yellow lines! but yeah it was a stupid place to park. | |
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| I've just nearly had a car crash on 11:40 - Jan 11 with 2740 views | bluelagos |
Person coming out of junction.
The parked car may have contributed but unless illegally parked is a bit of a red herring. Joining a road you have wait til it's safe, period.
Having said all that, I'd maybe hold back if in that situation given you don't want a crash even if it's the other guys insurance. Doubly so if on 2 wheels. Or just beep yer horn to let car on side road know you're there? |  |
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| I've just nearly had a car crash on 11:46 - Jan 11 with 2671 views | Keno |
Did you knock any cyclists off their bikes? |  |
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| I've just nearly had a car crash on 11:47 - Jan 11 with 2677 views | Basuco |
Accidents like this, had it happened, are a prime example of the benefit of a dash cam with GPS to show your speed. It will give your exact perspective of events before any collision. If you were speeding or driving dangerously it would work against you, but I would recommend everyone gets a dashcam if you do not already have one. It avoids any arguments about how you were driving or the exact events leading up to an accident.
My opinion on your incident would be that without dashcam it would be 50 - 50 with dashcam the other driver may well be proved at fault. |  | | |
| I've just nearly had a car crash on 11:51 - Jan 11 with 2632 views | Ryorry |
Sorry, don't know, opened thread in error thinking it was a witty take on Chico's OP "would it be the biggest failure in ITFC history if we failed to get promotion this season?" |  |
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| I've just nearly had a car crash on 12:04 - Jan 11 with 2516 views | stickymockwell |
| I've just nearly had a car crash on 11:46 - Jan 11 by Keno |
Did you knock any cyclists off their bikes? |
A whole Peloton but that was 3 miles later | |
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| I've just nearly had a car crash on 12:07 - Jan 11 with 2463 views | Keno |
| I've just nearly had a car crash on 12:04 - Jan 11 by stickymockwell |
A whole Peloton but that was 3 miles later |
This qualifies you for this week's "Facters Good Motoring Award" | |
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| I've just nearly had a car crash on 12:11 - Jan 11 with 2418 views | Meadowlark |
Yours, if only for writing "of" when it should have been "have!" |  | | |
| I've just nearly had a car crash on 12:24 - Jan 11 with 2320 views | stickymockwell |
| I've just nearly had a car crash on 12:11 - Jan 11 by Meadowlark |
Yours, if only for writing "of" when it should have been "have!" |
I'm from Suffolk and I say of. | |
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| I've just nearly had a car crash on 12:26 - Jan 11 with 2312 views | ElephantintheRoom |
Assuming the other car was in the road when you hit it whilst driving on the wrong side of the road I’d suggest you’d be at fault. Even if you weren’t you’d be making a claim and be stuffed for three years. | |
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| I've just nearly had a car crash on 12:28 - Jan 11 with 2291 views | chicoazul |
This is why it’s very important to drive ultra defensively treat everyone else like idiots and have a dash cam. |  |
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| I've just nearly had a car crash on 13:11 - Jan 11 with 2066 views | mattyhollandsirish |
| I've just nearly had a car crash on 11:23 - Jan 11 by LeBlue |
Their fault as they were joining the carriageway and are therefore required to ensure it is safe to do so, this includes looking both ways. |
Incident specific details (witnesses etc), would be taken into account, but without such and fundamentally, then the view that the person coming out of the junction is at fault is correct. You can't just pull out of a junction. You've a duty to check both ways. Vehicles already on the carriageway have priority. | | | |
| I've just nearly had a car crash on 13:11 - Jan 11 with 2067 views | Pinewoodblue |
The thing to remember is liability can be apportioned between the involved parties. It doesn’t have to be just one person’s fault , it is known as contributory negligence.
Matters are resolved according to decisions made in similar cases in a higher court. Case law evolves over time. I have been retired too long to know the relevant case law but there will be one. |  |
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| I've just nearly had a car crash on 13:22 - Jan 11 with 1996 views | Pendejo |
| I've just nearly had a car crash on 13:11 - Jan 11 by Pinewoodblue |
The thing to remember is liability can be apportioned between the involved parties. It doesn’t have to be just one person’s fault , it is known as contributory negligence.
Matters are resolved according to decisions made in similar cases in a higher court. Case law evolves over time. I have been retired too long to know the relevant case law but there will be one. |
Agree this point.
There are a number of variables, including "inconsiderate parking" - even if legal doesn't make it considerate; hump of a hill, blind bend or close to a junction.
Given the recent changes substitute your vehicle for a pedestrian, and the balance of responsibility shifts heavily onto other driver.I
But it was a nearly, which hopefully means both drivers are more aware of the dangers. |  |
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