Accident Liability

[des3des]

Can any one tell me how liability is 'worked out' ? Eg, I'm edging forward out of my drive (turning right) onto a very fast (60mph limit, but who adheres to it?) country road. I have a blind summit to my left approx 120m away and to my right the road sweeps down hill, with a blind spot, hence the 'edging forward so I can see whats going on.

I check both ways (sun is slight obstruction to right), check again and as the major threat is traffic coming from my left I pull out keeping an eye that something isn't about to appear at the brow of the hill.

I get hit, drivers side. Driver says, "I saw you edging forward and thought 'No, he won't come out', then you were looking left and just pulled out.' "

Both cars are written off and I am being held 100% responsible for this accident. I don't know what speed the other driver was doing, if exceeding 60mph but I do know they didn't observe the 2 'SLOW' markings in the road. If they saw me edging out, as has been admitted, do they have to bear some responsibility for not reducing speed just in case I did pull out without seeing them?

[ugly_bob]

officially, no.
Unless they were breaking speed limit, and you can prove it, you're liable.
Actually, whereabouts on your car were you hit? This makes a difference to whose 'fault' it was.

[des3des]

They hit my side (drivers) door. The skid marks on road are right on the white line so obviously tried to overtake me instead of stopping or pulling in to left to miss me.

[Catso]

I'd say you were liable. You pulled out, from a 'Give Way', into oncoming traffic.

I realise that's not much consolation, nor very fair, when you have little choice but to pull out to see, but I would say that would how the law would view the case.

[jake-the-peg]

They're right unless you can find an independant witness to say they were driving recklessly or unless they tested positive for alcohol or some other factor like that you are responsible.

Tough but it happens all the time. It happened to me about 6 years ago.

Don't let it get to you as long as nobody was hurt it's just tin if you get wound up about it you'll suffer twice over concentrate on sorting out a replacement car and put it behind you.

[homerthegrea]

Sorry to say but Catso is right, you pulled out into oncoming traffic that had priority, you are 100% at fault all i can say is i hope you have your ncb protected otherwise your premiums will shoot up

[des3des]

thanks for your answers, it's like I thought. I had read of a similar case where it was decided that the claimant was driving without 'due care' and had to bear some responsibility.

However, my local council highways dept have confirmed that the 2 sets of 'slow' markings on the road are just there as a caution and can't be enforced.

Also, we have no hope of a reduced speed limit or any other type of traffic calming as it's an unrestricted road and has to follow the same guidelines set by government throughout the country. So we'll continue to play russian roulette each time we pull out of our drive. I am truly thankful that the vehicle that hit me was a car and NOT a motorbike; it would be a very different scenario.

[markja]

how long were mr 'no' s skid marks? the plod can work out speed from them sometimes.
as a different thought, how would turning left out of your drive and then turning right / u turning futher down where it's safer, sound? may be a pain, but less risky?

[Catso]

As an aside, I've noticed in recent years several people in my area, in a similar situation to you (with a driveway in a dangerous place) who've rearranged their garden and drive to get the pullout into a safer place. Not always possible though, and costs a fair bit of money.