Who is to Blame

[Neen]

I had a car acccident earlier today and am asking advice of who is to blame. I was turning right on to a busy road. I checked my right and no-one was coming so edged out then was looking at my left to wait to go a bus stopped and flashed its lights for me to go so i thanked him then as i turned i hit an oncoming car who was in the middle of the road and trying to go around me as i was waiting to pull out. He blamed me for not looking but surely he was in the wrong for trying to drive around me.

[gary baldy]

When you say on coming - what direction?

[Neen]

he was coming from my right hand side trying to drive around my car to get passed as i was across the right hand side of the road.

[Paul22118]

Neen I think you have to look at this in a negative way and apportion blame thus.

There are three of you involved - the bus, you and another. The bus wrongly flashes you out and you wrongly interpret his flash to mean come out. It should only be an indication that he is there. You are joing that road not them joining you. Therefore due car must be exercised by you as a right turn is being commenced. The last direction to look before commitment is to the right as that is where the last danger point will be. So even if you takes the bus' invitation the third corner of the triangle Mr a n other is about to be presented with a car coming from his left at 90 degrees, who he has not invited out but to him it would seem has just emerged with no safety in mind. You then go into his car and an accident happens.

I think the bus should keep his illicit flashes for dark and sharp bends - you should only enter a major road when clear, meaning there is a safe passage on offer and the third car should luxuriate in your insurance companies payout.

PS why on earth should he be in the wrong by trying to avoid a car that is now trying to cross his path from a side road?

Put it down to experience. Keep safe in the future and keep flashes for bonfire night.

[Grunty]

I was looking forward to answering this one, but Paul has said it all.

Personally I never give a 'go ahead' signal and I never react to one given by anyone else (except properly uniformed people of course).

[lady_p_gold]

Even if someone is indicating to turn left or right in error it is still your fault I believe as you are supposed to be alert to any 'malfunction' by another driver. I wonder why you were edging out if there was a bus coming, I think this is where the problem has started, your way was not really clear and you were perhaps relying on the goodness of oncoming traffic to let you out.

[dilligaf]

Undoubtedly if at a major junction there were double broken white lines which mean "give way " you didn't.

The Highway Code advises look right left then right again before emerging. You didn't look right again (where the immediate danger is)

Contrary to what Grunty said. flashing lights is not " a go ahead" signal. Flashing the lights is to tell another road user you are there.

Sorry but you are in the wrong..
How many times have you been driving along a main road and a car starts to emerge from a minor road on your left with the driver looking to their left. Not a pleasant experience.
Sorry about your accident but try to learn by your mistake.

[Gef]

Sorry to hear about your accident neen but, I think, as others have already said that you are to blame.

I have a similar problem every morning when I have to edge out to turn right on to a main road, often with visibility blocked by illegally parked vans.

I wait until a driver approaches from my right, stops and flashes me. I take this to mean yhat I can pull out in front of him which I do. However, I then look to the left and wait until it safe to complete my right turn.

[Grunty]

dilligaf - flashing lights is recognised by many people as a 'go ahead' signal. They are wrong to do so, and that is one of the reasons that I do not use it. I had no intention of implying that it should be recognised as such a signal. I make my own driving decisions and take responsibility for them. I expect others to do the same.

[ursula62]

My bike instructor told our class that all a flashing light tells you is that the bulb is working - it says nothing about the intentions of the driver of the other vehicle.

[Neen]

Come off it everyone you no that when someone flashes you it means they are letting you go the other bloke was in wrong he was on the wrong side of the road! I was taking up his whole lane trying to get out and he tries to swerve around me rather than do the sensible thing and stop and wait for me to pull out.

[Grunty]

Neen - please feel free to believe that if it makes you happy.

[spaced]

Neen, if you think this, then why bother asking for advice? Like previous advice, check your highway code regarding the use of your lights. You should not take this as someone allowing you to go.

You should always look and double check before going.

[Neen]

I now have the correct answer according to my insurance company. If the other driver was on the wrong side of the road it was his fault but if he wasnt and i hit him its mine. Therefore he was in the wrong.

[dilligaf]

Sorry...no longer understand what happened, in your original question the driver was in the middle of the road, now he is on the wrong side. But he was still on the main roasd and you pulled out in front of him, or has that changed also ?

All readers should now realise the importance of getting the facts right at the scene of the accident.

[Gef]

Neen, I'm afraid it is not as simple as that. Unless you have the names and addresses of independent witnesses then it is your word against his. Same thing applies to the other driver.

[Neen]

The bus driver was my witness just waiting for him to call me back. If it is not decided it will be split liability where we both pay our own damages.

I didnt pull out in front of him, I was already accross the middle of the road before he was coming down the road. The road was clear when i pulled out.

[Andy Boz]

I would say that you are both to blame, although given the facts as stated, I would find in favour of you.

From what you have NOW stated, you were already well into the turn, across one lane, and starting to turn into the far lane, and Mr Bus gives you a flash (rightly or wrongly) to indicate he will wait for you.

At this point you should have checked again to the right, but I don't think anybody on this board would expect a driver to be going round the front on the wrong side of the road. You stated that no-one was coming, so presumably he had plenty of time to see you and slow, but instead he chose to manoeuvre round you, into the oncomiing lane, presumably the bus was a little way down the road.

I would be very careful how you word your statement to the insurance company.

[Neen]

Thank you Andy Boz i have expalined to the insurance company and they seem in my favour but will have to wait. It just depends if the other bloke admits he was in the wrong part of the road he said he was stationary but im sure he was lying and if he was he was still in the wrong part of the road. I cant see how i can be to blame if there is someone obstructing your side of the road you stop and wait for them to move not manovure around them.

[lady_p_gold]

Whatever happens its a 'no claim' bonus not a 'no blame' bonus that you can lose

[Toureman]

Hi,

According to your's and your insurance company,s interpretations of the cause of your accident I would suggest that you inform the government to remove all give way signs so making it quicker to drive around this country.

Just admit you made a mistake and take the consequences and hope your escape charges of careless driving.!