Junction priorities

[Catso]

A hypothetical question, this, I haven't had an accident!

A t-junction, with minor side-road joining major. Car wanting to turn right out of side-road, nothing on main road to left, but traffic coming from right. First few cars in oncoming traffic are signalling to turn left, into the side-road. Given that, there's plenty of opportunity for the car turning out of the side road to safely pull onto the main road.

But, a car behind those on the main road which are turning right decides to overtake them.

So, if the car on the side-road pulled out, was on the left-hand side of the main road, and the overtaking car hit them, who is at fault?

Pulling out into oncoming traffic is wrong, but equally so is overtaking when something is coming. Both drivers believed it was safe to do what they did, but neither could necessarily see the other when they started their manoeuvre.

[Orangesauce1]

It is always the priorty of the main road over the minor! you must allow for all manovours of the road users unfortunately this means over taking! sorry but its a bummer... sometimes special allowances may allow a 50/50 but unlikely as the car overtaking has the right to do so (unless road marketings state otherwise) work in insurance boo!!! and asked clkaims handler

Does that help? if wrong please tell me

[goldmember81]

I can see Orangesauce's argument but at the moment of impact both vehicles would now be traveling along the major road (albeit in opposite directions) therefore the driver who is overtaking the vehicles turning left is at fault as it is their responsibility to ensure the road ahead is clear to overtake.

[Catso]

Exactly, goldmember8!

So you see the quandry.

BTW I haven't had this accident, I was just curious as to what the outcome would be if it happened.

[Buenchico]

This is one which lawyers could argue over for ages. If it came before a court for settlement, I suspect that about 85% liability would be attributed to the overtaking driver and 15% to the right-turning driver.

Anyone who's been on an advanced driving course (or even just had a decent instructor for their basic training) should know that you should never overtake a queue of cars waiting to turn left, for the very reason which your question illustrates. (I suppose, however, that it might be acceptable if you happen to know that the road off to the left is a one-way street and there are also no other problems with restricted visibility). So the driver of the overtaking car would be making a 'forbidden' manouevre by any reasonable standards of safe driving.

The right-turning driver, on the other hand, would be wisest to 'exercise due diligence' when making the turn (in the same way in which, at traffic lights, you should always check for traffic crossing your path even when you've got the signals in your favour) but he is not specifically making a 'forbidden' maouevre. Thus, I believe that the majority of the liability would be attributed to the overtaker.

Chris

[Toureman]

Both drivers would be at fault.

The driver who pulled out of the side road would be about 90% to blame as he pulled out when the road was not clear but the driver on the main road was overtaking whilst approaching a junction perhaps 10% to blame.

Both drivers would be charged by the police for, at the least, careless driving.

No quandary!

[Catso]

The answers seem equally split both ways, so far...

Toureman, how far away would the oncoming main road traffic have to be before you would consider that pulling out onto the main road was safe? As goldmember8 says, both vehicles could be completely on the main road.

Personally, I think Buenchico's answer the most reasonable and realistic, so far.

[Grunty]

As usual, the Highway Code gives the answer. It says 'Do not overtake where you might come into conflict with other road users. For example when approaching or at a road junction...' This requirement is absolute - there is no excuse. For the other driver, the Code says 'You should not cross or join a road until there is a gap long enough for you to do so in safety'. In the circumstances you describe, the driver turning right could claim that the overtaking car was travelling so fast that it was not in sight when he started to turn. The police are able in many cases to reconstruct an accident and prove that point. Unfortunately resources only allow them to do so in very serious cases, e.g. when the accident is fatal or where a police driver may be at fault.

[Catso]

I never thought of looking at the HC! Thanks, grunty, that seems to be most emphatic.

[ianess]

Best advice ever given is to expect the unexpected.
Never rely on other drivers' indicators, and always be on the lookout for some idiot trying to kill you.
The other driver shouldn't have been overtaking at a junction.........but..........maybe you could have foreseen the possibility.
Joys of motoring..........be careful out there!

[snoopydog123]

the ultimate law of the land on this is the duty of care .
both drivers have a duty .
to make sure it is safe and it is legal and it is necessary
!!
in order to preserve life we must make sure of the above.