car Accident help please

[timharry85]

Hi,

I just recently had an accident where I drove into the back of a 9 ton van. I know 99% of the time it is my fault, however the right hand turn had a slip road section for him to pull into. Now he decided to turn at the last minute, no indication and he was at a very tight angle so he was blocking the flow of traffic even though there was enough room in the slip lane, unfortunately before I realised he wasn't going to pull into this lane properly I tried to avoid him but couldn't. It was either a lamp post or to skim his van, I did try to stop but just couldn't in time.
He had an old gentle man in the van, who then got out and walked around, before I knew it he had gone back into the passenger seat and the driver of the Van called the police and asked for an ambulance. The ambulance came and the passenger complained of knee, back and neck problems. After about 20 minutes the passenger hobbled like you wouldn't believe into the ambulance, the paramedic a number of times rolled her eyes at me and also the police implied they did not believe him. The paramedic and police asked how fast I was going and I was going just under 30mph, so they said there was no way he could have suffered problems like this, the police then asked him if he was wearing his seatbelt to which he said no. I do believe they will now not have a leg to stand on? Also regarding the accident the police officer said he should have been in the middle lane, he suggested taking pictures of the road layout, the damage on his van and also my car. He did say the only problem was I had a clear line of sight however he should have been in the slip lane which had quite a large space to pull into. Any thoughts?

[bednobs]

my thoughts are to put all of this to your insurers and let them sort it out - that is what you pay them for. They will decide in conjuntion with his insurers who was at fault and make a ruling/payout accordingly

[redcrx]

my thoughts are that you should advise your insurers of any witnesses to the accident and give them all the info that you can.

I dont think youll get away with saying you couldnt avoid hitting them, though you may be able to prevent a payout of personal injury if your insurers are good enough.

[joko]

just to clarify...he decided to turn right, right at the last minute an swerved into the slip lane...and you had already gone into this slip lane...?

or did he pull in and then out again and you were still in the right hand lane but not turning right?

whereabouts did you hit it?

unfortunately you are supposed to be traveling at a speed that should the driver in front have to slam on for any reason, you can stop in good time...

[timharry85]

He went into the slip lane however was at a right angle so was half in the main lane and half in the slip lane even though it was clear.
I was travelling in the main lane of traffic, the police said he should have been in the slip lane and had plenty of space to do this, advised that he probably didn't indicate although the only problem is that I had a clear line of sight... they told me to take plenty of photos of the layout of the road...

[redcrx]

it doesnt matter if he wasnt using all the slip road or not, you are at fault as you didnt leave enough room to stop or avoid hitting him.

[ummmm]

Also....after being hit at approx 30 mph the adrenaline rush can stop you feeling any pain. I was knocked over with my 4 year old....I jumped up and ran to him and didn't feel a thing until i knew he was alright. Then the pain came....

[Charlie911]

"It is 100% your fault. There is never an excuse for driving into the back of a vehicle under any circumstance." (Doc I think... sorry can't remember arrghh!)

Sorry that is not correct I'm afraid. For example if the vehicle in front of you at a roundabout suddenly brakes hards and stops even though the roundabout is clear, like me, you will get away with it. Same when braking hard at a level crossing at the last minute. If "you cause the accident the fault lies with you" not the driver behind.