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My car was hit by a lorry. Who is at fault here?

328 replies

Trexraaa · 11/04/2024 11:06

I approached a junction with a lorry waiting at it. I thought the lorry was going right due to its positioning on the road. I know they have to go wide but this guy was literally in the middle of the road. He wasn’t indicating. I’m going left so I pull up on the left side of the junction where I am now side by side with the lorry. I am stationary and checking left and right for a gap to go. The lorry then decides to go left and crashes into the side of my car. I must have been in his blind spot for him not to see us. That’s my car written off but at least we are all ok. Am I at fault?

OP posts:
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TheNurdnugget · 11/04/2024 16:02

enchantedsquirrelwood · 11/04/2024 15:52

They should however be watching their rear and near side mirrors to watch for people coming up their inside - particularly cyclists who have a death wish around lorries and buses. If you know you can't see, you make sure you watch people approaching.

As an example if I overtake a bike and then want to turn left, I check my nearside mirror several times before turning to make sure they've not caught me up if I am slow moving.

If a HGV driver is at a junction of a single carriageway road. He/she is looking left and right at traffic on the road they are turning into. You would not expect someone to squeeze up the side of you on a road that is not designated to have anyone at the side of you. To then check your mirrors before you pull out into another road erodes into the small time window you have. In the time you've checked your side mirrors anything could have changed on the main road. Road users not taking the Mick and giving larger road users space to make a manoeuvre is better practice.

Topseyt123 · 11/04/2024 16:01

I'd say that you were at fault. Big time I'm afraid, but lets just be glad that you and your child were not injured or killed.

The lorry could have crushed you both. They need a lot of space to make turns safely, especially if it is an articulated truck with a long trailer. They have enormous blind spots and cannot look into all of them fully when out manoeuvring on the road, especially up the inside on the left. That is why many do now have notices printed on the back of them to remind other drivers and cyclists.

As for whether it was indicating or not, maybe it was or maybe it wasn't. Lorries' indicators can often be in the very top and/or bottom corners of the rear of the trailer, so not always the easiest to spot. You really need to have your wits about you.

The lesson to take from this is to give them space, and NEVER go up the inside of them. If it turns left then the trailer can clobber you and crush you. If it turns right then the trailer may still initially swing in towards you in a way you might not be anticipating. All because of the amount of room they need to make the turn.

You've learned a harsh and expensive lesson this morning and I am very glad everyone is OK. You will learn from it and you won't make that mistake again.

There are times in everyone's driving career when we do something daft and realise how lucky we have been and how a guardian angel must have been watching over us that day. Luck and guardian angel were with you today so be glad of that.

gettingbackonit23 · 11/04/2024 16:00

My latest no fault accident was earlier this year so maybe I will get a nasty surprise when I come to renew my insurance in the summer.

CormorantStrikesBack · 11/04/2024 15:58

enchantedsquirrelwood · 11/04/2024 15:52

They should however be watching their rear and near side mirrors to watch for people coming up their inside - particularly cyclists who have a death wish around lorries and buses. If you know you can't see, you make sure you watch people approaching.

As an example if I overtake a bike and then want to turn left, I check my nearside mirror several times before turning to make sure they've not caught me up if I am slow moving.

There’s an excellent video I saw once of the view from a stationary lorry. They positioned something like six cyclists in a bunch on his nearside and you couldn’t see any of them.

it’s all very well saying driver should look in the mirror for approaching vehicles but at some point they have to look forward at the traffic/junction in front

gettingbackonit23 · 11/04/2024 15:57

Hmmm, they told me they wouldn’t but yes maybe I’ve been lucky. I didn’t make a claim at all - everything was covered by the other insurers. I can imagine it’s different if eg I were to claim for a courtesy car from my own insurer.

RedHelenB · 11/04/2024 15:57

I think it will be a 50/50 as regards insurance.

Pleiades2020 · 11/04/2024 15:56

I expect you're at fault. You effectively undertook at a junction and caused an accident. The highway code says that lorries need more space and don't always go the way you expect them to. And I don't think you need to indicate left if turning left.

enchantedsquirrelwood · 11/04/2024 15:55

Premiums go up if you even tell your insurers about an accident, even if you don't make a claim. You are very lucky your premiums haven't gone up as a consequence.

gettingbackonit23 · 11/04/2024 15:53

enchantedsquirrelwood · 11/04/2024 15:50

Personally I think it's at least partly the HGV driver's fault. Blind spot or not, you check. That's why they have mirrors and have a professional driving licence.

However, you have to be a dipstick to go up the inside of a lorry. You are lucky to be alive.

Also - does it actually matter whose fault it was? Your insurance premiums will go up regardless.

Edited

They don’t (or shouldn’t) go up if it was not your fault. I’ve had two no fault accidents in the past 4 years (I’m unlucky 😂) and my premiums have not gone up. The value of my car has no doubt gone down though 😔

enchantedsquirrelwood · 11/04/2024 15:52

CharlotteBog · 11/04/2024 15:39

It's my understanding that even with mirrors an HGV driver cannot see all the blind spots. What are they meant to do? Get out and check?

OP is entirely in the wrong here.

They should however be watching their rear and near side mirrors to watch for people coming up their inside - particularly cyclists who have a death wish around lorries and buses. If you know you can't see, you make sure you watch people approaching.

As an example if I overtake a bike and then want to turn left, I check my nearside mirror several times before turning to make sure they've not caught me up if I am slow moving.

gettingbackonit23 · 11/04/2024 15:51

See what your insurer says. Usually when a moving vehicle hits a stationary one, they are at fault but you should never do what you did and sneak up the inside unless he’s very clearly indicating right (and even then don’t do it). They might hold you both to blame and share the liability. I’ve driven a big van before and was terrified that I couldn’t see what was happening lower down so just don’t make it harder for drivers of large vehicles by making moves like that.

JimBobsWife · 11/04/2024 15:50

I think OP is getting a hard time, having seen the picture. Yes, it's a single lane but arguably it forks left and right, it's an unusual shape at the exit point. I may well have done the same thing. Not sure why the lorry hadn't positioned himself angling left as the road shape seems to suggest that would have made an easier turn for him.

enchantedsquirrelwood · 11/04/2024 15:50

Personally I think it's at least partly the HGV driver's fault. Blind spot or not, you check. That's why they have mirrors and have a professional driving licence.

However, you have to be a dipstick to go up the inside of a lorry. You are lucky to be alive.

Also - does it actually matter whose fault it was? Your insurance premiums will go up regardless.

LittleLegsKeepGoing · 11/04/2024 15:45

Trexraaa · 11/04/2024 12:55

I was always taught to check my blind spots and mirrors before moving off but I’ve never driven a lorry..

@Trexraaa just some friendly advice.

Basic rule of thumb with large vehicles, if you can't clearly see their side mirrors - they absolutely cannot see you at all. If you're on their left you also need to be able to see the driver in your wing mirrors before you can reasonable consider that you're in their line of sight...plus factor in foreign vehicles so being cautious and letting that be a rule of thumb is generally the safest way to go.

You're not the only new driver to be caught out by apparent customs of local roads, like both sides of a single lane being used to turn left/right. Or for that matter, be the only new or experienced driver to not consider the extra need for caution around larger vehicles. Nor will you be the last so don't chastise yourself too much.

You've had a hard and expensive lesson, but fortunately no one was badly hurt.

CharlotteBog · 11/04/2024 15:39

It's my understanding that even with mirrors an HGV driver cannot see all the blind spots. What are they meant to do? Get out and check?

OP is entirely in the wrong here.

Lovemusic82 · 11/04/2024 15:38

You were at fault, you made a bad decision 😬, he couldn’t see you as you were in his blind spot, you should have waited for him to pull out before moving up. People make mistakes and I’m sure you will learn from it and will give lorries a wider berth from now on. At least no one was hurt.

Moonlightdust · 11/04/2024 15:38

A sort of similar thing happened to me, however the lorry in question had just reversed into the road I was driving down (right lane so was on wrong side of road). It looked like it had parked there (I thought loading) so I continued past it to the junction indicating left when it pulled across the road diagonally and crushed me. My car was a write off too. The driver however did not stick around for police to show up. His company admitted fault and paid out in the end.

Itloggedmeoutagain · 11/04/2024 15:17

LlynTegid · 11/04/2024 14:07

Glad everyone is OK. I cannot see how a stationary vehicle can be at fault.

The stationary vehicle is at fault because when the lorry pulled up to the junction the stationary vehicle was not there
The car pulled up into the lorry's blind spot in a single lane alongside the lorry only then was it stationary.
Car driver 100% at fault. Lorry was already in the single lane. Car should have waited

CustardySergeant · 11/04/2024 15:15

Soccermumamir · 11/04/2024 11:22

Was he not indicating?? 🤔

It says he wasn't in the first post.

Hankunamatata · 11/04/2024 15:12

Sorry op but your at fault. Rule 221 of the highway code. There's a picture showing how lorry turn. My dad tonight me about lorries, buses not driving instructor. Always hold back and never go up the side of one as they cannot see you

Tbry24 · 11/04/2024 15:11

Are you a new driver? My partner can drive trucks it’s amazing how far back you need to be for them to be able to se you in mirrors. You need to always stay behind and give them a ton of space so at least two cars worth sides back front etc otherwise cannot see you are there.

mrstea301 · 11/04/2024 15:11

It's in the Highway Code that you need to allow larger vehicles like lorries plenty of turning space as they need lots of room to swing round. This is on you I'm afraid. You can't assume what way someone is going then get annoyed when they don't do what you expect - if you're not sure, hang back!

amusedbush · 11/04/2024 15:06

Silvers11 · 11/04/2024 15:00

Looks like a roundabout from Op's picture!!

To be fair, it's not a very helpful photo but it looks like most of the junctions on more rural roads around here.

Anameisaname · 11/04/2024 15:02

Sorry I should have RTFT!

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