Which car is at fault? (with diagram)

[RunningFromInsanity]

No actual contact made so just hypothetical-

Car A pulling out of side road, directly opposite the junction is a construction van parked with hazards on.
As Car A pulls out, Car B pulls out to go around the parked van.

If we had hit, who would be at fault?
Car A was pulling onto the main road, Car B was on the wrong side of the road.

I think Car B is wrong. Car A is on correct side of road.

Car A would have to take some responsibility as going from a minor to a major road and would be able to see the obstruction and overtaking car. Not that Car B is necessarily "right", I think you'd find insurers would argue this was 50/50

I have a gut feeling it's A at fault, pulled into the carriageway when not clear path. Could be equal fault situation on logic that both proceeded without clear road, but pretty sure A would be deemed more at fault.

I would say car A are at fault as they are on the main road.

Car A is at fault. When moving on to a new road, the vehicles already on that road have right of way.

A is in the wrong the give way lines it crosses indicate that it has to give way until the carriageway is clear, B's carriageway is clear until A pulls into it across said give way lines.

Car A is at fault on this one, you have to give way when turning off a minor road into a major. Although insurance may go 50/50.

Both. Car A could see the obstruction and should have anticipated the need for traffic to pull around. Car B should not have proceeded until the road was clear.

Both, I think.

The construction van for parking opposite a junction .

Car A needs to give way to any traffic on the main road. Car B was on the wrong side of the road but they were already on the main road so have priority.

Car B.

As drawn, possibly 50/50.

Car A should ensure they are safe to leave a minor road when joining a main road.

However, car B is overtaking a parked vehicle, and so has an obligation to ensure it is safe to do so. By definition if there is a junction with a car waiting to turn out, they should be prepared to stop even if they have right of way.

A lot would depend on when each driver started their manoeuvre in relation to the other, and that's not clear from the diagram or the OP.

Was this inspired by the other car crash thread? When I read that one, it made me think of this scenario as well.

Is this your second thread on this as there is another one going at the moment exactly the same.

www.mumsnet.com/Talk/am_i_being_unreasonable/4061398-crash-boom-bang-car-accident-who-s-at-fault

I would say the construction van should be at fault for parking in such an idiotic place

Impossible to say without knowing who had moved out first. Car A looks initially at fault but if they moved off first before car B decided to overtake the van then car b is at fault.

Car A, as pulling from minor to major road, provided B had made all reasonable observations before starting to go round the parked vehicle. If B couldn't demonstrate they had checked properly, you might be able to argue contrib, 25-50% at best. I wouldn't willingly concede anything if I was acting for B though!

@Coldwinds

Is this your second thread on this as there is another one going at the moment exactly the same.

No that thread just got me thinking about this situation that happened to me

Car A, it should have waited for either side of the parked van to be clear.

I’m Car A obviously.

I looked left - road was clear, looked right- road was clear. So pulled out whilst turning to look left again, and Car B had pulled out in that split second.

No actual contact, both cars brakes and no harm done, just got me thinking about if we had collided.

OP what an utterly pointless thread

Sounds a lucky escape, more the construction vans fault that anyone tbh, although you would probably be held responsible, if you was lucky the insurance might go 50/50, there's really not a lot you can do if you looked and it was clear.

@Coldwinds

OP what an utterly pointless thread

Yes but I provided a diagram