Crash! Boom! Bang! - Car accident, who's at fault?

[NothingOnButTheRadio]

Had a car accident earlier. Wondering what your thoughts are.

Car A had slowed down to turn into the first road on the right and was indicating.

Car B was turning left .

Not unusual to have a steady stream of traffic (lights further up the road.

Car A began turning. Car B ploughed into the side of Car A. Both drivers accusing the other. Both vehicles I'd think are write-offs.

Obligatory drawing - yes, I'm shit at drawing!

Car A

100% car B at fault

You were indicating, you were already in the road they were attempting to join.

The road was not clear for B to attempt the manoeuvre

@Chanjer

100% car B at fault

You were indicating, you were already in the road they were attempting to join.

The road was not clear for B to attempt the manoeuvre

But she had to cross a carriageway of traffic to complete her manoeuvre. Just because you indicate, doesn't mean you can just pull out regardless.

If the van was going fast enough to cause the damage it did, it must have already been pulling out of the junction before OP started turning.

She even says herself she hadn't actually stopped - she was indicating and turning (albeit slowly) all at once which isn't what you're supposed to do!

I would have thought Car A was at fault. Car B has priority as they are traveling on the main road, having seen that they were free to join the road in their direction of travel

They weren't free to join, there was a manoeuvre already underway

We don't know the extent of the damage, it's easy to write a vehicle off these days if you damage enough panels

This doesn't make sense at all. Transit Vans are nearly 6 metres long.... if the OP comes back, it would be interesting to have another diagram of the actual position and point of impact ie where in the road, where the car was hit. But going on what's been divulged so far, I think A is at fault here.

I don't get the drawing. Why is the van (B) on the left carriageway of the side road in the drawing? Had it turned off the major road or is it just a mistake in the drawing and he should be on left side and turning left?

So he went to pull out and turn left, and you were just going over the middle line and turning right and you collided?

As soon as he was on the major road, he had priority over you. So it's all about the timing. If you were already turning, he should have waited. If you hadn't turned yet and he was on just as you started turning, you should have waited.

Personally if I'd seen a van by the junction and turning out (whichever way), I think I'd have waited.

Sorry but that's what I'd have done. V sorry you're injured and had a horrid time :(

@Chanjer

They weren't free to join, there was a manoeuvre already underway

Not true as the manoeuvre did not impact them actually joining the main road.

Look at it this way if the side roads were further apart everyone would say car A was at fault, irrespective of the distance car A needed to give way to a car on the opposite carriageway which is what car b was, that they had just pulled out of a side road further up is irrelevant.

@lunalulu

I don't get the drawing. Why is the van (B) on the left carriageway of the side road in the drawing? Had it turned off the major road or is it just a mistake in the drawing and he should be on left side and turning left?

So he went to pull out and turn left, and you were just going over the middle line and turning right and you collided?

As soon as he was on the major road, he had priority over you. So it's all about the timing. If you were already turning, he should have waited. If you hadn't turned yet and he was on just as you started turning, you should have waited.

Personally if I'd seen a van by the junction and turning out (whichever way), I think I'd have waited.

Sorry but that's what I'd have done. V sorry you're injured and had a horrid time :(

The two roads on the right are completely separate side roads. Car A was turning into the first one and car B was coming out of the second one. Car B should have seen that car A was indicating and waited until she had completed her manoeuvre.

Not true as the manoeuvre did not impact them actually joining the main road.

Aside the collision and writing off of 2 vehicles?

For B to be at fault, A would have to prove that she was already well into her turn before B attempted his. Without proof of that, it'll be really hard for A to argue her case because the position of the two cars at the time of the accident suggests that B was driving on a main road and A crossed his path.

Assuming your SUV is a standard right hand drive, what speed was the van doing out of the junction to give you those kind of injuries from hitting your passenger side?

They weren't free to join, there was a manoeuvre already underway

Also not sure I agree. I suppose it depends on the precise timing but generally if you join a road and turn left, your concern is giving priority to the right.

No one can confirm one way or the other as none us were there and the details are not clear.

From description it sounds to me that either car b had a clear line of sight to their right so did not slow to turn and did not check their left causing the speed to be so high when car b hit car a or the distance was longer meaning they were already on the road picking up speed when a turned causing collision. Depending which of these it was different people are at fault.

Hope you have a speedy recovery!

I'd want images of the damage and a locus report before I gave formal advice either way.

Depending upon the distances involved, the exact layout, damage to the vehicles and any witnesses it could go either way.

Insurers might agree 50/50 if it is looking very controversial.

@Chanjer

They weren't free to join, there was a manoeuvre already underway

How do we know that? Indicating your intent to move isn't the same as undertaking a manoeuvre.

A is to blame for the crash, I think.

Car B comes down a side road and looks right to check no traffic on main road, so makes left turn onto main road. When you join a main road you don't expect another car to be right in front of you unless there's heavy traffic, and then you can still join if there's a gap.

Car B's junction was before car A's in terms of flow of traffic, so why wouldn't they go first.

Car A came from the left and crossed car B's path. Should have waited to see what car B was doing before pulling out, if no indicator then it was 50/50 whether they'd turn left or right, why risk it?

You can’t just turn left onto a main road without looking left!!!
There can be stationary traffic, a slow cyclist, a crossing pedestrian...

I would say that A is to blame. Irrespective of whether the van had pulled out of the side road, at the time of the impact both cars were in the main carriageway and A pulled across in front of B. They should have waited until it was clear.

According to the Highway Code B is to blame.

^Rule 172
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road^

^Rule 172
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road^

Is that referring to someone crossing the lane?

It’s what it says on the tin - traffic on the main road, ie vehicle A.

@VinylDetective
But car b is entering the main highway further up the road from where car a is crossing car b path. Car b would be waiting an awful long time for car a

@VinylDetective

According to the Highway Code B is to blame.

^Rule 172
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road^

But car A wasn't on the stretch of road B was joining. They were on the opposite side of the road, indicating their intent to turn and cross the lane of traffic B was joining.

It's not as simple as "A was on the road".

[quote Bargebill19]@VinylDetective
But car b is entering the main highway further up the road from where car a is crossing car b path. Car b would be waiting an awful long time for car a[/quote]
Yes, a massive amount of time - a few seconds. The Highway Code really couldn’t be clearer.