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

Car A were stationary and began a manoeuvre across the carriage

I said slowing to turn right, it's considered best practice to keep your car ticking over and leads to saved fuel money.

@ConquestEmpireHungerPlague

The lack of consensus on this thread is certainly eye opening.

It certainly is.

Anyway...
I am guessing that B saw a gap in the traffic coming from the right and decided to pull away in front of Car A who was coming from the left and slowing down ready to turn right.
I'm also guessing that car A was travelling considerably somewhat faster than B thought they were, and as they were turning they cut the corner, right into B's path.
I am also guessing that if A hadn't cut the corner because they were going too fast, then B would not have driven into them, but would have been able to go round behind them.

All supposition of course

OP did you pull out from behind a construction van as that’s what the other thread pic is showing

@Oysterbabe

My town has a bee housing estate built off a main road, the in road and out road are separated by a small strip which has been landscaped because the developers werent allowed to cut down a tree. It's a very small gap, and you need to pay attention when turning in or out to make sure no one else is turning and crossing your path or you crossing theirs.

If these roads and a car length or 2 apart then if OP started to turn and then car B pulled out and turned onto the road then A would already be fully across the road when B upped their speed on the turn and went into them, because he didnt look both ways.

But sorry to hear your injuries OP, hope you recover speedily.

Car A as Car A needs to wait for a clear road before turning. There is no right of way. It was up to Car B to give way or not but he/she doesn't need to..

Keep us posted op...

Car B would already have been on the main road, and A turned across their path?

Car (van) B must have been going some speed to cause that much damage to both vehicles and OP, they can't have fully assessed the junction before pulling out. It sounds like car A started their manoeuvre first not expecting a van to dart out from the side road into the main.

I suspect the insurance would say it's 50/50.

Hope you have a quick recovery op.

I said slowing to turn right, it's considered best practice to keep your car ticking over and leads to saved fuel money.

Surely if you're making a manoeuvre that involves crossing a lane of traffic, you should stop unless you're 100% sure it's clear?

I suspect it will go 50:50 because it's not clear cut enough. It's more expensive for the insurance company to fight over liability than just go knock for knock in many cases

Depends on how close the two side streets are.

If close together, then B is at fault, as should have seen A coming.

If the side streets are further apart, then A is at fault at should have seen B coming along the road.

I guess the insurance will say 50:50.

@vanillandhoney

If car B was aggressive I’d say he knows he’s at fault.

While his behaviour is shit and I'm not at all defending him, sometimes people get angry when they're scared. If he's just had a car turn into his path and has smashed into someone, I imagine he's going to be pretty shaken up.

OP I'm sorry you're hurt - fingers crossed for a speedy recovery

Yes, but some people are arseholes.

Op needs to clarify who moved when and how close the junctions were!

I was trickling forward - it's a done thing as it's a busy road. He would've seen this, and my early indicator.

So, IMO, he wasn't paying attention. The distance between the two roads is around 3m.

If the roads are that close together then it sounds like you've both moved off at roughly the same time, with A being closer she managed to get across that side of the road before B could, so B went into the side but with both manourvering at the same time. One slowing down into a turn and one speeding up out of a turn.

I would say A because you didt have right if way and should have waited for a clear road, which includes looking for anyone turning straight onto it. But I'm thinking this will come out as 50/50.

It is not true that a child is never at fault, the burden of proof is very much on the driver as the pedestrian is more vulnerable but that does not take all responsibility from the pedestrian ,child or otherwise. I used to be a solicitor running RTA claims and had a case just like this. The parents were found liable.

Where is the other thread @Coldwinds?

@NothingOnButTheRadio

But you must have also seen him indicating and waiting to space to pull out, so if you're saying that he waant paying attention and anticipating what you would do then that also applies to you doesnt it? You werent paying attention to him or anticipating him.

The thing is, for this accident to be as serious as it sounds like, car or van B must have been really established after their turn onto the main road and travelling at some speed, rather than at a 5/10mph just pulling away situation. In which case I would really think they had priority and car A pulled turned across the carriageway into their path.

Hope you recover well OP

I have a feeling that fault with found at 50/50 at best - him for pulling out without looking and you for pulling across a car that had right of way (even if he didn’t). I would say that logically he clearly was only looking to his right and didn’t check the left was clear before pulling out, but I’m not sure the insurance will see it that way.

So, IMO, he wasn't paying attention. The distance between the two roads is around 3m.

Had you seen him but presumed he wouldn't pull out in front of you?

I was trickling forward - it's a done thing as it's a busy road. He would've seen this, and my early indicator.

But if you're going to be crossing a lane of traffic, you need to stop if it's not safe, regardless of how busy it is. You can't just "trickle forward" and hope people stop for you to cross their path.

I would say Car B was at fault, but you're going to have a fight on your hands if he was already in your face at the scene when you were clearly badly hurt.

If car B 'ploughed into the side of car A' then they were wrong - they should have stopped as they were turning out. Car A was clearly already there...

You never admit fault - leave that to the insurers.

I'm amazed he managed to build up so much speed in 3 metres to do that much damage. What they do on the road cops programmes is check the brake lights to see whether the car was braking. I wonder if he saw you at all and was just accelerating into you.