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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car accident on roundabout - who's at fault?

46 replies

RoundaboutRacer · 24/06/2022 12:31

I can add a diagram if needed.

Who's at fault in this situation.

Driver in outer lane of roundabout starts to leave roundabout at the exit they're indicating to.

Then after starting to exit changes their mind and swerved back onto the roundabout, in front of another car who wasn't going to exit the roundabout. So the front of that car went into the side door of the swerver.

Swerver is claiming it's not his fault as the front of the other drivers car went into the side of his car.

It's very obvious who made the error. But what's the legal take please if anyone knows?

OP posts:
RollOnWinter · 24/06/2022 12:34

I would have said it was the fault of the person who changed their mind about exiting the roundabout

RedCarsGoFaster · 24/06/2022 12:35

Diagram. Too unclear from desc.

Any drivers using indicators?

tiredanddangerous · 24/06/2022 12:37

Well it sounds like the driver who changed his mind swerved in front of another car? Is that what happened?

DownNative · 24/06/2022 12:37

It is the fault of the swerver who should have turned off the roundabout as they were indicating, carry on and THEN turn around at a safe place in an appropriate manner to go to where they wanted to go when they changed their mind.

It is unreasonable to expect the driver behind to know the swerver has changed their mind last minute. Driver behind is not at fault.

MrszClaus · 24/06/2022 12:37

Is there dash can / video footage? Otherwise would it go 50/50, as there's no proof they were exiting and changed their mind? A diagram would be helpful, in my mind even if someone is exiting the roundabout in the outer lane changed their mind I can't see why the car in the inner lane would be going into the side of them, unless the car in the inner lane was out of their lane too?

Jott · 24/06/2022 12:39

A vehicle already on the roundabout has priority over a vehicle who has not yet joined, exited, or partially exited. You had priority, the other driver should not have cut back into your lane/swerved over and their indicator was misleading. Do you have dashcam footage?

Afterfire · 24/06/2022 12:39

Well it’s the person who changed their minds fault isn’t it… they can’t expect the person coming round the roundabout to suddenly make a space for them if they change their mind at the very last minute.

TimeForTeaAndG · 24/06/2022 12:39

Whilst I can see the exit driver being at fault I can also see the one who hit them at fault as you should always leave a gap so as not to collide with a vehicle in front of you. Though I appreciate on busy roundabouts it can be a bit of a mission to even have a chance to get onto it never mind leaving a big gap.

The exiting driver shouldnt have come back onto the roundabout without checking it was safe to do so.

Jott · 24/06/2022 12:40

I can't see why the car in the inner lane would be going into the side of them, unless the car in the inner lane was out of their lane too?

I presumed the other car either swerved over into the inside lane or the car on the inside lane was crossing over on the approach to their own exit?

FemmeNatal · 24/06/2022 12:41

RoundaboutRacer · 24/06/2022 12:31

I can add a diagram if needed.

Who's at fault in this situation.

Driver in outer lane of roundabout starts to leave roundabout at the exit they're indicating to.

Then after starting to exit changes their mind and swerved back onto the roundabout, in front of another car who wasn't going to exit the roundabout. So the front of that car went into the side door of the swerver.

Swerver is claiming it's not his fault as the front of the other drivers car went into the side of his car.

It's very obvious who made the error. But what's the legal take please if anyone knows?

How did the car from behind end up at the same place as the exiting car returned to? Did they change lanes to get there?

picklemewalnuts · 24/06/2022 12:42

In theory, you should never drive into something in front of you. You should be slow enough and have a big enough gap that it doesn't happen.

That said, it's not always foolproof. If a car pulls across at just the right angle, they can just about manage to hit the front of your car with the side of theirs.

GylesBrandrethNewJumper · 24/06/2022 12:43

Lots of roundabout accidents around these pages recently

MrszClaus · 24/06/2022 12:47

Jott · 24/06/2022 12:40

I can't see why the car in the inner lane would be going into the side of them, unless the car in the inner lane was out of their lane too?

I presumed the other car either swerved over into the inside lane or the car on the inside lane was crossing over on the approach to their own exit?

This was what I was thinking, but if the exiting driver has got back into the roundabout then they can't have exited very far (otherwise they'd be reversing?) so the other can shouldn't have moved across lanes until it was totally clear? For them to hit the side of the car, surely the exiting car was in front of them and they should have left a gap before moving across lanes? Definitely need a diagram 😂

RedRobin100 · 24/06/2022 12:50

We don’t know the extent to which the exiting driver had actually left the roundabout and re-entered.
It cant have been that much if they were able to turn back on and stay in lane?

i think Highway Code would technically still place [some] responsibility with the driver behind who should be leaving sufficient breaking distance..

it would be a different matter if the exiting car had entered the roundabout too early and was hit

ExhaustedButHappy80 · 24/06/2022 12:52

Was the car behind also in the outer lane, but just not exiting? People are mentioning inner lane but I can’t see where it says that.

sounds like it could go 50/50…. They shouldn’t have swerved but there should have been an appropriate safety gap to allow response time.

user143677433 · 24/06/2022 13:00

Depends on whether the “exiting” car had actually left their lane and “swerved back in” or if the other driver had left their lane prematurely, entering the lane still occupied by the “exiting” car.

in other words, if you smacked into the side of another car while you were moving lanes, then that is your fault. You put too much faith in their indication.

ErinAoife · 24/06/2022 13:05

Happens to me, car in outer lane damaged side of my car when changing his mind about exit roundabout, lucky I had a dashcam which has recorded everything so the fault was in the other car no contest but without the dashcam it will have been hard to prove

Babdoc · 24/06/2022 13:06

RedRobin, I love the “breaking distance”. Is that the bit where you hit another car and break it, after not leaving enough braking distance?! Grin

A580Hojas · 24/06/2022 13:08

user143677433 · 24/06/2022 13:00

Depends on whether the “exiting” car had actually left their lane and “swerved back in” or if the other driver had left their lane prematurely, entering the lane still occupied by the “exiting” car.

in other words, if you smacked into the side of another car while you were moving lanes, then that is your fault. You put too much faith in their indication.

The OP says exactly what happened! So clear.

BrambleyHedge · 24/06/2022 13:11

Roundabouts often seem to be 50/50 whatever the fault. I went into the side of someone who cut me up as I exited a two lane roundabout. We argued for over a year and it was 50/50.

VelvetSpoon · 24/06/2022 13:18

DownNative · 24/06/2022 12:37

It is the fault of the swerver who should have turned off the roundabout as they were indicating, carry on and THEN turn around at a safe place in an appropriate manner to go to where they wanted to go when they changed their mind.

It is unreasonable to expect the driver behind to know the swerver has changed their mind last minute. Driver behind is not at fault.

I'd agree with this interpretation.

The driver who changed their mind about taking the exit needed to carry out proper observations before swerving back onto the roundabout - if they had, they would have seen the other car and realised it was an unsafe manoeuvre and to continue on the current path and turn around at a safe place.

A significant number of collisions could be avoided if only people looked around them properly!

bloodyunicorns · 24/06/2022 13:24

It sounds like the fault of the person who swerved back into a different lane. He should have checked the lane was clear and he had space.

Beautiful3 · 24/06/2022 13:46

I think that without a dash cam, it would be put down as 50/50. As there's no hard evidence as to who's at fault. You learn as a driver not to trust people's indicators. The amount of times I've been tricked by a cars missleading indicator. It's just been used previously and forgotten about. I don't trust other cars, and stay a good distance away.

BobLemon · 24/06/2022 14:06

The swerver has changed lanes (or tried to) right? Of course it’s their fault. Reminds me that I should really get a dashcam.

coffeecupsandfairylights · 24/06/2022 14:10

The swerver is at fault. If you change your mind, you can't just swerve back - you need to continue on your way and turn around when safe.