Who's wrong? (pics included)

[autienotnaughty]

Hi wondering if you can clear this up for me.

So to set the scene. Busy road with a doctors on one side and school on the other. It's a 30 limit. Car A is going too fast for the situation but not necessarily over speed limit. Possibly 25-35. Car B is infront of Car A. Car B indicates left and starts to pull round. Car A pulls around Car B as it turns. At the same time Car C pulls out, Car C can see car B but can not see any cars behind Car B. Car C thinks when Car B turns left it has time to turn its self. Car A hits Car C.
Car A says Car C is at fault as he should not have turned when the view was blocked.
Car C says Car A is at fault as he was driving too fast and should not have over took Car B.

Who's at fault?

A, I'd have thought from that that A went into the side of C. Overtaking a car that is pulling into a junction is stupid. That couple of seconds waiting would have prevented the accident happen. I agree with the poster that said some junctions are impossible to get out of unless someone else pulls in. If they'd checked the other lane then they wouldn't expect C to be on the wrong side of the road?

www.theinjurylawyers.co.uk/injury-lawyers-blog/2012/11/21/pulling-out-of-a-side-road-case-law/

Ooh some case law.... A can be at fault and so can C.

Ok sorry I've still not got through all the replies but in the interests of those who have answered.

It happen few years ago and clever mumsnetters it went 60:40 with car c being considered slightly more responsible.

I was a passenger in car A, I didn't see the speed but felt it was around 30. And as a lot of you guessed the driver of Car A was (and still is ) a knob. I feel A was more responsible because he was driving badly but agree C shouldn't have pulled out if they couldn't see clearly.

C's at fault, but A's insurer will likely roll over and split the difference when they're settling up at the end of the month/quarter.

(I'm guessing the OP is B, and it's further complicated by them having waved out C - not expecting A to come around the outside)

Car C is responsible I think.

Car A wasn't doing anything that isn't allowed I don't think. Although car A does sound a bit reckless going too fast for the hazards (school, doc, busy place). But still I think fault is with C.

Car C. If you are pulling out or turning onto a main road it is your responsibility to make sure you have a clear view of the road and that it is safe to proceed. If you don't have a clear view you don't proceed or, in the case of a stationary obstruction, you proceed slowly with caution. In this case Car C should have waited until car A had turned into the side road so that they had a clear view to establish whether it was safe to proceed.

Out of interest what made you post about it today?

Car C obviously car A and B right of way over the sidestreets. They should have waited until absolutely certain it was clear.

OP, are you still with said 'knob'?

Car A absolutely should NOT be overtaking Car B as it turns into a side road under ANY circumstances. Clearly a breach of Highway Code.

Car C should NOT be pulling out of a junction when Car B hasn't fully cleared it since they don't have a clear view. Car C cannot pull out of a junction when approaching vehicles are on the road as approaching vehicles have priority. Car C was behind the Give Way markings and/or sign.

Both A and C are at fault, but greater liability is on C as explained above.

A shouldn't be overtaking at a junction, but equally C shouldn't have pulled out until they could see it was clear.

No not my dh

@HangOnToYourself good question!! There was a post earlier that reminded me of the driver so I guess it triggered the memory?

Ah I see, where you just wondering if the insurance decision fits with most peoples expectations? I'm surprised tbh as I would have expected them to find C fully responsible as he was joining the flow of traffic

You’re A aren’t you

so C has time to turn onto it.

Yes the collision would suggest this is an accurate assessment
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I think both are equally at fault.
Car A because they should not have overtaken unless they were in a position to clearly see that the road ahead was clear and that there were no other possible hazards (such as car C about to pull out). It's pure impatience on the part of A - why pull out instead of slowing down on the left hand side of the road to wait for
Car B to complete the manoeuvre - B might have been faced with a large lorry or other obstruction that caused them to stop and not be able to turn off the main road - equally they could have been letting another vehicle out.

Car C either assumed the road was clear behind car B, couldn't see car A or did see car A but didn't expect to pull out - perhaps expected it to wait behind car B.

It'll be 50/50.

They’ve all just received their payouts for PI and it’s not as much as they were expecting due to the blame issue 🤔😉🤣

Regardless of how the insurance ended up apportioning blame I think both were in the wrong in their own ways. My dad used to say that the majority of road accidents happen when two idiots collide and that is what happened in this case. Assume everyone else on the road is a potential idiot and the safest course of action is never to drive like one yourself. Knowing that the insurance companies, the police or even the MN collective side with you is of little comfort if you're in a wheelchair or coffin.

I’d say A because I would only in absolutely necessary circumstances (breakdown etc) overtake at a junction. That seems very risky to me.

Granted it wasn’t clear after B, but when you’re pulling out it’s a case by case basis I would say as to whether or not you’ve got time to pull out as they turn in, and you don’t expect someone to have swung around onto the other side of the road due to sheer impatience.

Car A you should not overtake approaching a junction.
Car C made a manoeuvre which is often carried out when a road is extremely difficult to pull out of due to rush hour traffic but Car A was approaching a junction and could see that fact.
however insurance these days means split the bill!

Yes I drive Thankyou.

A decade and a half and touch wood no crash or scrape yet.

There’s a reason the majority of drivers crash in their first year after a test. It’s because there is the Highway Code and a then a general understanding of how most drivers behave day to day.

In a residential 30mph in a busy area outside a school etc. You should expect people to be filtering in and out even if you have right of way. Particularly when a car is going into the same junction and someone is waiting to come out.

It’s good manners to behave patiently and allow Car C out considering you should have slowed anyway and you shouldn’t be up the back side of Car B so there’s plenty of time to do that manoeuvre.

Or are you one of those who hugs the backside whilst on the right of way and darent let another road use move.

It doesn't matter how busy the road is, you still can't pull out of a side road into traffic!!! Ye gods no wonder the roads are full of entitled idiots.

Car C definitely. If you can’t see, you don’t go!

Car C at fault. Does not matter is oncoming traffic is driving like a nun at 2mph or a bell end at 200mph. They should only pull out when it is clear.