My car was hit by a lorry. Who is at fault here?

[Trexraaa]

I approached a junction with a lorry waiting at it. I thought the lorry was going right due to its positioning on the road. I know they have to go wide but this guy was literally in the middle of the road. He wasn’t indicating. I’m going left so I pull up on the left side of the junction where I am now side by side with the lorry. I am stationary and checking left and right for a gap to go. The lorry then decides to go left and crashes into the side of my car. I must have been in his blind spot for him not to see us. That’s my car written off but at least we are all ok. Am I at fault?

@Trexraaa I think your driving instructor let you down, as you should have been made aware of this while you were learning, even if it didn't come up in the theory test However it's too late now and at least you do now know for the future. Also, at least you and your little girl weren't hurt which is the main thing when all is said and done.

I have no idea what the Insurance companies will decide, but you will probably be found at least 50% to blame. But they will still pay out - it's just your Insurance premiums which will take a big hit for the next few years.

A few people giving you a really hard time on here, unnecessarily. There is no such thing as a perfect driver. I've made mistakes from time to time, even after driving for more than 30 years - we all do! We only really learn to drive competently AFTER we pass our test and have to make our own decisions and get some experience under our belts. So do forgive yourself too. It was a mistake you will never repeat.

IF the junction was on a single lane road he was there first and you should not have pulled up to his side - add in he was not indicating so you didn't know what his next move would be and you should have pulled up and waited behind him.

Your visibility at the junction would have been terrible as well so it seems a pointless maneuver to me. I would say 100% your fault but it is going to be down to the insurers to decide and if you don't agree it will go to court

As it was a single lane and you pulled up alongside him into his stationary blind spot, I think you will be found at fault.

I think it’s going to pan out to be your own fault and I’d just be grateful that you were not badly injured .

Seriously? Surely you know driving a massive lorry is completely different. Most of them have signs on them warning you about the blind spot! How can they check the blind spot? Think of how you check yours (back windows) and then think about what a lorry looks like. Sorry OP but I cannot believe you’re trying to please ignorance here.

What did the lorry driver say to you?

Oh heck OP, I'm not even sure how you got up beside him there. Glad you're ok, but the poor driver would have had absolutely no idea you were there.

Cameras and blind spot mirrors

@Trexraaa Was the picture you posted of the 'junction' where it happened? It looks more like a roundabout and not a junction?

If it was a roundabout, even more important to stay back from a lorry. Depending how many exits were off the roundabout, the lorry may have been going straight ahead and not taking the first exit to the left in which case he wouldn't have signalled until he went past the exit you were aiming for?

I learned to drive around 30 years ago. I live in a port city and HAD to learn about lorries and artics or I wouldn't have made it through the first driving lesson!!

But that isn’t some sort of infallible system. A driver can still only look in so many places at once so they can check that camera then check everything else to make sure it’s clear and still have someone having pulled into their blind spot. You can’t look everywhere at once!

From the Highway code:

• watch out for long vehicles which may be turning at a junction ahead; they may have to use the whole width of the road to make the turn (see Rule 221)

221
Large vehicles. These may need extra road space to turn or to deal with a hazard that you are not able to see. If you are following a large vehicle, such as a bus or articulated lorry, be aware that the driver may not be able to see you in the mirrors. Be prepared to stop and wait if it needs room or time to turn.

For what it’s worth this is absolutely the kind of thing I could see myself doing OP, and is the reason I won’t learn to drive! The road is confusing, you may have been in the wrong here but you’re a new driver, you’re still learning, don’t give yourself a hard time over it

A lot of lorries have warnings about blind spots in huge print on them.

I think most new drivers and some old ones are woefully ignorant about HGV requirements on the road. They literally dice with death.
Very pleased it was just your car damaged it could have been so much worse.

I think you are at fault OP. I remember being told in lessons not to trust indicators even if they are on. The right course of action would have been to hang back and wait for the lorry to move before moving to the left, even if you would normally move up if there were only other cars waiting to turn.

That said, I think this is just one of those mistakes you make once when learning and then never again.

My first car was written off when someone pulled out in front of me when I had right of way. I saw them, and had time to change direction slightly, but I had still expected them to give way, so I didn’t stop or change speed. I was wrong, so now I always prepare for the other driver to do the worst thing.

Glad everyone is OK. I cannot see how a stationary vehicle can be at fault.

The poor lorry driver, must have got a shock. I don’t know how they drive lorries safely.

I'm not grasping where the photo was taken in relation to the approach or turnings, can you do a diagram ?

Firstly, I am glad that you and your child are okay, you were very lucky.

When Ds started learning to drive we watched a lot of dash cam videos so you can see the mistakes people make and you can hopefully predict behaviour and avoid them yourself. Lots of them are cars joining motorways and staying left of HGVs in their blind spot, lorry moves left and spins the car out of control into live lanes. It is terrifying. Worth watching though yourself as it is always the same conditions that cause the accidents.

Ds also played Euro Truck Driver so knows how wide a lorry has to swing to get into a road. He also never puts himself next to them on roundabouts either and neither do we.

Lorry at fault. But you were "unwise" to position yourself in his blindspot.

Just for clarity, not seeing someone in your blindspot isn't a defence.

It's both your fault: he should have indicated, but with more experience you would have known not to assume the lorry was turning right.

The driver should have indicated. They should also have been aware of a car coming up behind them and maybe noticed you'd disappeared. Yes it would have been safer for you to hang back but I dont see the blame as 100% yours.

I was interning for a law firm many years ago where a mother on a bike with a toddler in a child seat did what you did and the child got hurt. The court stepped in to appoint a guardian ad litem to act for the child against the mother in the ensuing court cases. Very stressful situation. It's good and lucky that you and your child were unhurt.

I don't drive myself but if he was in the right lane he was in the wrong lane to be turning left. He's obviously realised his mistake too late so therefore he was at fault.