Had a RTA in my truck today...whos at fault

[skyline pete]

driving on a normal road ..just delivered a digger to a site... anyway going along this road in manchester fairly wide road ..theres a bus parked at a bus stop ahead.. traffic is going round bus no problem.road ahead is clear for has far has i can see... no problem... i go to make my move ..indicate to move out ready to go passed bus...im now 3/4 passed bus half and half over white line.. theres a junction on my right side road just ahead...a black focus turns left out of side road ...i can see him coming out towards me... im on my horn flashing lights...only doing 18mph....he keeps turning i cant go anywhere,,,BANG..... he hits my 2nd axle on truck bounces off tyre/wheel my offside with his offside headlight area..totals the focus front wing bumper lights bonnet etc etc i lost two pointers off my wheel......he says to me he looked right all clear then turned left..........no police called ..waiting to go thru works insurance..etc etc waiting for whos at fault...,,what do you guys think...

 

[Scott_F]

You were well into your overtaking manoeuvre and he pulled out when it wasn't safe to do so.

 

[davidjpowell]

Him. Junction presumably is give way, not drive into oncoming vehicle. This is why taught to look both ways... He did not... He smashed up as a result....

 

[def90cars]

1. Him - turn out of a side road when not safe/clear....but
2. You - overtaking in an unsafe place i.e.near a junction.

Personally I'd go with 1. but I'm not the insurance company.

 

[mat8n]

solid white line? if so your fault.

 

[skyline pete]

solid white line? if so your fault.

no solid white line was normal gapped lines...his junction was a give way..

 

[renault12ts]

Was it foggy, were you relying on your sat nav to overtake the bus?

 

[MDC250]

You were there to be seen. He has either seen you and pulled out or not seen you and pulled out. Onus is on vehicle entering a major road to check safe to do so before commencing pull out.

You may possibly be contributory negligent as some have commented taking into account factors such as overtaking near to a junction, whether solid white line in play etc but given size and speed of your vehicle not as if you've blipped the throttle and done a crazy overtake.

I'd fight this one all the way.

 

[martyz]

His fault,as per post#2.

 

[flango]

50/50 IMHO

He clearly never looked left and pulled into your path but was on the correct side of the road.

You attempted an overtake on putting you on the wrong side of the road. If the junction was opposite the stopped bus then the overtake could be deemed dangerous or you failed to see the car proceeding up to the said junction, if you couldn't see down the side road to confirm it was clear then the overtake was questionable.

The above is what I think the insurance will say but quite clearly the focus driver was a muppet.

 

[Rory]

what do you guys think.

His fault.

Apart from personal pride, does it make any odds to you?

 

[Sp!ke]

We had an almost identical post from the other perspective a few months ago.

 

[Stratman]

From the Highway Code:-

167
DO NOT overtake where you might come into conflict with other road users. For example

approaching or at a road junction on either side of the road
where the road narrows
when approaching a school crossing patrol
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
when you would force another road user to swerve or slow down
at a level crossing
when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic.

 

[jamesfuller]

The Focus is a courtesy car while his black Mazda is in the body shop!

He should have looked, okay you where over the centre but what if it was a wide load/vehicle. You should see some of the muppets out here in the sticks at harvest time! 18 foot wide bright yellow combine with bright flashing lights, nah didn't see it because they are looking 6 feet in front of the bonnet!

 

[guydewdney]

I have HGV licences - I cant see anything wrong that you did, bar possibly a bit quick @ 18mph on the 'wrong' side - theres no such thing. Lorries have to use all of the road - as part of my test I had to be (fully, all 26 wheels) in a right turn only lane, indicating left.....

 

[markjay]

To my mind... overtaking near a junction is not allowed, passing an obstacle in the road is always allowed inc. solid white line (if safe).

So if the bus broke down, you were OK to overtake.

If the bus was simply stopped at a bus stop, you should have waited patiently behind it.

No idea if this will be the insurer's position, just my view.

 

[Dryce]

To my mind... overtaking near a junction is not allowed, passing an obstacle in the road is always allowed inc. solid white line (if safe).

It is not advised.

But it is allowed.

No idea if this will be the insurer's position, just my view.

My view would be that while not advised if the junction was clear when the OP started the manoeuvre then the blame lies entirely with the other driver.

If the junction was not clear and the other driver was already there then things start to move in the direction of 50:50.

If the other driver had already started their manoeuvre before the OP started his manoeuvre then it goes past 50:50 towards fault of the OP.

The account as given suggests somewhere between the first two.

Insurers seem to like 50:50 when there is any doubt .....

 

[brucemillar]

Him. Junction presumably is give way, not drive into oncoming vehicle. This is why taught to look both ways... He did not... He smashed up as a result....

Agreed.

 

[Troon]

From your description, he drove into space he hadn't looked at. What if there were a little old lady crossing the road instead of a big truck?

 

[flango]

I have HGV licences - I cant see anything wrong that you did, bar possibly a bit quick @ 18mph on the 'wrong' side - theres no such thing. Lorries have to use all of the road - as part of my test I had to be (fully, all 26 wheels) in a right turn only lane, indicating left.....

I agree any vehicle can use all of the road but must do so with "Due care and attention" If a vehicle is in an RTA and on the oncoming carriageway, then accident investigators always look at that vehicle first as it carries the most suspicion. As already pointed out the driver emerging from the junction has a duty of care to check the space he is pulling into is clear so my bet 50/50

I can give you one instance that happened here, a Fire engine on a blue light run overtook an articulated HGV that was stopped unloading in a 30 mph shopping street, a car pulled out of a car park on the opposite carriageway straight into the path of the oncoming fire engine. The result was pretty catastrophic but the driver of the Fire engine was prosecuted for Dangerous Driving, right or wrong, cross that white line and the burden of liability shifts significantly.