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

Discussion in 'Driving/Incidents/Roadrage' started by skyline pete, Apr 2, 2014.

  1. skyline pete

    skyline pete Active Member

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    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........:eek:..no police called ..waiting to go thru works insurance..etc etc waiting for whos at fault...:dk::dk:,,what do you guys think...:wallbash:
     
  2. Scott_F

    Scott_F Hardcore MB Enthusiast

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

    davidjpowell Hardcore MB Enthusiast

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    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....
     
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  4. def90cars

    def90cars Hardcore MB Enthusiast

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    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.
     
  5. mat8n

    mat8n Banned

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    solid white line? if so your fault.
     
  6. OP
    OP
    skyline pete

    skyline pete Active Member

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    no solid white line was normal gapped lines...his junction was a give way..
     
  7. renault12ts

    renault12ts MB Club Veteran

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    Was it foggy, were you relying on your sat nav to overtake the bus?
     
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  8. MDC250

    MDC250 Hardcore MB Enthusiast

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    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.
     
  9. martyz

    martyz Hardcore MB Enthusiast

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    His fault,as per post#2.
     
  10. flango

    flango MB Club Veteran

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    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.
     
  11. Rory

    Rory MB Club Veteran

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    His fault.

    Apart from personal pride, does it make any odds to you?
     
  12. Sp!ke

    Sp!ke Administrator Staff Member

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

    Stratman Hardcore MB Enthusiast

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    From the Highway Code:-

     
  14. jamesfuller

    jamesfuller Hardcore MB Enthusiast

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    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!
     
  15. guydewdney

    guydewdney Hardcore MB Enthusiast

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    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.....
     
  16. markjay

    markjay MB Club Veteran

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    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.
     
  17. Dryce

    Dryce MB Club Veteran

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    It is not advised.

    But it is allowed.

    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 .....
     
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  18. brucemillar

    brucemillar MB Club Veteran

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    Agreed.
     
  19. Troon

    Troon Hardcore MB Enthusiast

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    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?
     
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  20. flango

    flango MB Club Veteran

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    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.
     

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