Crash accident at T junction who fault is it?

Question

I approached a t junction and needed to turn right....As I approached the juntion I could not see what was coming, so I edged out slighty about 20cm to get a better look. A car came round the corner and hit the corner of my bumper. My car was stationary when the collision occured. Who is to blame??

Cheers ppl

Answer 1

I am assuming we are talking about the UK here where we are driving on the left...

There is a "golden rule" in driving which simply says "You should always drive in such a way that allows you to stop safely on your side of the road within the distance you can see to be clear" .  Common sense really.

Positioning on a left hand bend - so far as safety permits -  should be slightly nearer to the centre of the road than normal so that your view through the bend is improved and any lurking hazards (such as your vehicle) will be seen earlier.  "Early vision - early decision".

Clearly the earlier we can see potential problems, the more time we give ourselves to react to them. This will also mean any obstructions or intrusions along or near the kerb side of  the road will be more likely avoided.

Likewise for a right hand bend you would position yourself into the nearside kerb for the same reason.  

It is impossible to comment definitively on individual cases, but this is the general advice I would give for this sort of driving situation.  Hope it helps.

Answer 2

'They' would say you are to blame.

Answer 3

You would be a fault for entering an intersection without making sure all was completely clear.

Answer 4

Where I live, there is a T-junction where one of the approaches is from a steep road. To the right is a hump over which it is possible to see little, and to the left, a tight main-road bend around which it is possible to see only 100 yds or so.  It is a familiar spot for accidents; some of them fatal.

The fact is, even if the road is clear to the right, you still have to edge out and watch traffic approaching from the left.

The point is, that obscured visibility (for whatever reason) IS a defence, whatever the road-markings suggest.

There are usually adequate warning on the main-road to indicate that there is a junction, and they are put there for a reason. If people fail to slow down, or at least be aware of the possibility of danger, then they are at fault for failing to drive with due caution. Anyone should be able to stop within the limits of visibility, and if a car hurtles around a blind bend (for instance) and cannot avoid crashing into a car crossing or turning onto the road, then they are guilty of driving without due care and consideration.  (Dangerous driving would be difficult to prove).

Unofrtunately, unless there were witnesses, it is one of those accidents which is difficult to prove one way or the other, but you would need to look at all the evidence in the event of a claim, and decide whether you or the other party should admit liability.

I'm not a lawyer, but I suspect that you may not be as liable as you think.

Answer 5

Unfortunately, the person in fault will be you actually. I also face the same situation when I drive in and out of the automotive workshop. The thing is that, I don't inch out to "look" for vehicles, I just wind down the windows a little to listen for vehicles instead. Then only I drive out. The only problem I face on the road is when the gear is hard to engage when you're driving across the road. Now, that's the real peril in driving...

Answer 6

Unfortunately it's your fault.  You put yourself in their lane of traffic when they had the right of way.  It sounds like an honest accident and you may have a case to fight it if you could show the other driver was drunk, speeding or otherwise driving recklessly.  You may also be able to challenge the city if the road was not marked well or just plain dangerous.  Both of those options would require a lot of time and effort and you'd really need to fight like mad.  It sounds like you were in a minor accident and I suggest you just tell the truth to everybody involved, get your car fixed and move forward. Lesson learned.

Answer 7

I think you need to refer it to the council responsible for the section of roadway. They have responsibility for the layout and design and speed limits etc. Need to check this wasn't due to layout of the markings.

Answer 8

The WOMAN!

Answer 9

Technically it is your fault.

If you can't see what's coming, then do not risk an accident.  Signal to other traffic that you are backing up, or making a U turn.

You can complain about the vision being obscured, but if it gets fixed before your complaint is investigated, good luck proving it.