Who was wrong? I was coming out of a minor road, i checked both sides and the road was clear. I proceeded forward to turn right, when an car hit me, driver side (from my door to the front) as i was about to fully turn my right. The car would have turned into the road, from another junction, which is about 50 metres from where i was coming out off.
Hi, I will try to help with this. There is an expectation that drivers will when driving their vehicles will exercise the competence and care of a normal prudent driver. In your case, you say that before entering onto the carriageway to execute the right turn you checked both sides and they were clear. The first matter to consider is did you take sufficient time to properly establish that the carriageway (both directions) were clear and it was same to make the right turn. it appears from your question that you were unable to see at that stage the vehicle that collided with your vehicle. You appear to have assumed that you have either established or assume that the vehicle came from another junction to your right. The driver of that vehicle will have the same duties as yourself in respect of the standard of driving expected. I don`t know if you are able to comment on this, but what is clear is that the vehicle struck you before you were able to complete the right hand turn. It appears that the speed of the other vehicle may be an issue. If the vehicle was exceeding the speed limit and was unable to stop the vehicle or avoid hitting your vehicle, then you may be able to argue that the fault lies with the other driver. If of course he simply was not paying attention then the same applies. What time of the day was this. This is however a common situation when a car is said to have pulled out into the carriageway to make a right hand turn, driver into the pathway of an oncoming vehicle, so you need to be clear about the facts. What does the other driver say about this?
it was 2pm in the afternoon. I did stop at the giveway line, looked both sides, looked at the right, it was clear. With caution i proceeded forward, at this point i was in the middle of the road slowly turning my wheel to make the right turn, with a quick glance to the left to make sure nother vehicles had suddenly appeared. Before i fully executed my right turn, the car crashed into me with high impact.
the driver is saying i cut into them, but when i entered the road, there where no incoming cars.
Did you have any other person in the car with you who can be a witness if required. I appears from you
message that there was at least one passenger in the other vehicle. Is that right?
These matters should not be a numbers game, but it appears that the driver will seek to
blame you with the assistance of his passenger witness. On what you say, it appears that you
are saying that the other car was travelling too fast. Was there any skid marks on the road
where the other care breaked? I take it that the police did not attend.
What is the context in which you ask the question. Are you being prosecuted.?
I was by myself in the vehicle, the other vehicle had passengers one who had a minor injury. police attended and just took statements. The context of my question is based on my insuarance company telling me, that from the point i was hit the blame is all on me.
It would appear that your insurance company intend to deal with any claim on that basis. I take it that you
have given them a full account of what happened. I would appear that in the circumstances they intend to deal with any claim from the other side on that basis. They will not spend resources fighting the matter on your behalf as they will want to keep their costs down. The effect of this will be upon any "No Claims" bonus you may have.
I hope that the matter will not be taken any further by the police. They could summons you for driving without due care and attention, relying upon the evidence of the other driver and his passenger. The insurance company will be aware that any conviction recorded against you can be pleaded as part of a civil claim against you. That is why they will settle the case at this point, and avoid any grater cost.
In the event of a summons being issued, you will of course be perfectly entitled to defend such an allegation.
That said, it would be difficult and that is why I have asked the question about skid marks, in order to try to establish if there is any evidence that might support your position. It would seem regrettably that that this is not going to be the case.
I see, thank you for time.
Criminal law and traffic law specialist with over twenty years of litigation and advisory experience.
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