UK Traffic Law
Ask an UK Traffic Law Question, Get an Answer ASAP!
i was driving along a straight road . when i got to the end of the straight the oncoming driver turned right accross the front of me. He had a 200 m view down the straight in clkear visibility to see me comning, Is this cut and dry his fault?
yes I have reported it to my insurance company (my car has been written off as today). The police attended the scene and questioned a witness, myself and the other driver. It resulted in my statement matching what the witness saw and the other driver being reported for driving without due care. Just after a bit of reassurance that's all really
It is likely that he is 100%liable
Where did you hit his car?
I need to know impact points on his and yours.
my front passenger side of car was mush . His van took a heavy knock to his passenger wing. He'd almost cut the corner so my passenger wing collided with his passenger wing. At this point my car spun as drivers side still had traction and i ended up facing the the direction from which i had come. Travelling roughly 55mph
nope just straight into him
nowhere to swerve to really. No way to avoid vehicle. It was a narrow B road (straight though) DIVIDED BY WHITE LINE
Collisions like this are rarely straightforward. From the facts you havegiven it seems most likely that the insurance companies will agree 100%liability by him.
The reason I say probably is that there is a doctrine of "firmlyestablished on the road". Let me give you an example:
if he had almost completed the manoeuvre and you hit his rear wing, thenalthough he pulled across the front of you, he was already established in theroad in the middle have this manoeuvre.
If for example he had only just started to turn across the front of you andyou hit him head-on or with your driver's side wing then, (provided you were onyour own side of the road and also provided the other driver does not liethrough his teeth!), Then there can be almost no doubt.
I am not altogether certain how your passenger-side wing could contact hispassenger-side wing which is why I asked if you had swerved to the right.
Can I assist further?
Please bear with me today because I will be online and off-line .
Please don't forget to positively rate my answer service (even if it wasnot what you wanted to hear) and I will follow up any further points you raisefor free.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. Itdoesn't give me "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask
perhaps I should of said the passenger side of the front of my car(not really the wing!!). yes I get your meaning If i hit the rear of his vehicle he would of been established on the road. I was at all times until the impact on my side of the road travelling within the 60mph national speed limit. He tried to lie to the police but they cut him down straight away (self presevation as they called it!)
Thanks. I think he will struggle to prove any less than 100% liability on these facts.
I assume that there was side road or turning that he was turning into.
Can I help further?
yes he was turning right into a lane to his place of work
In which case, I think he is really going to struggle. The insuranceinvestigators look in particular at things like that and things such as whetherhe was late for work.
In circumstances like that, people tend to be less careful
Please don't forget to positively rate my answer service) and I will followup any further points you raise for free.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating
I just wanted a bit of reassurance as I keep going over and over what happened in my head. Yes I'll leave you excellent feedback. Thanks for your time - money well spent. enjoy the rest of your day
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).