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accident - who's fault would it be
02GF74 - 6/8/07 at 12:33 PM

this didn't happen but if it did, who's fault would it be?

I am drivoing behind a delivery lorry on a 2 way road. Lotty lows down and stops in the road and puts on hazards. As there is no traffic coming in the over direction, I overtake the lorry so cross the dividing white dotted line. I didn't indicate.

Lorry then rurns right in thge thge side of me & *crunch!* (that bit didn't happen but could have).

So who's at fault?

I would have said the lorry as he turned right across the road without indicating (hazards on) but how would I stand since I did not indicate?

fesycresy - 6/8/07 at 12:36 PM

The one who has the best witness.

Who says he wasn't indicating ?

smart51 - 6/8/07 at 01:00 PM

The lorry stopped and put on the hazard lights? The driver should then turn off hazards, look in the mirrors to make sure there is no-one overtaking, indicate then make the manoeuvre. The overtaking driver has every right to overtake a stationary vehicle.

In court, the winner is the one who convinces the magistrate. Isn’t justice nice?

mookaloid - 6/8/07 at 01:28 PM

quote:
Originally posted by smart51
The lorry stopped and put on the hazard lights? The driver should then turn off hazards, look in the mirrors to make sure there is no-one overtaking, indicate then make the manoeuvre. The overtaking driver has every right to overtake a stationary vehicle.



True, however the law also says that you should only proceed when it is safe to do so.....

When I have spoken to various police acquaintances they have said in situations like that they would do both drivers for undue care and attention....

Be careful out there

Cheers

Mark

nick205 - 6/8/07 at 01:40 PM

Have you had a run-in with a big hairy trucker then?

Davey D - 6/8/07 at 01:58 PM

Legally a flashing indicator is only evidence that the bulb works

joneh - 6/8/07 at 02:27 PM

My friend lost a claim when an idiot on a bike overtook him when he was indictaing to turn right.

However, if the lorry made no indication to turn right then I would say it was his fault.

clockwork - 6/8/07 at 02:31 PM

Aimed at JoneH -
How the hell was he found in the wrong?

joneh - 6/8/07 at 02:52 PM

He was pissed at the time. No not realy - bad joke.

Not sure to be honest. The insurance company was convinced he should have checked before mooving.

shortie - 6/8/07 at 02:59 PM

Would be knock for knock on insurance almost certainly.

Rich.

907 - 6/8/07 at 03:20 PM

What was the lorry turning at a junction, cross roads, drive way?

To overtake at a junction is a no no AFAIK.

Paul G

stevebubs - 6/8/07 at 04:59 PM

quote:
Originally posted by 907
What was the lorry turning at a junction, cross roads, drive way?

To overtake at a junction is a no no AFAIK.

Paul G


So is stopping and putting on your hazards....

Hellfire - 6/8/07 at 06:13 PM

The fault would lay at the foot of the driver of the lorry. You have crossed the dotted white line so have right of way.

He (the lorry) however has to cross the dotted white line to run into you (in theory) therefore whether either of you is indicating or not is irrelevant. Indicators are only an indication of your intention to change direction. Hazard warning lights are merely courtesy indications for other drivers to be cautious.

The law is the same for lorries as it is for cars and almost every other vehicle. When having an accident with an HGV, lorry/etc it's whether you survive to prove you were right or wrong thats the difference. Lorry drivers seem to think they have right of way, as they know (for some reason) that you don't want to do die at the hands of their ineptitude.

Steve

[Edited on 6-8-07 by Hellfire]