Crash At A Cross Junction
Hi, I got into an accident with another road user at a cross junction just yesterday and i am still considerably in a state of shock and stress because of the way the other road user intimidated me.
Heres what happened --
I was stopped at a give way line waiting to pull out onto a main road. Considering this is a side road, i know i had all the rights to stay stationary until the coast was clear before pulling out.
So the standard procedure is to look right first for oncoming traffic on the near side, then to the left for oncoming traffic on the far side, then once again to the right before pulling out.
Following these steps, on the first look to the right, i noticed an oncoming car indicated to turn left (into the road i was stopped at), so right after this moment i looked left and i could see a car but far enough that i could pull out and continue on that side of the road, then on the last look, as the oncoming car on my near side was still indicating to turn left, i edged out slowly getting ready to fully commit to my manouevre.
RIGHT at this point, as my car was already considerably sticking out onto the main road, another car BEHIND the car turning left into my road decides to overtake him, travelling at some speed, not fully being aware that there may have been something behind the left turning car, whether a pedestrian or cyclist, swerved around me but still ends up clippin the front left of my front bumper (closest to passenger side) as he passed me.
Now i distinctly remember, as this had happened, the position of his car was FAR into HIS oncoming traffic side of the road (thus proving that i was sticking out) and this leads me to think, he was in a rush when overtaking the car and had proceeded with aggression and carelessness.
But he made me feel small as ever, me being the honest person i am, telling me that he had right of way, no matter the circumstance. and i was clearly in the wrong.
I am a student and we are the most picked on and ridiculed drivers, but i do feel as though i am being cheated in this situation. there was nothing i couldve done to avoid the situation whether this had been an accident or if he had instantaneously decided to make it happen.
Please, i am going through so much post traumatic stress i dont know where i stand in this case.
Can anybody help me out with some advice and what i should do now? Thank you!
Sorry to hear of your experience. What you need to do immediately, if you haven't done so already, is to report this to your insurers. Even if there was no significant damage to your car, the other driver may claim that his was damaged.
From what you describe I think there is fault on both sides. You need to stress that the other driver was overtaking on the approach to a junction, contrary to Highway Code rule 167.
For your part, you shouldn't have pulled out until you could see it was safe, but there's no need for you to point this out to anyone!
Thank for the reply Beelzebub!
Originally Posted by Beelzebub
I really do feel as though he is overly taking advantage of the fact that he had the right of way. And that being said, if i was to report this to my insurers, would it be worth mentioning that i had pulled out onto the road? he did say to me he was on the way to picking up his kids from school and it was quite clear he didnt want to stay at the scene of the accident for long for whatever reason. and how should i approach this case, in terms of liability?
MrRoadUser, sorry to hear of your mishap. I am trying to understand exactly what occurred. Correct me if I am wrong, but I am assuming that you were in the process of making a LEFT turn into a main road, and the car that clipped you was travelling from YOUR LEFT and therefore on the far carriageway from you.
If I am correct, then the driver who clipped you was in the wrong. Before he moved into the carriageway for oncoming traffic, he was obligated to ensure that he had free passage to do so, and this would include allowing for any vehicle (in this case you) that was turning out of a side road and into the oncoming traffic lane.
His right of precedence is limited to the carriageway that was his direction of travel.
Too many drivers lack impatience and, immediately a vehicle in front slows to make a turn, they just swing out into the adjacent lane to avoid the correct procedure of slowing down. Colliding with another vehicle when doing so is liable to a charge of driving without due care and attention.
best wishes for a satisfactory outcome.
Hi Snowball! Thanks for the reply, it is much appreciated, although i must say, maybe i wasnt clear on my account of what had occured.
Originally Posted by Snowball
I was stopped at a T-Junction, waiting to turn 'Right' when i was hit from my right. There were two oncoming cars, one indicated to turn left into the side road i was stopped at, and the other oncoming vehicle behind him, overtook him as he proceeded left. I had already edged out onto the main road but the overtaking car didnt slow down whatever so ever, let alone stop. and as he overtook the car turning left into my road, he just managed to slip past me, but the back end of his car collided with the front of my car as he tried to straighten up. As i said previously, he had to have been partially on the wrong side of the road to overtake the car turning left, and because he mightve seen the oncoming vehicle comin HIS way, he tried to maneouvre back into his lane leading to us making contact.
The thing to remember is, drivers that bluster and shout after an incident do so in proportion to their own feeling of guilt, they know they were in the wrong.
Next point is, ‘right of way’ does not mean blindly proceed. In addition, as Beelzebub says the other driver should not have been overtaking as he/she was approaching a junction, they would know there was a cross road ahead due to the cross road signs on all roads.
In the un-edited post I had miss-understood the direction.
Last edited by wagolynn; 06-12-11 at 16:05.
From what you are saying, it does not look as though you are patently clear of fault. At a guess, it might go 50/50. My opinion of this is that the car turning left into your road would give the following car free passage to continue along the main road. It could be argued that, had he stayed (correctly) behind the car turning left, you could have turned and accelerated away without impeding his passage. But, if you edged out slowly as you say, could that be interpreted that you were waiting for him to pass in front of you?
Originally Posted by MrRoadUser
In the end, it depends on how the insurers view it, but there seems to be enough puzzlement as to what exactly happened that the insurers will go for 50/50 to cut short what could be a drawn-out state of arguments and counter-arguments.
After re-reading post #1:
Originally Posted by wagolynn
A bit of road craft – do not assume a car signalling left is going left, look for other evidence, is it slowing has it moved to the left of the road. If you are happy with that car then the following vehicles become the dangerous ones, overtaking at junctions is very common practice, wrong but common enough to expect it.
As Snowball suggests blame could range from 50/50 to you being held blameless. As suggested by Beelzebub, report it to your insurers and have your vehicle checked for hidden damage, your insurers probably have a favoured body shop.
I tend to do a bit of defensive driving in these situations. Plenty of distance from vehicle in front. If vehicle slows down to turn, I also slow down AND do not change lane.
Apart from this giving me a clear road, without having to actually come to a near stop, it has other advantages.
(1) I can see even better what's going on in front.
(2) I am not likely to get an unpleasant surprise from an exiting driver.
(3) I don't make a sudden stop and risk a shunt from a vehicle close behind me.
(4) In the event of driver at the rear, too close and not concentrating, should I receive a shunt, it is unlikely that I would be pushed into the vehicle in front, which has two benefits: (a) I would not be caught in a chain of claiming drivers, and (b) my car would recive less damage by not being trapped between two vehicles.
(5) Any slowing down that I did would be so slow as to give a following driver more thinking/braking time.
Just thinking about this; isn't it amazing how many negatives can be turned to positives by one simple factor? - plenty of space from vehicle in front.
You are talking like a very experienced driver Snowball; you know, the types that should have regular driving tests. All I can say is keep up the good work.