[MidgeUK]

Last night I was involved in an accident.

I’m turning right on to the carriageway.

I have waited for all traffic to clear completely from the carriageway that I'm about to cross, the lights for this carriage way about 1/4 of a mile + away are on red so cars cannot come. I sit stationary in that carriageway waiting to be able to get into the other carriageway. I have my lights on and my indicator going, some traffic passes and finally a car flashes me to come out. I wait to make sure the car is stopping for me, I was about to take my foot of the break and a car has comedown the carriageway that I'm already sitting in not seen me, swerved into the oncoming traffic to avoid me and then to avoid the oncoming traffic has pulled back into the lane I am sitting in and hit the side of me.

He has come from my right, swerved into the other lane and ended up hitting the passenger side of my bumper at some speed. I was completely still hadn't moved my damage is moderate his is a scuff on his passanger side wheel arch.

Who's at fault? If I had turned in front of him I agree it would have been my fault but I was already there and stationary, he has hit my passenger side not my drivers side and I was going right.

I was already established in my position blocking the carriageway that was previously clear.

Please help.

[PEUGOT666]

SO YOUR SAYING THIS ----- -------- CAME AND HIT THE SIDE OF YOU ITS A BIT OBVIOUS WHOSE TO BLAME, THAT PRAT IS. DONT PAY A SINGLE DIME GET HIM TO PAY.....:mad:

[MidgeUK]

Just to confirm, I have come from a minor road and are sitting across the one lane of a major carriageway, which as stated before was completely clear when I entered the carriageway.

[roddersdad]

Originally Posted by MidgeUK

Just to confirm, I have come from a minor road and are sitting across the one lane of a major carriageway, which as stated before was completely clear when I entered the carriageway.

Easy for us to say after the fact,hindsight and all that,but it may have been more prudent to not emerge into the main road until you could clear both sides,as if the other driver hadnt flashed you out you would have still been sat across that part of the main road,that said how on earth hasnt the other driver coming from the lights down to you not seen you and been able to stop in time,seems to me from what you have said that although you was across his side of the road he hasnt seen you until the last minute so to speak and took avoiding action,the highway code rule 146 states "take care at junctions,you should not cross or join a road until there is a gap large enough for you to do so safely",were the police called and any witnesses sought,hope you get sorted and the main thing is that no one is hurt,

[MidgeUK]

Police were called simply because I wanted him breathalysed as he had come at least 1/4 of mile down the road and not seen me. I have a witness who states what he saw happened.

This road is a main road with single carriageways, there is no way that you can wait for both sides to be clear as they hardly ever are, I had blocked his carriageway but were totally stationary when he hit me, I'm beginning to think that he did see me, he was just being selfish and so to speak decided to try and go around me instead of stopping, if he hadn't seen me I would have thought the instant reaction would be to avoid both myself and on coming traffic and so steer to the left into the minor road instead.

I thought that as the lane I was blocking was totally clear when I entered and I had already claimed my position on the road giving he had 1/4 mile to see me that he would be classed as driving without due care and attention?

When he did stop half way up the wrong side of the road he gave me his details but stated he had to hurry up and go as he was on the way to the hospital, this is at 7:30pm by the time he got to the nearest hospital it would be around 8pm, aren't visiting hours over by this time?

[Jem111]

Sometimes things happen to people in hospitals, and those things don't conveniently happen around visiting hours.

From what you say, I would be careful about chasing this person to try and get more charges pinned on them - it doesn't sound as if you are 100% free of responsibility.

Waiting in the middle of a carraigeway is a dangerous game - blocking one lane and essentially 'forcing' your way into the other lane - you didn't have any right of way.

he shouldn't have hit you but he's not 'being selfish' - he had right of way

[sparklelard]

I would have expected the Police to Breathlyze you as well.

As to visiting times, they don't exist anymore.

Also, the correct use of flashing head lights is to denote - I am here - not you can go. I never trust people who flash you. I'd rather wait and be safe and not blocking a carriageway which is, by the way, an offence.

Either way, that's you no-claims bonus gone for a burton.

[MidgeUK]

Just to clarify a couple of things

I would have expected the Police to Breathlyze you as well.

They did....


As to visiting times, they don't exist anymore.

Whether they do or not he was driving without due care and attention and was more interested in getting to the hospital than driving his car.

Also, the correct use of flashing head lights is to denote - I am here - not you can go. I never trust people who flash you. I'd rather wait and be safe and not blocking a carriageway which is, by the way, an offence.

This is why I was still stationary when the other vehicle hit me, I was waiting to make sure the car that flashed was giving way to me, the other driver then over took me ny going into on coming traffic, he must have realised there was a car waiting to let me out and moved back into the lane he should have been in too quicly, this is how he hit my passenger side.


Either way, that's you no-claims bonus gone for a burton.

I'll fight this all they way, I was stationary when the other vehicle hit me and he was sat at red traffic lights 1/4 mile away when I first started my manouvre and sat across his carriageway for 2-3 mintues.