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How Did It Happen? More Details


Saraj
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I was a bit shaken up yesterday and just put some photos up of the mess caused to my car, which can found here:

The pics of the car

Below got a image from google maps of where it occured, a very straight section of road.

The red mark is me, the blue is a van, who now is a witness, and the orange is the other lexus involved, and the brown is a long truck.

We were going along at around 30 mph due to truck, where speed limit was 60mph, which on this bit of road is no problem. I was waiting for this bit to come so I can try to overtake the vehicles. as we started the section, i looked ahead and so no incoming vehicles, so I thought theres a big gap betwee the orange and the blue and i will get in there first and then make my move to get in between the brown and the orange at a later stafe. As i started to over the the blue, the orange decided that she needed to turn right at the layby which can be seen on the map, last minute she braked hard and then put her indicator on, all whilst i was overtaking the blue, I realised what she was going to do, but because she had slowed down, there was no gap left between the orange and blue, only choice was to swerve and avoid the orange, as I swerved she continue to turn right, straight into my path cliping my front left, of which I lost control and went straight towards the wall which wrote of the right hand side of the car.

Nobody injured luckly, but Im at a guess to whether it was my fault or hers? what do you think, the road was safe to ovettake and no marking to say not to, otherwise the Police would have probally arressted me there and then for dangerous driving.

sorry if none of the above made sense

All opionions welcome

mapft2.jpg

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your fault :whistling:

you should not overtake approaching a junction !

Just asked my sister to read that since she does RTA at the moment. Unfortunetly she said straight away that it is your fault! :( - Sorry.

thanks for that, i thought it was, that junction was invisible untill i hit the car, but its one of those things, ive took it on the chin learnt my lesson now,

other members opinions still welcome

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Does look like it would be classed as your fault. I can see how it happened though and how you got caught out, unlucky and hope you and car are ok.

A similar thing happened to me years ago, I went to overtake two bunched up cars on a big straight, the first stopped to turn into a dirt track entrance that I didn't know was there, I managed to get the brakes on and stop before he turned, but he must have checked his mirrors and seen me, so everyone stopped including me on the wrong side of the road :whistling: Ah, my old hot hatch driving days :shifty:

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Does look like it would be classed as your fault. I can see how it happened though and how you got caught out, unlucky and hope you and car are ok.

A similar thing happened to me years ago, I went to overtake two bunched up cars on a big straight, the first stopped to turn into a dirt track entrance that I didn't know was there, I managed to get the brakes on and stop before he turned, but he must have checked his mirrors and seen me, so everyone stopped including me on the wrong side of the road :whistling: Ah, my old hot hatch driving days :shifty:

yh im kinda ok today, some aches and pain, but nothing serious, just the cars gone, proper gutted i was after an is200 for 2 years and finally got one for 4 months and wrote it off, and its only been on my registered name for a week !

its a hard one, straight away i said its my fault, then thinking about it, i see it as just an accident, i wont mind if the insuers say it all my fault, but would be happy if its classed as 50/50 which happened to my bro, then i dont have to pay thw 600 excess atleast only 300.

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I would concur it was your fault, over taking is an at risk manouver (i.e. your risk).

I had a similar thing (in the 90's!) but the car had actualy pulled over to the left in to a layby outside a shop. Which is where I assumed he was pulling in to, he was in fact pulling in left to get a better swing over to the right in to his driveway!

He put his indicator on after the crash and his mate who was a policeman happened to be walking up the road at the same time! LOL

I hit him so softly that my dog on the back seat didnt even fall off it and there was nothing but a small scratch on my front left bumper. He however had to climb out of his passenger side door - new door and new wing!

Always best to assume everyone else is a muppet on the road :)

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Always best to assume everyone else is a muppet on the road :)

Yep that's the best driving advice you can give anyone, if you treat everyone as a muppet and they're about to do something stupid, then 9 times out of 10 you'll escape the avoidable accident.

As the others have said I'm pretty sure that will be classed as your fault, but technically I think there is some responsibility when turning right to check your mirror when turning right to make sure no one is trying to overtake you.

155. Well before you turn right you should

• use your mirrors to make sure you know the position and movement of traffic behind you

However, I think you'll struggle to argue that one given the circumstances, you may just have to take this one on the chin (as you have) and be glad no one was hurt (as it probably easily could have been a lot worse)

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I would concur it was your fault, over taking is an at risk manouver (i.e. your risk).

I had a similar thing (in the 90's!) but the car had actualy pulled over to the left in to a layby outside a shop. Which is where I assumed he was pulling in to, he was in fact pulling in left to get a better swing over to the right in to his driveway!

He put his indicator on after the crash and his mate who was a policeman happened to be walking up the road at the same time! LOL

I hit him so softly that my dog on the back seat didnt even fall off it and there was nothing but a small scratch on my front left bumper. He however had to climb out of his passenger side door - new door and new wing!

Always best to assume everyone else is a muppet on the road :)

most of the damage to my car was that damn wall, if there was no wall, it would only one side, and possible repairable, what happened at the end? i assume you were liable for the accident?

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Always best to assume everyone else is a muppet on the road :)

Yep that's the best driving advice you can give anyone, if you treat everyone as a muppet and they're about to do something stupid, then 9 times out of 10 you'll escape the avoidable accident.

As the others have said I'm pretty sure that will be classed as your fault, but technically I think there is some responsibility when turning right to check your mirror when turning right to make sure no one is trying to overtake you.

155. Well before you turn right you should

• use your mirrors to make sure you know the position and movement of traffic behind you

However, I think you'll struggle to argue that one given the circumstances, you may just have to take this one on the chin (as you have) and be glad no one was hurt (as it probably easily could have been a lot worse)

agreed, im not going to push for it to be her fault, let the insurers decide that after ive given my statement to the police, like i said ill be happy with 50/50 but will not push for it.

Im now just annoyed at Directline, there gave me a Ford Ka 2 door as hire !

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You indicate from what you said that you knew the road ( waiting for this straight to overtake ), so you know there is a junction and a layby.

It's got to be your fault unless the van driver witness is indicating differently.

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your fault :whistling:

you should not overtake approaching a junction !

Just asked my sister to read that since she does RTA at the moment. Unfortunetly she said straight away that it is your fault! :( - Sorry.

thanks for that, i thought it was, that junction was invisible untill i hit the car, but its one of those things, ive took it on the chin learnt my lesson now,

other members opinions still welcome

Possibly one big factor you missed here and would have prevented you overtaking at that point.

You state the junction was invisible however the road markings should have changed on the approach to the junction even if you cant see the junction. The point of the markings changing is to indicate a hazard or junction ahead. Alot of people arent aware of the reason for different road markings so worth noting for future reference :whistling:

http://www.ukmotorists.com/marking_signs.asp

scroll down that page and you will see what i mean

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You indicate from what you said that you knew the road ( waiting for this straight to overtake ), so you know there is a junction and a layby.

It's got to be your fault unless the van driver witness is indicating differently.

yeah i knew the road was there and normally an ideal position to overtake, but did not know that there was a layby there untill yesterday, as the corner is kinda bent and the only way to see it is ethier you know its there, or drive past it slowly.

its my fault, and i know the van driver will say that aswell

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your fault :whistling:

you should not overtake approaching a junction !

Just asked my sister to read that since she does RTA at the moment. Unfortunetly she said straight away that it is your fault! :( - Sorry.

thanks for that, i thought it was, that junction was invisible untill i hit the car, but its one of those things, ive took it on the chin learnt my lesson now,

other members opinions still welcome

Possibly one big factor you missed here and would have prevented you overtaking at that point.

You state the junction was invisible however the road markings should have changed on the approach to the junction even if you cant see the junction. The point of the markings changing is to indicate a hazard or junction ahead. Alot of people arent aware of the reason for different road markings so worth noting for future reference :whistling:

http://www.ukmotorists.com/marking_signs.asp

scroll down that page and you will see what i mean

yep thats hit the nail on the coffin, the marking were the last long with long lines

11a.jpg

which means:

Hazard warning line (replaces a centre lineor a lane line). An upright sign may indicate the nature of the hazard,such as a bend. The marking is used also on the approach to a junction

lesson learnt

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I would concur it was your fault, over taking is an at risk manouver (i.e. your risk).

I had a similar thing (in the 90's!) but the car had actualy pulled over to the left in to a layby outside a shop. Which is where I assumed he was pulling in to, he was in fact pulling in left to get a better swing over to the right in to his driveway!

He put his indicator on after the crash and his mate who was a policeman happened to be walking up the road at the same time! LOL

I hit him so softly that my dog on the back seat didnt even fall off it and there was nothing but a small scratch on my front left bumper. He however had to climb out of his passenger side door - new door and new wing!

Always best to assume everyone else is a muppet on the road :)

most of the damage to my car was that damn wall, if there was no wall, it would only one side, and possible repairable, what happened at the end? i assume you were liable for the accident?

Yes, to the tune of 600 quid or so, which was a lot back then in about 1993

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I would concur it was your fault, over taking is an at risk manouver (i.e. your risk).

I had a similar thing (in the 90's!) but the car had actualy pulled over to the left in to a layby outside a shop. Which is where I assumed he was pulling in to, he was in fact pulling in left to get a better swing over to the right in to his driveway!

He put his indicator on after the crash and his mate who was a policeman happened to be walking up the road at the same time! LOL

I hit him so softly that my dog on the back seat didnt even fall off it and there was nothing but a small scratch on my front left bumper. He however had to climb out of his passenger side door - new door and new wing!

Always best to assume everyone else is a muppet on the road :)

most of the damage to my car was that damn wall, if there was no wall, it would only one side, and possible repairable, what happened at the end? i assume you were liable for the accident?

Yes, to the tune of 600 quid or so, which was a lot back then in about 1993

i can imagine ! i was only 6 years old

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your fault :whistling:

you should not overtake approaching a junction !

i agree 10%

chances are now that the police will investigate further and possibly you may be done for driving without due care, this was what happend to the guy who pulled out on me.

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your fault :whistling:

you should not overtake approaching a junction !

i agree 10%

chances are now that the police will investigate further and possibly you may be done for driving without due care, this was what happend to the guy who pulled out on me.

oh that would great ending to it all, what would the penalty be? what happened in ur car? :crybaby:

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£5000 to the front passenger side

all his fault and the police investigations concluded this and offered him a driving course with certain rules or straight prosecution

dont know what the penalty be if you were prosecuted but if your local police force dont do the driving courses it could be a few points and a fine

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£5000 to the front passenger side

all his fault and the police investigations concluded this and offered him a driving course with certain rules or straight prosecution

dont know what the penalty be if you were prosecuted but if your local police force dont do the driving courses it could be a few points and a fine

thanks, im glad you told me that, cause now i can expect it, rather then a suprise

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As a motorcyclist, this situation is one which really worries me. You really learn to look out for anything on the right when you go for an overtake – since it’s so much easier to accelerate on the bike, you can (and do) go for overtakes where cars couldn’t and someone turning right across your path is the nightmare scenario. I know several folk who’ve been badly hurt by exactly that.

Glad you’re OK – those steel boxes do absorb so much more collision energy than a set of bike leathers!

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As a motorcyclist, this situation is one which really worries me. You really learn to look out for anything on the right when you go for an overtake – since it’s so much easier to accelerate on the bike, you can (and do) go for overtakes where cars couldn’t and someone turning right across your path is the nightmare scenario. I know several folk who’ve been badly hurt by exactly that.

Glad you’re OK – those steel boxes do absorb so much more collision energy than a set of bike leathers!

yh i can imagine it for a motorcyclist, as you said you can overtake at times where normally a car cant, and in this case, if i was on a motorcycle i would not be typing this now probally,

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Whilst I concur that you were at fault, the other driver must also be at fault for failing to check mirrors before pulling out to turn right into the layby. I think that as far as any police action is concerned, you are both technically liable for prosecution. Did the police actually measure up at the scene, tyre marks from braking etc. You state that she braked hard and continued to pull out, so if the van avoided her then possibly it might be concluded that you may have been able to do so. I think it unlikely that you will face any police action unless they have already intimated otherwise.

I hope you get a good result with both the police and your insurers and get a decent payout to replace it with.

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Whilst I concur that you were at fault, the other driver must also be at fault for failing to check mirrors before pulling out to turn right into the layby. I think that as far as any police action is concerned, you are both technically liable for prosecution. Did the police actually measure up at the scene, tyre marks from braking etc. You state that she braked hard and continued to pull out, so if the van avoided her then possibly it might be concluded that you may have been able to do so. I think it unlikely that you will face any police action unless they have already intimated otherwise.

I hope you get a good result with both the police and your insurers and get a decent payout to replace it with.

That's a good point, obviously I wasn't there but if you were sort of alongside the van, could you not have just slammed on the brakes and tucked yourself in behind the van again? Or at least just stop on the other side of the carriageway alongside the van?

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Whilst I concur that you were at fault, the other driver must also be at fault for failing to check mirrors before pulling out to turn right into the layby. I think that as far as any police action is concerned, you are both technically liable for prosecution. Did the police actually measure up at the scene, tyre marks from braking etc. You state that she braked hard and continued to pull out, so if the van avoided her then possibly it might be concluded that you may have been able to do so. I think it unlikely that you will face any police action unless they have already intimated otherwise.

I hope you get a good result with both the police and your insurers and get a decent payout to replace it with.

That's a good point, obviously I wasn't there but if you were sort of alongside the van, could you not have just slammed on the brakes and tucked yourself in behind the van again? Or at least just stop on the other side of the carriageway alongside the van?

when the police attended he did not nothing, just took my details and hers and the witness and left, he said his prority was to make sure the road was clear which it was.

when i was overtking the van and realised that the 4x4 was going to turn first reaction was to try pull in behind it and in front of the van, which was immposible due to the lack of space, second was then to try to avoid the 4x4, otherwise it would have been a direct side impact on to it, so i swerved to avoid that, i can remeber pressing the brakes hard, but it was too late to stop before hitting, so hit the car lost control and straight into the wall.

I do hope that no prosecutions are taken, and that its classed as 50/50

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