(UK only pls) RTA (Road Traffic Accident) - who's at fault ?

Ok imagine you are in your car on a sideroad, at a junction to a busy main road.

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You want to turn right across that main road but its a busy road.

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There is traffic coming from your immediate right. There is also traffic coming from across the main road down the left.

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You sit waiting at the junction to the main road for a long time and can't get out.

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Eventually the traffic from the right eases up... and a big gap appears with no traffic from the right for quite a long distance.

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So you decide to pull out and half block the road... waiting for a new gap in traffic on your left to appear, or to be flashed out by a considerate driver, so you can complete your right turn on to the main road.

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However whilst you are sat stationery in your car.. waiting for the gap to appear on the left side. a car from the right side doesn't slow down... (despite you having blocked up the road for the past 20 seconds) and just ploughs in to you for a big smash.

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Which driver/car is at fault ?!

Answers:

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147: You MUST stop behind the line at a junction with a 'Stop' sign and a solid white line across the road. Wait for a safe gap in the traffic before you move off.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 16

148: The approach to a junction may have a 'Give Way' sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
Laws RTA 1988 sect 36 & TSRGD regs 10(1), reg 16(1) & 25

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My interpretation says that even if the other car was driving without due care and attention, the car stationary in the middle of the road should not assume a gap or courteous driver will appear but wait at the junction until it is safe to turn.

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You are mate for sitting in the middle of the road! No challange atall on that one im afraid.

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I would say the driverwho ploughed into you, he was obviously being careless and not paying attention and driving dngerously, that's my oppinion, sorry if it's not the right one.

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The stationary car is at fault. If you were turning onto a main road then there would have been a give way sign on the junction to tell you to give way to the traffic on the main road, also, pulling out across a busy lane and causing a traffic obstruction (though a lot of people do it) is against the rules. Admitted the other driver should have slowed down, but you shouldn't have been there in the first place.

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Both. 50/50. He has to bear some responsibility as he should have seen you if he was driving with due care and consideration. You have no right, in law, to obstruct a highway.

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My thought is that its the driver that hit you. For a start, it seems like they would be guilty of driving without due care and attention (or whatever that offence is called these days), and secondly it would seem questionable how an accident could be 100% the fault of the person in charge of a stationary vehicle! I guess its up to the insurance companies to argue out, and I guess they may say that each driver should take a portion of the blame.

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it would be your fault for blocking the road ,althoug the other driver could have sloewd down thay would of see you but you would still get the blame

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It's 50/50 like someone has already said. You should not have been there but, seeing as you were the other driver should have seen you and been prepared to slow down and stop.

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My first instinct would be to say the other driver, as he should be travelling at such a speed as to be able to stop short of any obstruction, as far as the road can be seen to be clear, plus he wasn't paying attention.

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However, was it dark or poor visibility? He/she could argue that because you were side on, your lights could not be seen.

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Next time, although it wasn't really your fault, you could turn left, then turn right at the next junction (or go round the next roundabout), so you'd only have to cross one carriageway at a time.

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If your car was stationary then regardless of what happened its the fault of the other driver!
You have to be able to stop in the visible clear road ahead and you must approach junctions with caution!
Anything else is driving without due care and attention!
Your insurance company will probably stiff you anyway but your in the right!
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