Car Talk - Non S2000 General Motoring and Non S2000 Car Talk

Crash Blame

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Old Nov 10, 2009 | 08:44 AM
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Imagine a T junction between 2 A roads.
Both have a 50 limit, both have normal dashed white lines for the length of the section in question.

Mr Turner drives up the road and at the T he glances right sees the road is clear and pulls out to the left. . . . .. and meets Mr Overtaker.
They Crash.

I'm wondering if anyone knows legally who is to blame here.

I'm also interested in discussing any personal opinions from anyone who doesn't know the law.

Would it be different if Mr Turner was pulling out of a driveway rather than another A road?
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Old Nov 10, 2009 | 09:02 AM
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Although occasionally unfair, I would blame Mr Turner both times.
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Old Nov 10, 2009 | 09:03 AM
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Assuming Mr Overtaker is driving legally

Mr Turner is to blame

He has committed the common error of only looking right when turning left from a junction

It is his responsibility to check that the road is clear before entering it from behind a stop line

He has to give way to traffic from both directions, not just stuff coming from his right

Mr Turner may wriggle, but he is extremely unlikely to get anywhere
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Old Nov 10, 2009 | 09:11 AM
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Give way means Give way.
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Old Nov 10, 2009 | 09:18 AM
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- albeit one may question the wisdom from a common-sense point of view of overtaking by a junction of course.
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Old Nov 10, 2009 | 09:24 AM
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Originally Posted by smnasn,Nov 10 2009, 06:18 PM
albeit one may question the wisdom from a common-sense point of view of overtaking by a junction of course.
not without more facts

maybe the car being overtaken had stopped?

is Mr Overtaker to sit there until it moves off again?

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Old Nov 10, 2009 | 09:38 AM
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Originally Posted by gaddafi,Nov 10 2009, 07:24 PM
not without more facts

maybe the car being overtaken had stopped?

is Mr Overtaker to sit there until it moves off again?

Well indeed.

But assuming motion then clearly it is unwise.

And assuming the overtakee is stationary, the overtaker might be well advised to use his horn to warn of his action.

Unless it's after 11:30pm. Then I give up
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Old Nov 10, 2009 | 09:38 AM
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Can anyone think of a time when you could blame Mr Overtaker.
Either legally or morally?

I guess you could argue that if Mr Overtaker could see Mr Turner approaching the junction then he would be foolish to overtake ... but of course it's still Mr Turners responsibilty to check.
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Old Nov 10, 2009 | 09:41 AM
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If Mr Overtaker was driving outside of the law, speeding, no lights at night etc.... then Mr Overtaker would be to blame.
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Old Nov 10, 2009 | 09:41 AM
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isnt there something about not overtaking (unless ABSOLUTELY nesscersary) at junctions, including T junctions like in this scenario?

i'm siding with the above - mr turner is in the wrong since you should look both ways before pulling out.
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