who would have been at fault? me or him?

paulh

paulh

paulh

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Hi guys,

I was driving home tonight it was dark and rainy. There was a slow van in front of me and a car behind. The car behind's driver side front light was out and the other very dull indeed!
I went to overtake the van 2 seconds after the car behind did the same, however I didn't see the car behind pull out. I really did look as the road is a nightmare for people pulling out to overtake, but I didn't see it due to the poor/broken lights.

Anyway the bloke beeped and I pulled back in, I got past the van shortly after and was following the car with the bad light. I followed him for about 8 miles and we came to a T junction, he got out of his car and went mental at me. I told him to **** off it was an accident, he punched my side mirror (big man), walk of then sped off in his car.

I admit it was kind of my fault as I didn't see him. But if there had been a crash who would have been to blame as if his lights had been working properly I'm sure I would have seen him! Although I guess proving his light were bad would not be easy!

what do you think??
 
One of them things, welcome to the world of motoring. Sometimes it goes wrong and trying to analyse it deeply is wasted energy.
 
You pulled out without knowing if it was completely clear. You only ever overtake if you are 100% sure - you should have seen even his dull lights, if the conditions were such that you couldnt then the overtake was a bad move :)

We've all done it, chalk it down to experience :)
 
yeah i guess, just ****ed me off he felt the need to get out of his car to moan at me... bit over the top i thought! especially as it was raining big time.
 
paulh said:
yeah i guess, just ****ed me off he felt the need to get out of his car to moan at me... bit over the top i thought! especially as it was raining big time.
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Another fact of motoring. People like this car driver exist...
 
Sounds like a bit of an overreaction tbh, there's all sorts on the road!!

No harm done though which is important, chalk it up to experience :)

If you'd hit the guy I imagine you'd be at fault, maybe a portion of contributory neg on his part, 70/30 maybe? for his poor lights and suchlike
 
When you say you followed him for 8 miles, was that because it was your route home or because you were following him?!

Anyway I would say that it was his fault as told, because you cannot be expected to see things that are not visible to the human eye, i.e. a car with inadequate lighting.

If for example you had hit a cyclist riding in the dark that didn't have a high-vis jacket and flashing lights etc. then it would have been the cyclist's fault.

If you had pulled out in front of the car, I bet you the police and insurance companies would have laid the blame at his feet due to inadequate lighting. Police can pull you over for having one dipped beam light out, even if your sidelights are still working.
 
The guy with the dodgy lights was behind him I think.

It would all depend on whether he was going faster than you when you pulled out or whether your were both going the same speed. The first, probably your fault, the second all his fault.
 
Yeah followed him as it happens to be the same way i was going its just one single road for about 10 miles until the T.

i might have seen him better if it was the drivers side that was working cause as he moved out i could see nothing. The road is very dark with no light around for a while.

ah well like everyone said you live and learn.

could have been worse and been a crash.
 
Jokester said:
The guy with the dodgy lights was behind him I think.

It would all depend on whether he was going faster than you when you pulled out or whether your were both going the same speed. The first, probably your fault, the second all his fault.
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yeah he was behind me. i'd say he was prob a little faster than me at that point but it would have been close 5mhp.
 
I imagine it would be complicated to work out.

If he was behind you, then screwed you over by not letting you go first, then imo he is a bit of a tool.
 
No excuse for damaging your car.

But aside from that it reads like you were in the wrong, as the trouser wearing Fox quite rightly said chalk it down to experience.
 
He did no damage to it, he was just maning off i think!

ah well i'll forget about it and move on.
 
al123 said:
If he was behind you, then screwed you over by not letting you go first, then imo he is a bit of a tool.
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I hate that, when you're pulling out in a 2 lane road to go round something slow / stationery on your lane and the **** directly behind you decides to do the same, and also accelerate round you, beeping their horn.

Can they not just let you go first?
 
Le_Petit_Lapin said:
Can they not just let you go first?
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As long as I am certain it can be done safely, I'll always try and get past first especially on longer A road based trips usually because I don't want to be stuck behind you any more than I want to be stuck behind whatever you were behind, either. There is often limited time to get past people safely.

If I am indicating my intentions and pulling out before you indicate, then it is your duty to make sure the road is clear for what you want.
 
If i'd have seen him i'd have waited, it just made me look like a bad driver cause he's got a light out.
 
There's all sorts on the roads, you just have to put it down to experience if there's no harm done. Just like the tool I encountered today - on a dual carriageway, I was in the outside lane at ~75, slow moving lorry on the inside lane crawling along and some tat badged up as an M3 right behind the lorry. When I get to about 2 cars' lengths behind, he pulls out in front of me without any indication - doing at least 20mph slower than me.

I flash at him to say "oi, at least give me some idication", he actually pulls back into his lane but then spends the next 2 miles tailgaiting me, flashing his lights and waving :rolleyes:
 
Overtaking is an 'at risk' action so it would be very much his word against yours. If there was an accident his lights may well have been damaged in the collision etc.

Still does not warrant his behavior.

As most have said the longer you have been driving the more you expect this scenario and the wiser you become - even if you were not at fault/not totally at fault a little wave or sorry as he passed may well have pacified the other driver and you chalk it up to experience etc !
 
Duke said:
I would have reversed and not let him get near my car, what a nutter.
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Last time someone confronted me like this, he was behind me and I was stopped at lights. As he got out, the lights went green - driving at a van drivers running pace has never been so much fun :D
 
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