Who was at fault?

-westy- · 30 May 2013 at 11:01

Hi,

So I witnessed an accident on Monday on my way home; this was on a normal A road, with flowing traffic in both directions. The accident happened as follows:

A Mercedes pulled up to a junction on a side road, and crossed the Give Way lines
A Nissan Primera, upon seeing this car, has to perform an emergency stop - swerving to avoid the Mercedes would have put him into oncoming traffic.
A Fiat 500 then hit the back of the Primera

This resulted in this situation, excuse the epic paint skillz:

Now, of course the person responsible for the impact is the driver of the Fiat 500, as she must have been following too closely to be able to stop in time. However, what part does the driver of the Mercedes play, if any, as he was partly responsible for the accident?

I've been asked to fill out a witness statement; I know who I think is responsible, however I'd be interested to hear people's opinions.

Haggisman · 30 May 2013 at 11:06

Although morally part of the blame should lie with the Merc. driver for pulling out, unfortunately they'll get off scot free while the Primera gets shafted with higher premiums for a non-fault accident. The insurance company should, and most likely will, hold the Fiat 500 at fault, for as you say, driving too close to stop safely.

rodenal · 30 May 2013 at 11:08

Cut and dry 500 for me

Merc shouldn't have encroached onto the main road, but made a mistake then stopped. Nissan driver was driving at appropriate speed and with enough awareness to stop in time, 500 did not. Fiat at fault

mattyprice4004 · 30 May 2013 at 11:08

Nope, the 500 is at fault for not leaving enough space.

Regularly brake testing tailgaters helps stop this kind of thing

-westy- · 30 May 2013 at 11:08

It should be noted that the Mercedes wasn't just stopped there when the Primera came on the scene; it pulled up to the junction as the Primera approached, so it was a simultaneous action of sorts.

Janesy B · 30 May 2013 at 11:09

The Fiat driver, will be pretty clear cut because the accident wouldn't have occurred if they left more of a gap.

p1RATE · 30 May 2013 at 11:12

Fiat 500 as others have said

mattyprice4004 said:
Regularly brake testing tailgaters helps stop this kind of thing

I pray that you don't actually do this...

gregorius · 30 May 2013 at 11:16

Merc driver might be done for driving without due care and attention...

eatcustard · 30 May 2013 at 11:16

As with all the rest the 500 is at fault.

GravyMonster · 30 May 2013 at 11:17

Morally responsible; the Merc.
Legally responsible; the 500.

Howard · 30 May 2013 at 11:17

rodenal said:
Cut and dry 500 for me

Merc shouldn't have encroached onto the main road, but made a mistake then stopped. Nissan driver was driving at appropriate speed and with enough awareness to stop in time, 500 did not. Fiat at fault

This is my opinion also.

gregorius said:
Merc driver might be done for driving without due care and attention...

No they won't - we can all make mistakes which either result in a near-miss, or a collision. You cannot penalise every little mistake. Had the 500 not have been following too closely and/or not paying attention, there would have simply been a screech of tyres, some horns and/or swearing, and everyone would then be on their way. The reason for Nissan performing an emergency stop is irrelevant. Cars have powerful brakes which can enable them to stop very quickly if need be.

Janesy B · 30 May 2013 at 11:17

gregorius said:
Merc driver might be done for driving without due care and attention...

Doubt it

div0 · 30 May 2013 at 11:18

Fiat 500 is responsible.

Very poor driving from the Merc, but the Primera was able to stop and if the Fiat hadn't been driving too close, then the result would likely only have been some angry gesturing and a few toots on the horn.

It's easy to blame the Merc, as nothing would have happened if he'd not pulled out. But people need to learn to drive more defensively. There's no excuse for not being able to stop, when the car in front does. The Fiat driver was driving too close.

Haggisman · 30 May 2013 at 11:19

gregorius said:
Merc driver might be done for driving without due care and attention...

Not a chance!

I'd put money on there being absolutely zero consequences for the Merc driver

ubersonic · 30 May 2013 at 11:20

Legally speaking the 500, morally the Merc. Out of interest did you see if the 500 was following too close?

-westy- said:
Now, of course the person responsible for the impact is the driver of the Fiat 500, as she must have been following too closely to be able to stop in time.

Are you sure about this? just asking as its quite probable that the 500 driver saw the Nissan braking while approaching a junction and didn't realise it was an emergency stop until it was too late (this type of situation catches out a surprising amount of drivers).

-westy- · 30 May 2013 at 11:22

ubersonic said:
Legally speaking the 500, morally the Merc. Out of interest did you see if the 500 was following too close?

I didn't, no. It was only a low speed impact - when I stopped to give my details the 500 had a cracked number plate plinth and the lower grill was cracked and pushed in due to the tow bar plate on the Primera.

-westy- · 30 May 2013 at 11:27

ubersonic said:
Legally speaking the 500, morally the Merc. Out of interest did you see if the 500 was following too close?

Are you sure about this? just asking as its quite probable that the 500 driver saw the Nissan braking while approaching a junction and didn't realise it was an emergency stop until it was too late (this type of situation catches out a surprising amount of drivers).

The way I phrased it was an assumption, as to be sure I'd need to work out braking distances etc. The same assumption that an insurance company would make. The 500 was too close to stop in time, regardless of how the person in front applied the brakes.

div0 · 30 May 2013 at 11:28

ubersonic said:
Are you sure about this? just asking as its quite probable that the 500 driver saw the Nissan braking while approaching a junction and didn't realise it was an emergency stop until it was too late (this type of situation catches out a surprising amount of drivers).

Isn't that the definition of following too close?

That the driver didn't leave enough 'thinking' time to work out what the car in front was doing and then react accordingly.

Howard · 30 May 2013 at 11:30

-westy- said:
..regardless of how the person in front applied the brakes.

Or what for.

They could have had to perform an emergency stop for many reasons - Children running into the road, adults running into the road, animals running into the road, wayward vehicles, Godzilla, a meteorite, the cause is irrelevant. Sufficient space between cars and observation on the part of all drivers involved should mitigate the risk of a collision.

We've all done it - the car infront stops abruptly and you go "whoa ****" *anchors* and stop in time. In this case, the 500 didn't. They are at fault.

Havana_UK · 30 May 2013 at 11:30

-westy- said:
I didn't, no. It was only a low speed impact - when I stopped to give my details the 500 had a cracked number plate plinth and the lower grill was cracked and pushed in due to the tow bar plate on the Primera.

Aaah, tow-bars. The best defence against a rear-end shunt!

I would say the 500 is at fault here. The fact is that the Nissan driver was aware enough to avoid the accident and the Fiat driver either wasn't or was following too closely to react in time.

Had the Nissan hit the Merc, and the Fiat then hit the Nissan, however, it would be an entirely different story.