Accident - fault question

[Archangelus]

My Morhter-in-law has had a bump with a van, and I'm interested to gather opinions as to who you all feel is at fault.

She was driving along a road, having turned left into it, and hasn't realised that her left indicator is still going. As she is approaching a side road on the left, a van that is waiting to turn right out of it (across her path) pulls out, she can't stop in time, and she hits him. Whilst she was indicating left, she hadn't slowed at all, as she was intending to continue along her current road.

Impact with the van was with the front drivers side wing, which she hit square with the nose of her car, T-bone style.

Question is, who would you judge to be at fault, and why?

Thanks

 

[MagicBoy]

Van driver. He was on the minor road.

I was taught if in doubt, don't pull out.

Another fun quote from Under Siege 2 - "Assumption is the mother of all ****ups".

 

[Skilid]

Seen this before. Ended up being 50-50. Although, by the book I believe the guy pulling out would be at fault as you are supposed to wait until the vehicle indicating has turned in before you pull out.

 

[Haze]

well it will just end up being a 50/50 case so wont matter

 

[Maccapacca]

Theoretically it's their fault however she should have have cancelled her indicator, something like this will go 50/50 unless you push it with the insurance company

 

[WrathOfAchilles]

Removal old post

 

[WhiteCobra]

Van's at fault

Highway Code 104

104
You should also
watch out for signals given by other road users and proceed only when you are satisfied that it is safe
be aware that an indicator on another vehicle may not have been cancelled

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070289

 

[AJK]

Van's at fault

Highway Code 104

But here's Highway Code 103 (from your link):

103
You should always [...] make sure your signals will not confuse others.

So by that and 104 it could be 50/50 - both rules broken, right?

Not that there are any RTA laws attached to those particular HC entries mind you.

 

[Locky]

Just lie and say the indicator was off, like most folk would.

 

[thepeganator]

Van drivers fault.

Signals are an indicator and not gospel, they are there to help and should not be trusted!!
They are there so you don't surprise people by what you do and to help them, you don't have to do what you say you are doing.
What if you changed your mind?

Although it is likely to go 50/50 as that's what happens with these things :/

 

[Fuzz]

Just lie and say the indicator was off, like most folk would.

I like the cut of your jib

 

[Archangelus]

Thanks for the replies guys. For some reason, the police are saying that they have enough evidence to take her to court, so she should go on some driver awareness course, as ' the fine will be big, and police court costs will be £500+'. Haven't got full details, only been told this second hand.

Fortunately, the legal protection bod that the insurance sent round seems to have her head screwed on, and has said that she never heard of the police saying anything like that, especially when they haven't even taken statements yet.

Will keep you informed.

 

[InvaderGIR]

Police don't need to be involved unless there was actual injury...ie she broke the van driver's legs or something.

 

[Archangelus]

Neither of them were injured, other than a touch of whiplash and a couple of bruises, so I can't understand the polices comments at all.

 

[Scania]

50/50

She did not ensure she'd cancelled her indicator, he assumed she had not for a reason i.e. he thought she was turning.

So they are both in the wrong you could say.

I'd be very surprised if this was anything other than 50/50

The comments re the Police sound strange though, I can't see why such a thing would be implied.

 

[nshire]

I was taught that you should only start turning out (crossing pass) once the other driving starts turning in. So would say its more the van drivers fault but accept that there is some blame on mum in law .

 

[Mucky_Pup]

Van driver's fault. Only thing indicators tell you; is that the bulb inside of them is working.

 

[Westyfield2]

This is one of the few cases when I actually reckon 50/50 would be the correct result .

 

[Clarkey]

This is exactly what happened to me, only put me in the van drivers position. I've been told both by the police and by the insurance that there is categorically no chance that it would go 50/50, regardless of any indicators.

 

[MagicBoy]

Thanks for the replies guys. For some reason, the police are saying that they have enough evidence to take her to court, so she should go on some driver awareness course, as ' the fine will be big, and police court costs will be £500+'. Haven't got full details, only been told this second hand.

The Police tried something similar on with my Dad a couple of months ago. Back in November he turned left out of a T-junction with a Give Way onto a major road and allegedly caused a motorcyclist to fall off in avoidance who then caused damage to a Van going the other way.

Both my parents were in the car and didn't have a clue any incident might have taken place anywhere near them. There's no CCTV evidence, only a statement from the motorcyclist and a random pedestrian, one of whom remembered the registration number which got traced by the Police.

Police threatened him with a court appearance for Dangerous Driving unless he opts to take part in a full day awareness course at a cost of £200.

It got me a bit angry that did. It strikes me that the Police are bullying him into coughing up for the course in order to make it go away. I told him to go to court on principle, but I doubt he will.