Had a motor accident - who is to blame?

doopydug

doopydug

doopydug

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I was leaving a garage today after getting new tires fitted. The exit is a driveway descending a slight slope to the main road. Its a proper entrance / exit with double yellow lines across it to stop parking etc

As I drew up to the junction to turn left with the flow of traffic, I looked left and then right. As there was no traffic coming in my direction, I prroceeded to join the carriageway but, lo and behold, a taxi apeared out of nowhere, to drop off a fare, in front of me and I bumped into the side of it.

A (the taxi) was travelling from left to right and must have crossed the carriageway when there was a break in the traffic and come over to my side of the road and ended up facing against the flow of traffic on the double yellow lines.

Sorry for the blurry image - hope you get an idea of where the cars ended up?

accidentv.jpg



accidentw.png
 
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pioneer2000 said:
Lol. You drove into a taxi and you're asking who is to blame?
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He wasnt there when I looked - he must have skipped over the carriageway and pulled up on the yellow lines quickly. I didn't realise it was so cut and dried - dont really know what else I could have done to avoid it
 
Actually, crossing the flow of traffic could throw it in his favour as I'm sure it's strictly an offence.

Also from the drawing the taxi was stopped within 10m of a junction which is also an offence.
 
Taxi driver was a tool to put himself in that position. Good luck getting the insurance peeps to agree to that though.
 
He was on the carriageway and you weren't so you should be aware of him. You didn't see him and drove into him regardless of the crappy driving he was doing, yours was obviously worst.
 
neodude said:
Only an offence if he crossed a solid white line on his side. Otherwise nobody would ever be allowed to overtake.
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Good point, going to check highway code now.

However rule 238-waiting and parking "Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs."

Rule 239 - "Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside

do not park facing against the traffic flow"

Rule 160
"Once moving you should

keep to the left, unless road signs or markings indicate otherwise. The exceptions are when you want to overtake, turn right or pass parked vehicles or pedestrians in the road"

No mention in there of 'unless you want to drop off a fair'
 
It sounds like a tit for tat accident.
You just tell your insurance that you're pulling off when a car comes over from the opposite side facing the wrong way and you couldn't avoid hitting it.
 
In normal circumstances you will be held liable. Either for a) hitting a stationary vehicle or b) emerging in to the main carriageway and colliding with an already established vehicle - depending which way the taxi driver reports it.

However, depending on how you and the taxi driver report the incident could potentially lead to an element of contributory negligence against the taxi driver. If it is reported and argued that as you were pulling out he has crossed on to the wrong side of the carriageway to stop and then the collision has taken place; there is an argument that the taxi driver will have some blame attached - having no witnesses in the taxi drivers favour will help this cause.

The fact that he has illegally parked is irrelevant in a liability argument, the fact that he was there to be seen would be enough to establish liability against you.
 
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