Safe Speed Forums

Do any of you legal beagles know who would have been responsible in law if there'd been an accident in the 3 incidents I experienced recently? I suspect I might have been held responsible. Only in the first incident did I correctly anticipate the other driver's actions.

I was on the main road. A car turned into the road from a housing estate. The driver did not bother looking. I managed to stop in time, but what if I hadn't?

A car was dawdling by the side of a country road. I signalled and started to overtake, whereupon it started to turn right into an opening leading to a car park. The driver then signalled to turn right. I only just managed to avoid a collision. But what if I hadn't?

A tractor and trailer slowed down on a B road at a point where two lanes meet the road. Its indicator clearly suggested it was going to turn left. I signalled and began to overtake. It began to turn right! I was going slowly enough to avoid a collision. But what if I hadn't?
I didn't have the presence of mind to sound my horn to alert the driver to the fact that something was wrong - like his indicator wires were crossed. Would other drivers have done so?

The first and last incident were almost certainly not your fault.
The second one is a matter for conjecture. Whilst the other driver was almost certainly guilty of 'driving without due care and attention', you, in turn, should comply with the requirement to show diligence and care when overtaking and any possibility that the other 'dawdling' driver might do something unexpected should be taken into account. It could be said that it's your responsibility to make sure he/she is aware of your presence before you overtake. Six of one..........etc.

oh right, because it's a really smart idea to overtake at a junction.

I don't believe that you would have been held as 'blameworthy' in any of these incidents.

But the clear lesson is that you are at risk of becoming crash involved because you are not making sufficient allowance for the errors of others.

It's FAR better to avoid a crash rather than crash and be in the right. After all crashing might hurt.

Have a read of the article I wrote for http://www.nearmiss-report.org : http://www.safespeed.org.uk/forum/viewtopic.php?t=5705

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

in the 3rd case wouldn't you have to prove the tractor wasn't indicating right? Wouldn't the tractor driver's insurance company try to at least argue for contributory negligence (or whatever it's called) because of the overtaking at a junction?
As for case B this happened to my brother but unfortunately he wasn't so lucky. I'm sure he was also found to be at fault.

If facts are disputed, then of course anything might happen. I based my (brief) judgement on the description given.

But from my perspective ALL the incidents were predictable and avoidable and that's the issue that seems important to me.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

One of my mentors sayings " treat other road users as idiots and a safety hazard till they prove that they aint, and give them space accordingly"

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lets bring sanity back to speed limits.
Drivers are like donkeys -they respond best to a carrot, not a stick .Road safety experts are like Asses - best kept covered up ,or sat on