Who is at fault, probably me. :)

  • Shock998's Avatar
    This got me thinking and thought I'll seek what others thought.

    Tonight I was coming up to join a dual carriageway from a side road. As it was late, it was not that busy and the dual carriageway has a 40mph limit. There is a bus stop just before the lane I was on, and a bus was pulling in hence no car was on the inside lane and 3 cars were on the outside lane over taking the bus.

    As I attempted to enter the inside lane, I realised one of the cars (middle) was starting to come in to the same land like almost purposefully stopping me, as there is no way she didn't see me. (I was in a silver car with lights on in the dark) we didn't collide, as I slowed down enough.

    A bit further up, at the lights she wound down the window and shouted 'you almost crashed in to me!' I was a bit shocked from the incident and asked 'why were you changing lanes as I tried to enter the empty lane?' She shouted back, learn to drive and closed her window.

    It got me thinking, I probably was at fault as I was the one joining a dual carriageway. But is that right? What would world have happened in regards to liability of there was a collision?

    Thanks


  • 6 Replies

  • Drivingforfun's Avatar
    My thoughts are that legally you would be liable as you were entering the road and it's on you to make sure it's clear; but that she was nonetheless acting arrogant- and ignorantly

    The law says people don't have to move over to facilitate someone joining a main road... yet I often sit at side roads watching people drive past with a totally clear right-hand lane, people seem to mistake "don't have to move over" for "must not move over" 🤔

    Anyway I'd she was evidently ashamed of her driving and was just compensating with aggression, going by stuff like the fact she didn't actually respond to your question but just insulted you instead 🙄
  • Rolebama's Avatar
    Basically, the way it works is that you have to wait until the road is clear before pulling out. Yes, I agree that most people will move across to the outside lane to let you out, but the morons are out there.
  • Shock998's Avatar
    Basically, the way it works is that you have to wait until the road is clear before pulling out. Yes, I agree that most people will move across to the outside lane to let you out, but the morons are out there.


    True, I do understand that I have to wait till the road is clear.

    The nearside lane (the lane that I would be joining in to) was clear, and there were no cars on it.

    Do people normally wait to join a dual carriageway for both lanes to be clear? I normally don't.

    I do understand it will probably would have been my fault as I was the one that was joining. But the fact she chose to change in to this lane at the same spot as a car waiting to come in seems bizarre. If not wanting to purposely cause a collision.

    Or maybe just really bad hazards perception. Or maybe I'm expecting much from other drivers.
  • Beelzebub's Avatar
    My thoughts are that legally you would be liable as you were entering the road and it's on you to make sure it's clear; but that she was nonetheless acting arrogant- and ignorantly

    The law says people don't have to move over to facilitate someone joining a main road... yet I often sit at side roads watching people drive past with a totally clear right-hand lane, people seem to mistake "don't have to move over" for "must not move over" 🤔

    Anyway I'd she was evidently ashamed of her driving and was just compensating with aggression, going by stuff like the fact she didn't actually respond to your question but just insulted you instead 🙄

    AFAIK the law doesn't. It's silent on the subject.

    What the law does say is that at a "give way" junction you must not cause a driver on the main road to change speed or direction.

    Or, as we instructors used to say, not to slow, stop, steer, swerve, scream or s**t themselves.
  • TC1474's Avatar
    If a collision had occurred, this is a case that would likely have gone 50/50 slit liability for reasons I will explain.

    You do indeed have a statutory duty of care to give priority and therefore give way to traffic on the major carriageway. When joining on a slip road you are required to adjust your speed so that you can blend in when the gap is sufficient for you to do so.

    However, by the same token any vehicle moving from an outside lane back to a left lane (in your case lane 2 to lane 1) also has a statutory duty of care to ensure it is safe to move into that lane without causing danger to other traffic or causing other vehicles t alter course or speed.

    If this driver could clearly see you, but still insisted on forcing their way back into lane 1 when the majority of decent drivers would hold their position until they had cleared the junction, then she commits the offence of careless driving.

    The driver in this case clearly failed to do that, and just about every court in the country in a civil case would have found her primarily liable (based on identical cases I have dealt with) but you might have to bare a degree of contributory negligence on your part, but the insurers would probably settle 50/50.
  • olduser's Avatar
    I doubt the other driver was changing lanes to deliberately block you, more likely, she was uncomfortable in the other lane possibly because the lane was traveling at greater than the speed limit.
    If she noted you in the junction she probably discounted you as she was on the major road, and expected you to wait.

    Whilst I do use other vehicles as shields at times, (a lorry on my right going into a roundabout shields me from traffic on the roundabout if I am going left), I would not expect a bus stop to be close enough to a junction to guarantee a vehicle will not clear the bus and return to lane 1.

    When waiting at a junction I don't expect traffic on the major road to help, it's just a bonus if they do but even then due caution is needed, have others on the road understood what the, 'kind' motorist is doing?

    A few seconds that might be saved pale into insignificance weighed against the time spent exchanging details after even a mild bump.