Who's at fault

  • gooner1886's Avatar
    Help appreciated guys, Person A is turning left out of a car park, person B in incoming traffic yealds and 'flashes' person A to allow them out, person C overtakes person B as the road turns into two lanes about 50 yards further on at the traffic lights and collides with person A.... Who is at fault here?
  • 3 Replies

  • Best Answer

    TC1474's Avatar
    Best Answer
    Flashing headlights mean nothing more than "I am here"

    Forget 50/50, liability will be split 3 ways but in varying degrees.

    Driver A acted on the signal of another road user and failed to check that it was safe.

    Driver B gave a wholly inappropriate signal upon which another driver acted.

    Driver C overtook when it was clearly unsafe to do so.

    Driver C will be held primarily liable, but contributory negligence will/could be filed against drivers A and B.

    All depends on how good your insurers or legal representatives are, but I have dealt with a few of these types of cases.
  • Drivingforfun's Avatar
    I believe that insurance may say 50-50 however, strictly, person A is at fault

    If pulling out from a junction you have to give way to traffic on the road you're turning into from both directions, regardless of the direction of travel in a given lane - i.e. including anyone in the "wrong" lane making an overtake

    Being flashed out doesn't change anything, it's on driver A to pull out when it's safe

    Person C is acting in an inadvisable way by overtaking at a junction, and person B too - technically you shouldn't flash people out, but I think the majority of blame would fall on person A

    This may be wrong and someone may correct me!!
    Last edited by Drivingforfun; 27-11-24 at 16:57.
  • Drivingforfun's Avatar
    That does make sense to me @TC1474

    Just I remember seeing a similar scenario, simpler, as it didn't involve a 3rd road user flashing, it was someone who only checked to their right when turning left and had a head-on with a driver who was mid-overtake

    It was commented that the overtaker should certainly have thought before overtaking near a junction but liability went with the car who pulled out into the main road

    I guess, like you say, it depends on who has the best insurers/lawyers?