Who's at fault
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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?
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3 Replies
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Best Answer
Best AnswerFlashing 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. -
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.
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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?