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rayhughes

Joined:

Apr 09

Posts: 3

rayhughes says:

Overtaking a vehicle who suddenly turned right

Can anyone give some advice to who is liable? Sorry the explanation is longwinded but it gives full details to my recent accident. The third party insurers are trying to get away with 70/30 in their favour, claiming the accident happened at a juntion. The nearest juntion was 60 meters ahead of the accident scene. The other vehicle driver had not followed the Highway code by checking his mirrors prior to turning right or positioned correctly for a righthand turn and had given advanced warning he was turning right before I began overtaking.

 At approx 12.45pm. I had turned right off XXXXX Road onto XXXXX road. The weather conditions were good and the road was dry, I was wearing a high visibility reflective bib.I was following behind a vehicle. At speed humps the third party moved his vehicle to the left of the road and held that same position. After the speed humps I positioned my vehicle slightly left of the centre line. I held my road position for a further 15 meters and the vehicle was still travelling by the left hand side of the road at approx 15-20mph. I checked the road behind and ahead and the vehicle had not indicated right so is was safe to overtake, I indicated and began to overtake travelling approx 25-30mph. As I was overtaking the vehicle he changed his road position and moved to the right side of the lane into my path as he was tuning right onto his driveway. I broke immediately to avoid him, steered right, skidded and collided with his vehicle. 

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  • Posted 6 years ago (08 April 2009 00:34)

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Rowdygimly

Joined:

Jan 09

Posts: 96

Rowdygimly says:

Right Turns

Strictly speaking overtaking anyone when there,s a right turn ahead is a major no no,there,s always the chance a car will just out of the blue turn right.
I think your gonna have to bite the bullet on this as it,s hard to prove who,s totally at fault

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jaffa90

Joined:

Mar 09

Posts: 9012

jaffa90 says:

right turn

After an accident the first thing you do (apart from stop) is find an independant witness if possible,if not your on your own:upset:which is your word against his or hers,also your ins and there ins will not accept liability:upset:your last resource is to ask your ins for the other drivers statement of the accident,best of luck! BEEN THERE DONE IT.

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iancol

Joined:

Sep 07

Posts: 1100

iancol says:

Right turn accident

At 30 mph, 60 metres would be covered in just over 4 seconds - not long, suggesting you'd be lucky to get back on your side of the road by the time you reached the junction, so the offer made doesn't sound too far out?

Having said that, the driver would still have made his mistake whether there had been a junction or not, so should be pushed for full liability.

This is a perfect example of the statistic that most accidents happen close to home, when concentration's not what it should be - another thing to hit the driver's insurer with?  Good luck.

[This Reply has been modified by the Author]

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sprag

Joined:

Aug 02

Posts: 2491

sprag says:

overtaking 60 yards from a junction?

I seem to recal from the last time I looked at a copy of the highway code [1968 when I took my car test] there being something about not overtaking when you were approaching a juction..... I always hold back when the vehicle in front [esp if its a van] is going at less than the speed limit..... always meens the twat is looking for an address and could stop or suddenly make a turn without looking [I forgot my own golden rule a few weeks back and some slag in a gasboard van did a 'U' turn right in front of me nearly having me off.]

You say your particular wanker turned right and into his drive? thats another favourite of the car brigade and should always be on your mind when following one of these wankers as they only have one thing in their mind.... need to get home/want me dinner/going to charver the wife etc etc.... and a motorbike following behind is the last thing he will be thinking of as he suddenly turn right so be careful out there.

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mrh3369

Joined:

Jun 06

Posts: 303

mrh3369 says:

Sprags post made nice.

sprag says

overtaking 60 yards from a junction?

I seem to recal from the last time I looked at a copy of the highway code [1968 when I took my car test] there being something about not overtaking when you were approaching a juction..... I always hold back when the vehicle in front [esp if its a van] is going at less than the speed limit..... always meens the MOTORIST is looking for an address and could stop or suddenly make a turn without looking [I forgot my own golden rule a few weeks back and some NICE LADY in a gasboard van did a 'U' turn right in front of me nearly having me off.]

You say your particular IDIOT turned right and into his drive? thats another favourite of the car brigade and should always be on your mind when following one of these IDIOTS as they only have one thing in their mind.... need to get home/want me dinner/going to charver the wife etc etc.... and a motorbike following behind is the last thing he will be thinking of as he suddenly turn right so be careful out there.

:lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::lol::tongue:

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Motorcycle Accident

Hi Ray

I am assuming the speed limit was 30mph. There were traffic calming measures in place (speed humps). There was a junction approaching and presumably lots of driveways around. I am assuming that the driver ddid not indicate. I think that primary liability rests with the driver of the car. He should have used mirror, signal and manoeuvre if safe to do so. Had he undertaken these simple checks the accident would not have happened as if he was indicating his intention to turn right you would not have overtaken him. I feel that were the offer the other way round, that is 70% in your favour, then that would be acceptable bearing in mind litigation risk. On the  evidence I would not be happy to accept 70% of the blame. I have not seen all the papers so cannot give a definitive answer.  Regards, Andrew Campbell, Head of Motorcycle Claims, New Law Solicitors. www.bikelawyer.co.uk

Finalist, Personal Injury Lawyer of the Year 2008

andrew.campbell@new-law.co.uk

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tbird98

Joined:

Mar 09

Posts: 116

tbird98 says:

Right Turns

I have to say that when the same happened to me a year ago the third party insurers said the same, it was my fault as I should not have been overtaking on the approach to a junction.

Only thing that won it for me, in that they gave up and pulled out, was when I gave them three witness names who all "saw" him make the move, that and the fact I informed them I was counter claiming for a new left hand fairing panel, engine casing, indicator and clutch lever.  When they compared that to the £37 they were claiming for a new wheel trim they backed off totally!

Good luck.

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Dumptruck

Joined:

Sep 07

Posts: 529

Dumptruck says:

I'm going to come in on the side of

Rayhughes on this one as i feel hes getting a hard time, granted, it perhaps wasnt the wisest place to overtake but that surely doesnt negate the fact that the driver didnt look or indicate!! Ive had a look through the highway code and cant find the bit that says "you have no need to use your indicators if you are within 60m of a junction"

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rayhughes

Joined:

Apr 09

Posts: 3

rayhughes says:

Thanks

Thanks 4 all your fedback. Having read the highway code from cover to cover...especialy the overtaking section, it does not state the distance when a person is 'approaching a juntion', looks to me a very grey area and you will always be aproaching a juntion. The only measurments seem to be stopping distances and parking. 

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Bikerlawyer

Joined:

Jan 09

Posts: 3

Bikerlawyer says:

Overtaking accident

Hi Ray ,

Bikers often get a raw deal in these circumstances . As he was turning into his drive the junction ahead is a complete red herring as he wasnt turning into the junction. You were there to be seen and the driver has not checked his mirrors . Its the drivers fault in my view . There is a possiblity that you could be found partly to blame and a more detailed analysis of the facts is required . I think you should be looking at 75/25 in your favour as a commercial settlement but on the facts as you put them you stand a chance of winning 100% at Court . The highway code is not binding in law and if you look at it in detail there is far more blame attached to the driver for not checking his mirrors prior to commencing the right turn .

Good luck !!!

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