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My daughter's car was hit by a driver trying to get through a green light - who's at fault?
My daughter had a car accident today. She was waiting to pull out of a petrol station, which is situated on a junction right near a set of traffic lights. She was indicating to turn right and would have to pull out and cross two lanes to do so. The traffic lights were green at the time, and this part of the road had just gone from one lane to two, so there were cars parked to her right. A van stopped to let her out, but also blocked her view of the approaching traffic from her right. As she edged slowly out a speeding car hit her on the driver's side front wing. The driver got out of his car and blamed her immediately even though he admitted that he was doing 30 miles an hour and trying to catch the lights. Please can someone advise who's fault this is likely to be? I was under the impression that it may actually be the van driver's fault as by stopping because he indicated that it was clear for her to go.
Asked on 12 January 2018 by Lauren Gilbert
Answered by
Honest John
It's your daughter's fault. Ultimately, though the van driver could be found partly to blame. But not by stopping, he would have to give a clear indication it was safe to proceed for him to be partially responsible. It is your daughter's responsibility to make sure it's safe to proceed. There is a possibility of contributory negligence from the driver she hit, as he should have taken reasonable care, and anticipated someone "might" have pulled into his path. As such he should have been able to stop in time. There is a possibility an insurer may split liability, but I think your daughter's insurer will find her wholly liable.
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