So my wife was involved in a low speed RTA the other day. Nobody was hurt, no airbags went off, so that's all good.
However, there is an interesting question over liability here that is baffling me.
In this instance, she was turning right out of a side road into a normal single carriageway road. She'd been "let out" by a car, because there was congestion on that part of the road approaching traffic lights, and a "keep clear" zone was there to facilitate people entering/leaving that side road (which leads to a supermarket car park).
However, a van was illegally overtaking the queue of traffic and struck her.
I'm told that this could be regarded as her liability, because people coming out of a side road have the onus on them to check that it's safe to do so - regardless of whether the other driver is committing a traffic offence or not.
This seemed pretty unfair to me. Certainly if I'd crossed a solid white line (and hatched area) and hit someone, I'd be assuming that it was my fault.
But maybe these are two unrelated events in the eyes of the law - sure, the van driver had broken the law (and could be fined), but the actual accident is my wife's fault - and she should be aware of this possibility.
Any comments?
One other thing is that I've been told that dashcam footage would have been very useful indeed and would change the scenario - why?! If the basic facts of the accident are not in dispute, then how could "proof" from a dashcam really make any difference?
Thanks!
PS - despite loads of people being there, not a single one offered to be a witness - the only interaction was of an angry driver stuck behind my wife beeping their horn for her to get out of the way just after the collision! Another pedestrian took a photo, but for her own social media rather than as any kind of information...
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