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"If there was CCTV, then it would show you, undertaking ! So it would show you in the wrong !"
Absolutely not.
The OP was moving forward from the traffic lights in his lane, which happened to have faster-moving traffic than the other lanes.
If the OP's account is accurate, the lorry driver is 100% to blame.
Proving it is another matter, indeed. The only CCTV that may be of any use will be some kind of fixed camera as is common in town centres these days. The OP could revisit the scene and see if there is any such. The images do not have to be of "fantastic quality", merely clear enough to identify who's who and what's going on.
It is certainly correct to say the incident must be reported to the OP's insurance company.
Two points to take out of this: one, be very wary of getting on the "wrong" side of large vehicles, which provide all kinds of problems for their drivers of seeing other traffic. If you haven't sat in the driver's seat of one of these you will have little idea of what it's like. And if you're up against a driver who's not on the ball, there will be only one loser; two, think about installing a dashcam.
In general, you want to spend as little time as possible alongside a large vehicle - get ahead of it quickly, or drop back. Motorways and roundabouts present special problems in this respect.
Edited by FP on 29/09/2014 at 10:49
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Two points to take out of this: one, be very wary of getting on the "wrong" side of large vehicles, which provide all kinds of problems for their drivers of seeing other traffic. If you haven't sat in the driver's seat of one of these you will have little idea of what it's like. And if you're up against a driver who's not on the ball, there will be only one loser; two, think about installing a dashcam.
In general, you want to spend as little time as possible alongside a large vehicle - get ahead of it quickly, or drop back. Motorways and roundabouts present special problems in this respect.
I'll have to absolutely agree with you on that. I took my Class 2 HGV a number of years ago when I was with the TA, and you really learn to appreciate just how easy it is to lose almost anything in the blind spots.
My initial thought, however, still stands. The OP states all this (my highlighting, obviously) :
On my right a 10 wheels lory. At the green light, we all move forward, the lory in the middle lane, me in the inside one, into another 3 lanes.
Approaching the other side of the junction, the other 2 cars in front of me passed the lory. I am myself half way through of passing it.
Suddenly, the lory cut me and move into my lane, squeezing me and my car against the bank/curb. Unfortunately, the pavement is high and there are some rails and small lamp posts. Nowhere to go. The lory pushes me onto the bank/curb. I brake as much as I can but cannot stop quickly enough, jump on the curb and seeing the posts and rail move the car to the right. At that point in time, my car catch the rear end left side of the lory.
All this in a split of a second or two. In shock, I stop the car but see the lory driving away. I scream to myself "FOCUS, FOCUS". I just know that the crash could been fatal, had I not had quick reactions.
On reading that lot :
They'd pulled away from stopped at lights. He's on the inside, trying to undertake a HGV. Now, Even unladen, a HGV isn't the fastest accelerating thing on the planet, but then it all becomes 'suddenly' ... 'split second' ... 'can't stop quickly enough'.
My impression is that the OP has gotten himself into a bad location, has tried undertaking out of it, and it's failed. I may well be wrong. But that's how it reads to me.
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I don't think this counts as undertaking.
But I agree that the OP has spent too long on the inside of the lorry, and assumed the lorry would stay in lane.
I think he's been unwise, but not to blame. No way should a vehicle change lane while there's someone already there. The lorry driver probably didn't see him, assumed the lane was clear, and pulled across. Easily done.
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This does not count as undertaking. Its a normal occurrence at all 2 or 3 lane junctions. If it didn't the roads would grind to a halt.
Lorry driver 100% to blame but hopefully a simple case of not seeing you.
With no reg number or witnesses its down to your insurance to pay for the repairs.
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I do have the reg number and contact number.
I called and the company said they would call back. Nothing since an hour now.
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i62.tinypic.com/oa7l0h.jpg
i59.tinypic.com/scdjib.jpg
i57.tinypic.com/2eehqxf.jpg
i59.tinypic.com/339sjrc.jpg
i59.tinypic.com/291hsmb.jpg
i58.tinypic.com/34gq42d.jpg
Pics speak better than words.
3 lanes, my lane moved forwards faster, but the lory cut me.
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I crossed that junction Eastbound on Friday morning, in exactly the same scenario to you, but i was driving a lorry.
I was in the inside lane, and slower than the traffic moving off in the other two lanes, as you move across the junction it looks from the vehicle like the road is narrowing to two lanes, it isn't but the road markings are not painted on the road within the junction to let you know that till you clear the junction, and you have to take an arc shape to stay in appropriate lane as you leave the junction.
5th tinypic down shows exactly what i'm descibing.
I had to adjust my position and adjust my own speed to fit in and ''claim'' my bit of road because each of the vehicles in the outside lane straightened the curve, forcing those in the middle lane over into my nearside lane, no room for me to move left, its easier for me than you because i sit higher in a lorry and most people tend to avoid colliding with one.
That i suggest is what happened to you, its a badly laid out junction and narrows slightly as you cross, with no markings inside the junction, i suspect ths happens daily.
Maybe the driver of the lorry should have seen you, maybe he should have commanded the position and kept in his own lane, i don't know i wasn't there, you weren't undertaking as such because you were keeping up with other traffic in your own lane...if you didn't then London would grind to an even bigger jam than it already is.
It's just one of those things i'm afraid, unless you have video in your car you have no way of proving you were in the right, and there is no way the other driver is going to admit fault.
Edited by gordonbennet on 29/09/2014 at 14:23
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In fact if you look at pic 5 you'll see the white van behind the Scenic (think it is) is about to straighten the dog leg out too, anyone on the NS of tthat white van would be in exactly our OP's position.
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As you can see in the links pics, there is a road CCT TV in the middle of the A406.
How can I get a copy of the footage of the accident?
Who do I contact?
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pic 6 shows precisely why you wouldn't try to enforce you're right to be in lane 1 at that junction, car versus lorry only one winner there.
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Are you insinuating that even though I was driving in my lane, I would still be at fault?
Does a lory has more right than a car?
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Are you insinuating that even though I was driving in my lane, I would still be at fault?
Does a lory has more right than a car?
Did i say that? no.
What i said was that if the other driver doesn't accept the blame, and he won't, and you have no witnesses and no CCTV from your car, you haven't a hope of proving the other driver at fault.
Does a lorry have more rights than a car no, but a connection between 1 ton of soft shiny polished plastic versus up to 44 tons of solid steel, wheel nuts protruding, solid steel chassis run under bars etc etc is best avoided where possible, who's in the right isn't going to affect the results of a collision.
Edited by gordonbennet on 29/09/2014 at 15:12
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Does a lory has more right than a car?
No, just a lot more weight .....
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Thanks for the humor, it was just a near fatal accident :)
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Thanks for the humor, it was just a near fatal accident :)
Sound to me like you just want some compensation.
did not feel well. Spoke to my friends and told them I would go home. Arrived home after a short while, my neck, left shoulder and lower back were stiff and in pain, head ache.
I drove to the emergency. Nurse and at 5am went back home. Went back Saturday. Huge head ache and confused, tired.
Suggest you join the real world.
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Come on guys cut the insults...he asked for advice.............
Three lanes in - three lanes out? Then remember the Highway Code:
7. Multi-lane carriageways (133 to 143)
Lane discipline
133
If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over.
134
You should follow the signs and road markings and get into the lane as directed. In congested road conditions do not change lanes unnecessarily. Merging in turn is recommended but only if safe and appropriate when vehicles are travelling at a very low speed, e.g. when approaching road works or a road traffic incident. It is not recommended at high speed.
which puts the blame on the lorry driver does it not?
Regarding Police involvement Force policy will dicate what and what accidents are investigated. Non injury basically now adays means they only attend to ensure details have been exchanged. But by the account there is injury in this one (simple shock is recorded as such)so as an injury accident it should be investigated and also that an offence of careless driving is involved/alleged.
One could re visit Plod shop and speak to duty supervision to see if they will reconsider their initial decision but as stated whilst damage to the vehicles may assist proportioning blame without witnessess and CCTV then Plod is in an almost hopeless position to persuade CPS to prosecute.
Down to Insurance to sort out by the looks of it.
dvd
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If it was a 'near-fatal accident', then you'd be incredibly lucky to be typing away on a forum, getting all hot and bothered, 2 or 3 days later.
It's one person's word against anothers. The HGV driver could well say that he was going along, perfectly fine, nothing wrong, and you pulled into the side of him. If you read your original posting on here, you actually say that you did that ...
jump on the curb and seeing the posts and rail move the car to the right. At that point in time, my car catch the rear end left side of the lory.
So, he can argue that YOU caused the collision. You moved your car to the right, colliding with the back of his vehicle.
Be careful just how big a hole you dig. I'm sure insurance companies are on forums like these, and they can read your words just as well as I can.
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jump on the curb and seeing the posts and rail move the car to the right. At that point in time, my car catch the rear end left side of the lory.
The lory was where I was suposed to be, not vicer versa.
I got off its way but had nowhere to go but back into my lane.
If it's wide enough for a bus, it should be wide enough for a car.
i59.tinypic.com/291hsmb.jpg
Edited by the.bloke on 29/09/2014 at 18:10
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If it's wide enough for a bus, it should be wide enough for a car. i59.tinypic.com/291hsmb.jpg
looking at that pic, you can see the bus driver has already started to push over into the middle lane before he's even entered the junction, no doubt he's a regular on that road and knows what happens as you cross.
To be fair to anyone involved, it's a badly laid out road, there are no lane markings on the road mid junction and i have no doubt there are near misses and the odd clout there every week as a result, the whole road shifts to the right as you cross the junction.
Having driven it i can assure that once a lorry or bus is in one of those lanes then there is no room for error and anyone not judging (guessing) the layout correctly will mean some evasive action is needed.
Edited by gordonbennet on 29/09/2014 at 18:49
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You must be the funny man :)
Compensation? I wish.
But I keep having flashbacks of the moment, which is not funny, knowing it could been fatal if I did not have my wits on at that moment.
And the headaches and stiffness, well i'm the one with them.
At least, you made me smile. Thank you for that.
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I notice that you say you've been in touch with the HGV company
But you don't say if you've been in touch with your insurance company, which is the one thing you should have done.
Do you have an insurance company?
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But you don't say if you've been in touch with your insurance company, which is the one thing you should have done.
Do you have an insurance company?
Yes I do. It is all covered. Fully comprehesive. Someone is coming tommorrow for the estimate. [loss adjuster?]
But that was not what I was asking. I wanted to make sure where I stood regarding the law.
The lory driver tried to make me think I was in the wrong by him moving into my lane.
Dwight Van answered clearly to my question. And that is what I wanted to know.
Thank you.
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Thanks for the humor, it was just a near fatal accident :)
It wasn't an attempt at humour, just simple fact. If you had been in a yacht and the lorry-driver in a cross-channel ferry, I think I know what you would have done?
Clearly you have had an unpleasant experience, you were shaken up and your car damaged. But none of it was particularly surprising.
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Clearly you have had an unpleasant experience, you were shaken up and your car damaged. But none of it was particularly surprising.
I re-dead my first post and admit it is badly written.
I own the car for 17 years. 37 yo itself. Never had an enconter with a 10 wheelers lory.
So it is surprising to me. But now, I know. I have no entention to sink my yatch again.
Any lory wants to pass me, please do.
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