i need an answer to an accident question

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Tue 14 Apr 2009 23:54
i need an answer to an accident question - hay123
hi i have a query with re to an accident i been studying.

if a driver is pulling from a side road and see's a vehicle turning into that side road so comes out onto the main road and collides with a vehicle overtaking that vehicle turning!! who would be held at fault for this.

if the driver admitted to overtaking then would be able to rec something from that driver???

also powell v moody
is this case law for motorbikes or can it be used for cars as well .

{subject header *hopefully* made less vague!}

Edited by Dynamic Dave on 15/04/2009 at 01:35

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Tue 14 Apr 2009 23:59
i need some answer pls guys!!! - bell boy
are you looking for opinions or fact?
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Wed 15 Apr 2009 00:05
i need some answer pls guys!!! - scouseford
Any chance of translating the query into recognisable English?

{well I have removed most of the 'txt' talk}

Edited by Dynamic Dave on 15/04/2009 at 01:36

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Wed 15 Apr 2009 01:05
i need some answer pls guys!!! - pony
simple answer is failed to give way to traffic on main road isnt it ?
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Wed 15 Apr 2009 08:13
i need an answer to an accident question - L'escargot
....... who would be held at fault for this.


By whom? Overtaking driver, insurance company, police, judicial system?
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Wed 15 Apr 2009 09:12
i need an answer to an accident question - woodster
In magistrates court - most likely careless driving for failing to give way. In civil court when pursuing money for damage/injury they would probably apportion blame in percentage terms. Majority blame to driver failing to give way, minority to other driver for being hasty and failing to take account of the fact that he is hidden and overtaking on the approach to a junction.
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Wed 15 Apr 2009 12:46
i need an answer to an accident question - jbif
re to an accident i been studying .... also powell v moody ..>>


Am I right in thinking that this is a part of a question for some Law course that you are studying?

[May explain the use of "txt" type gobbledegook]

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Wed 15 Apr 2009 15:13
i need an answer to an accident question - Dwight Van Driver
Obviously blame is down the drivers.

Consider:

TSGD states the significance of a white line at the mouth of a junction with the primary road is that it should not crossed if it causes another vehicle to brake or change course.

Likewise the Highway Code states that one should not overtake at the approach to a junction and where you may come in conflict with other road users.

Normally to assess blame one should look at the one doing the unusual manoevre, whicn in this case seems both.

Whilst on paper so far it would appear to be 50/50 a lot depends on the layout of the road and what indpendent wiitnesses can say?

dvd
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