You’re driving down the road behind a long queue of traffic.. it’s moving at a snail’s pace; it may as well not be moving at all! You suddenly see a gap in oncoming traffic and decide it is safe to proceed and overtake the slow cars. You’re past a few when, suddenly, without warning, one of them turns right straight into your path and smash; the vehicles collide!
You think to yourself that the other vehicle should have checked his/her side mirrors and their blind spot before pulling out. But, who’s to blame in this road traffic accident scenario as far as the Law is concerned?
Unfortunately, the answer isn’t a simple one. This area of law is a bit grey and there are several different opinions on the matter…
Take the case of Pell V Mosely for example. In this case, the person making a claim was a motorcyclist who overtook a line of slow moving traffic on a single carriageway. The Defendant turned right into a field and the two collided. The court held that the car turning right should have taken more care before turning. The judge found the driver turning right to be partially to blame in those circumstance.
Looking at this claim you would be able to sue the driver who turned into your path and recover some of your damages and losses. The court does not always totally take the side of the overtaking vehicle and they do consider things like the following when making their decision:
- The speed you were travelling at prior to the impact;
- Whether the turning vehicle was indicating;
- If the turning vehicle was not indicating, should it have been obvious in any way that the vehicle was going to or was about to turn or pull out?
So, if you are the overtaking vehicle, the Court may find in your favour; but the specific outcome of your case can depend on the specific circumstances of the accident and the Court will take into account the above factors when making there decision.
To find out more, just call 0800 634 7575 today.
