Roundabouts can be a dangerous place for those either using the road or crossing it. This is probably due to the amount of information and actions which have to be carried out by different people simultaneously. While keeping a look out for other drivers it is essential that you are in the correct lane, have read the relevant road signs, adjusted your speed and as always, Mirrored – Signalled – Manoeuvred.
Priority should always be given to your right and this must be checked, looking forward before moving is important to ensure traffic has started to move and take notice of pedestrians, motorcyclists and other vehicles.
Who is at fault if an accident happens?
Although precautions are often taken at roundabouts in particular, accidents can still happen. Those at fault can be those who have not followed the guidelines for driving above.
Example: picture a roundabout where a car moved onto the roundabout without looking right. The driver crashes into a motorcyclist causing injury to the motorcyclist and damage to the motorcycle. The motorcyclist then makes a claim and becomes the Claimant, and the driver of the car the Defendant. The accident happened because the Defendant negligently moved out on a roundabout by failing to give way and crashed into the Claimant.
Proving the accident
Proving who is at fault in the accident can be a complicated task. Roundabouts have set rules about what should be done and it is likely that the person who did not follow the proper protocol will be the one at fault. Witnesses can usually provide a statement saying what happened so that it can be determined who is at fault. If there was no witnesses or CCTV evidence, the case becomes more complicated but it should usually be determined who is at fault, or if both parties were partly to blame.
So who is to blame?
In Grace v Tanner, a motorcycle driver was driving around a roundabout in the right hand lane to go down a road at 10 or 11 o’clock. The Defendant was driving a car and wished to go straight at 12 o’clock and hugged the left hand lane. To her surprise, the turning which she wished to go down was at 10 or 11 o’clock. The turning was too sharp to turn left so she missed the turning but in doing so the motorcycle clipped the back of the car as they believed that the Defendant was going to turn left. The court held that the blame was apportioned on a 50:50 basis as both of the drivers were held to be negligent.
Conclusion
If you are driving on a roundabout in the wrong lane, make sure that you have the opportunity to move lane safely, keeping others in mind at all times. Be extra aware of motorcycles.
REFENCES:
Grave v Tanner [2003] EWCA Civ 354
