Admittedly we have all had those moments where we think it’s clear to pull out of a side road and then had the shock of a vehicle coming past, leaving us glad that we didn’t decide to just press your foot down! Unfortunately, however, some people do end up pulling out and this can obviously lead to quite a nasty collision.
The Highway Code isn’t “law” but guidelines to govern how people should be driving on the road and as everyone has to take a theory test before being given a full driving license, everybody should know it. Under the Highway Code there is a section dedicated to junctions and this is what I shall focus on in this blog.
Section 170 clearly states: take extra care at junctions; common sense to the savvy driver. It goes on to address several circumstances such as:
| If a pedestrian has started to cross they have priority so stop! |
| DO NOT ASSUME when waiting at a side road that a vehicle coming that is signalling to exit down your road is correct. This is particularly interesting as this is something that occurs a lot in these types of claims. Understandably, if someone is indicating you would imagine that they are turning but this may have been left on by accident. In these cases it could be argued that you have contributed to the accident, if someone has pulled out and collided with you, and therefore your settlement could be reduced by an appropriate percentage. For example: you may be held 10% at fault which means your compensation would be reduced by 10%. |
Although the Highway Code itself is not law, it does refer to sections of mainly the road traffic act especially when it comes to stopping at junctions. Under S36 of the road traffic act 1988 you must stop behind the line at a side road if it has a solid white line and a stop sign. Furthermore, under this section you must give way to traffic on the main road when emerging from a road with broken white lines.
Under section 176 of the highway code (and again in reference to S36 RTA 1988) if the traffic lights at a side road are not working this does not mean that you have the go ahead to go zooming across, causing a collision then blaming the council! Under this section you are to treat the road as you would an unmarked junction and take great care.
The main message is clear – if a vehicle is proceeding correctly and is established on the main road and a car pulls out from a side road, it is more than likely the latter that has failed to pay due care and attention and therefore they will most likely be found liable.
Even if, for example, the person proceeding down the main road has flashed his lights for you to pull out, continued and caused you to crash in to him you may still be found liable as unfortunately you cannot use this as a defence.
So be careful when coming out of side roads and as a “main road driver” it would also be wise to just keep an eye out when a side road is coming up!
You can contact our claims team by calling 0800 634 7575 for free, expert legal advice on making a road traffic accident claim.