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Help who is at fault.

#1 2010-12-09 11:08:19
Alex Harris

Guest

Help who is at fault.

I needed to turn into a side road to get to the car park where a friend lived. with him in the car. there are two lanes that i needed to pull across the first lane was blocked but the people moved to let me through. i then began to crawl through that lane and  to go through the ofther lane before i had got into the other lane I saw a 4x4 coming so stopped although my bumper may have been slightly in the other lane. they where going far to fast to make the green traffic light she saw me got on her brakes very hard and skidded into my car. snowy and slushy condtitions. there was plenty of room to get through if she didnt skid towards me. who is at fault me for going across. or her for driving far to fast for the conditions.

regards,

Alex

#2 2010-12-09 16:44:56
TC

Member

Registered:

2010-08-17

Posts: 61

You would be held primarily liable as you failed to accord presedence on the major carriageway I am afraid.

It is not for the other side to prove how slow or fast they were going, but for you to prove that the other driver was drving at a speed inappropriate for the conditions, and unless you have a Police investigation, or an independent accident investigation there is little prospect of that happening.

Although it may seem unfair, (and to be fair I have not seen the evidence) this sounds like one of those crashes you may just have to take on the chin I am afraid

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#3 2011-01-28 15:40:40
MartynBrown-IntegrumLaw

Member

Registered:

2010-07-13

Posts: 44

Alex - I am not sure I agree with T.C.

I would suggest that you consult a solicitor they will be able to consider the circumstances in detail and may want to take a statement from your passenger.

I will help if the police were called to the scene.

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