Traffic accident - who's fault is it?

amarbudhe

Firstly sorry if I am in the wrong forum .. Here is my question anyway ..

My in-law unfortunately was in a car accident last week. No one was injured, just badly smashed cars .. I have attached a picture of the road where it happened hope it helps to understand the scenario ..

She was trying to take a right into the lidl (Car 'A' - In blue box) - There was a lot of traffic which was stalled/moving slowly on the road going the other way. A car gave way to her to take right into lidl. Meanwhile another car (Car 'B' - In red box, which is not a taxi or Hackney) was originally in the slow moving traffic and then got into the bus lane and was speeding in the bus lane(with the level of impact it is clear that Car 'B' was not going into lidl but straight through)

The accident happened where i have the 'X' mark ... The question is whether my in-law was in the wrong and/or if the person in Car B is liable for damages as they were driving in the bus lane ?

flyingsnail

Was the bus lane in effect at the time? I have often seen bus lanes empty even when you are allowed to drive in them.

My reading of this (I am no expert) is that if the bus lane was in effect the driver in the bus lane was wrong for being there but the majority of the blame would be with driver a. There could have been a legitimate vehicle using the bus lane at the time. Driver A failed to check that the bus lane was clear before making the turn. The driver of B would have had right of way over A.

dearg lady

I would think both were in the wrong in terms of driving, the car that hit for being in the wrong lane, and your friend for not checking the way was clear. Seems like not checking is what actually caused the accident tho...

Cookie_Monster

100% her fault.

Regardless of whether he should have been in the bus lane or not she crossed a lane without checking it was clear.

The bus lane also has broken white line before and after the shop entrance meaning there's likely a turn left just after anyway so was fine being there if that is the case. There is also an arrow allowing entry to the lane just above the "B" further confirming my assertion.

Thoie

That's a 24 hour buslane, and technically the other driver shouldn't have ever been in it (never known why the dotted white line extends past the left turn into Lidl, but anyway), however I'd say it's A's fault, but if it's going to insurance, let them sort it out.

That's a horrible place to get into or out of, but be thankful no-one was injured.

Cuddlesworth

Cookie_Monster wrote: »

100% her fault.

Regardless of whether he should have been in the bus lane or not she crossed a lane without checking it was clear.

The bus lane also has broken white line before and after the shop entrance meaning there's likely a turn left just after anyway so was fine being there if that is the case. There is also an arrow allowing entry to the lane just above the "B" further confirming my assertion.

Yep. Precedent was set a good few years back when a insurance company took a similar case to court between a motorbike and car. The motorbike had been travelling in the bus lane, the car pulled in and flattened the bike. The car insurance argued that the bike shouldn't have been there in the first place.

The judge decided that although the bike was illegally in the bus lane, the car driver had failed to check that the lane was clear before entering and was at fault for hitting the vehicle regardless of its legality of being there.

Similarly for your friend, she failed to make sure the way was clear. Just because it was a car and not a taxi or bike filtering doesn't absolve her of blame. If she could prove that she was taking the turn and checked the lane before the car pulled into it then she might have a case.

sbsquarepants

I agree with cookie monster (edit: and cuddlesworth!), car b could have been a bus or taxi or whatever, the onus is on the person crossing the lane to make sure it's safe to do so. I'm not sure if the fact they had no right (assuming they didn't) to be there really comes in to it. It's a crappy one!!

lilahelena

I know this lidl & road - its alway dodgy turning off this road into the lidl carpark you have to take it so slowly cause cars do speed up the bus lane, commom sense would say its the driver in the bus lane's fault but the law is always sketchy, did they call the gards if so what was there take on it also have you any witnesses, im more than certain this bus lane is 24 hours so the person in the bus lane has to take some responsibility.

Unfortunetely both people are propably responsible for the crash as is the person who waved your inlaw through, its just lucky that no bother was hurt which is the main thing.

How Strange

I agree that driver a is at fault because there could've been a bus or taxi in that lane and the onus is on driver a to check the road is clear before making the turn. The fact that driver b shouldn't have been in the lane is immaterial to this incident. I heard of a similar situation a few years ago and ever since I've been very careful when someone gives way for me to pullout onto a road.

However if I was the driver I'd say nothing and let the insurance companies thrash it out.

bloomfield

I was actually in a very similar accident myself a few years ago. I was car B (in this case, in an out-of-hours bus lane), and car A turned right and cut across me, and I couldn't stop and went into the side of them. The insurance companies didn't even quibble over it - as it was clearly car A's fault.