Car Accident - Was I at fault?

CherieC

I was in a car accident yesterday. I was driving along a straight road and a lady in a new Range Rover Evoque over took a parked van and we crashed.

Here is a google view of where it happened. It is pretty much the same set up as shown, except the car was a little further out on the road and the van was a much larger one. https://maps.google.com/maps?q=Kylemore+Avenue,+Ballyfermot,+Ireland&hl=en&ll=53.337823,-6.351763&spn=0.000865,0.002492&sll=37.0625,-95.677068&sspn=37.546691,81.650391&oq=kylemore+a&t=h&hnear=Kylemore+Ave,+Dublin+10,+County+Dublin,+Ireland&layer=c&cbll=53.337949,-6.351656&panoid=9VG9pdJV6vPiMeRzsWNgmA&cbp=12,105.7,,0,6.25&z=19

The woman over took the parked cars and we crashed. She claims that she was already going around the cars when we crashed and that I should have seen her and could have easily stopped.

To be honest my mind drifted a bit before we crashed and I did not see the woman, if I had of seen her I would have at least attempted to stop (and probably would have). But I didnt and I was going at about <50km and she about 30-40km.

There is a fair bit of damage to my car - a 2006 Honda Accord - the car wont drive/start/do anything - I had to get it towed away, her car drove away - but also with a good bit of damage - from crashing into me and the van.

Dartz

She was on your side of the road. Hit a car and a parked van. Her fault.

Get her details? Report to Insurance.

MugMugs

Was she on your side of the road when you collided? Did you get photos of her car on or in your lane?

sidcon

Was she driving straight and what sides of the road where you both on at time of impact?

CherieC wrote: »

I was in a car accident yesterday. I was driving along a straight road and a lady in a new Range Rover Evoque over took a parked van and we crashed.

Here is a google view of where it happened. It is pretty much the same set up as shown, except the car was a little further out on the road and the van was a much larger one. https://maps.google.com/maps?q=Kylemore+Avenue,+Ballyfermot,+Ireland&hl=en&ll=53.337823,-6.351763&spn=0.000865,0.002492&sll=37.0625,-95.677068&sspn=37.546691,81.650391&oq=kylemore+a&t=h&hnear=Kylemore+Ave,+Dublin+10,+County+Dublin,+Ireland&layer=c&cbll=53.337949,-6.351656&panoid=9VG9pdJV6vPiMeRzsWNgmA&cbp=12,105.7,,0,6.25&z=19

The woman over took the parked cars and we crashed. She claims that she was already going around the cars when we crashed and that I should have seen her and could have easily stopped.

To be honest my mind drifted a bit before we crashed and I did not see the woman, if I had of seen her I would have at least attempted to stop (and probably would have). But I didnt and I was going at about <50km and she about 30-40km.

There is a fair bit of damage to my car - a 2006 Honda Accord - the car wont drive/start/so anything - I had to get it towed away, her car drove away - but also with a good bit of damage - from crashing into me and the van.

CherieC

I was driving straight, on the left side of the road - the side with the park - she was on the other side of the road - the side with the houses.

She then went onto my side of the road to go around the car and van. We then hit each other while on my side of the road. We made contact just at the end of the van.

gerarda

She is totally at fault - as you had right of way. No question about it! Did you call the guards?

fasttalkerchat

CherieC wrote: »

I was driving straight, on the left side of the road - the side with the park - she was on the other side of the road - the side with the houses.

She then went onto my side of the road to go around the car and van. We then hit each other while on my side of the road. We made contact just at the end of the van.

As long as you were on your side of the road its totally her fault. She should not have crossed the middle of the road unless it was safe to do so. Since there was an oncoming car (you) it was not safe to do so.

If she is contesting it I would recommending going through her insurance and notifying the guards.

Ded_Zebra

If the crash occurred on your side of the road then she is at fault. I hope you took plenty of photos of the crash and got her details.

sidcon

Technically she was on your side of the road so it's her fault unless you were speeding which would be hard to prove. Reality you should have been diplomatic and let her pass if she was already over taking. Call her insurance she what they are saying but I would fight it if I was you

CherieC wrote: »

I was driving béchamelstraight, on the left side of the road - the side with the park - she was on the other side of the road - the side with the houses.

She then went onto my side of the road to go around the car and van. We then hit each other while on my side of the road. We made contact just at the end of the van.

CherieC

Thanks, I thought it was her fault, just wanted to be sure.

Yes I took some photos and called my insurance company straight away. The garda attended just took the details and asked me to have my car removed as soon as possible as I was blocking the road.

Kenny Logins

I would say completely her fault too..

CherieC

sidcon wrote: »

Technically she was on your side of the road so it's her fault unless you were speeding which would be hard to prove. Reality you should have been diplomatic and let her pass if she was already over taking. Call her insurance she what they are saying but I would fight it if I was you

Usually I would stop and allow people to continue, but this time I just didn't notice her. If I had noticed her I would have stopped and there would have been no crash.

DylanII

Id say you contributed to the accident, but still her fault.

readytosnap

if there is an obstruction on the road, the vehicle approaching (on the same side as the obstruction) must give way to any vehicle coming in the opposite direction, she is definitely at fault, cheeky oul' mare tryin to blame you.

Anan1

readytosnap wrote: »

if there is an obstruction on the road, the vehicle approaching (on the same side as the obstruction) must give way to any vehicle coming in the opposite direction, she is definitely at fault, cheeky oul' mare tryin to blame you.

Read the OP's first post..

BigEejit

Indeed, the other driver is trying to blame everyone else..... But I would not be stating that you were not paying attention :O

recyclebin

Did the OP not brake at all? Even though it was totally the fault of Range Rover Evoque driver it sounds like the OP wasn't aware of his surroundings and could have avoided the collision if he was more aware.

To be honest my mind drifted a bit before we crashed and I did not see the woman, if I had of seen her I would have at least attempted to stop (and probably would have). But I didnt and I was going at about <50km and she about 30-40km.

Raytown Rocks

Also as this looks like a residential area her speed seems a bit high <50.
That said I blame the RR driver.

Boom_Bap

So the other driver had obstacles in front of her, seen you oncoming, but still crossed into your lane to pass the obstacles....and expected you to stop to let her pass.

Her fault. 100%. She expected you to be courteous while you observed the rules of the road.

But, you should have been more observant of what was happening, this could have prevented the accident even if you were not at fault.

Corkbah

her attitude (from what I understand from the OP) is that because she was driving the bigger more expensive vehicle she has priority on the road and he/she should have stopped because her SUV (Range Rover) is expensive.

I have issues with people with expensive cars who drive with this kind of attitude - I have no problem with people who can afford expensive cars - just not when they carry an air of arrogance !!

OP - as has been said - its 100% her fault - it could be argued that you are at some fault - driving without due care and attention.(maybe)...but the majority of blame is on her for driving when path was not clear.

She drove on the wrong side of the road but (in my opinion) her arrogance allowed her to think she has priority on the road and you MUST yield to her big SUV ...which is not the way the law see's it ... she's at fault and should compensate you for damaging your vehicle including rental of a hire car to drive around in until the matter is resolved and your repaired/replaced vehicle is ready for collection/delivery.

Mr Sheen!

Does not seem quit as clear cut to me. Yes it would appear that if she crashed into you on your side of the road it would be her fault. However it is against the rules of the road to insist on the right of way.

Therefore if the range rover was already over on your side of the road when you approached the parked cars, you had a responsibility to yield right of way to her. If you did nit do this and continued straight on onto the path of the oncoming car then you caused the crash in my opinion.

You stated that you did not notice the oncoming car or even break. So it is highly possible that the above did actually take place.

Either way you were driving without due car and attention. I hope it works out for you and you learn from it.

Bruthal

If there was room for both to pass easily enough, then there may have been no accident if the OP was paying attention.

Corkbah

leppla wrote: »

Does not seem quit as clear cut to me. Yes it would appear that if she crashed into you on your side of the road it would be her fault. However it is against the rules of the road to insist on the right of way.

Therefore if the range rover was already over on your side of the road when you approached the parked cars, you had a responsibility to yield right of way to her. If you did nit do this and continued straight on onto the path of the oncoming car then you caused the crash in my opinion.

You stated that you did not notice the oncoming car or even break. So it is highly possible that the above did actually take place.

Either way you were driving without due car and attention. I hope it works out for you and you learn from it.

so by your logic ... if I drive on the wrong side of the road and crash into someone driving straight forward on the correct side of the road...they can be at fault !!

does not matter if the other person was almost finished the manoeuvre - if they were driving correctly they would wait behind the obstruction until the path was clear to drive safely through .... so the other driver is at fault.

DylanII

robbie7730 wrote: »

If there was room for both to pass easily enough, then there may have been no accident if the OP was paying attention.

From the google maps she linked to it doesn't look like there was room for two & even if there was some people would rather not get to close to the path to avoid damaging their wheels - I hit the odd path myself when moving over for a car that was going around something. My wheel were it bits from it.

I think the OP could have avoided the crash, but the way I see it is she was driving down a straight road, looked clear to her, another car turned onto her side of the road and they crashed.

Its pretty easy to get distracted and zone out when driving for a few seconds, especially if your driving a long distance and everything seems clear and easy.

Everyone takes their eyes of the road at some stage, to change the radio, turn on the AC look at something odd thats happening on the side of the road.

If the range rover said the OP should have seen her then why didn't she see the OP and stop - she was still going 40km when they crashed.

Bruthal

Corkbah wrote: »

does not matter if the other person was almost finished the manoeuvre - if they were driving correctly they would wait behind the obstruction until the path was clear to drive safely through .... so the other driver is at fault.

What if the path is clear at first when the car goes around parked cars, then someone comes the opposite way that was not at first visible, that someone can just proceed to crash into the other car you think?

DylanII

robbie7730 wrote: »

What if the path is clear at first when the car goes around parked cars, then someone comes the opposite way that was not at first visible, that someone can just proceed to crash into the other car you think?

If it was a straight road then the other driver should have seen the OP. The road wouldn't appear to be clear to her.

djimi

CherieC wrote: »

To be honest my mind drifted a bit before we crashed and I did not see the woman, if I had of seen her I would have at least attempted to stop (and probably would have). But I didnt and I was going at about <50km and she about 30-40km.

I would leave this bit out when talking to anyone if I was you. My first question was did you collide because she pulled out in front of you and you didnt have time to stop, or did you simply not yield when she pulled out when you could have slowed down, and to be honest the way you describe it it sounds like the latter. She is at fault regardless, but you dont need to say anything that makes it look like you contributed to the accident.

Bruthal

DylanII wrote: »

From the google maps she linked to it doesn't look like there was room for two.

I think the OP could have avoided the crash, but the way I see it is she was driving down a straight road, looked clear to her, another car turned onto her side of the road and they crashed.

Its pretty easy to get distracted and zone out when driving for a few seconds, especially if your driving a long distance and everything seems clear and easy.

Everyone takes their eyes of the road at some stage, to change the radio, turn on the AC look at something odd thats happening on the side of the road.

If the range rover said the OP should have seen her then why didn't she see the OP and stop - she was still going 40km when they crashed.

Yea i didnt actually look at the map myself. But to drive without watching where you are going is not great. Range rover would seem at fault alright, I was not really arguing against that.

But sometimes, people in crashes that were not paying attention, get lucky with regard to liability.

Cienciano

I recokon the RR is at fault too. You should never change to the other lane and expect traffic to do a favour for you.
Unless the RR was already passing out the cars and you came around that bend on the left and hit her.

Bruthal

DylanII wrote: »

If it was a straight road then the other driver should have seen the OP. The road wouldn't appear to be clear to her.

It seems the OP didnt see them. So while on your side of the road, due attention and care is not needed then.....

It sounds like one of them incidents that needs video footage. I remember one here about a driver that stopped outside a petrol station (they were the OP), and got hit by someone that went around them into the forecourt. Everyone said the OP was in the right, until a video appeared, which showed the OP as incompetent in a lot of opinions.

Pataman

CherieC wrote: »

Usually I would stop and allow people to continue, but this time I just didn't notice her. If I had noticed her I would have stopped and there would have been no crash.

Yes its her fault. BUT this bit scares me, why werent you paying attention. Take it as a lesson learned, it could have been a child!

MugMugs

Pataman wrote: »

Yes its her fault. BUT this bit scares me, why werent you paying attention. Take it as a lesson learned, it could have been a child!

OP clearly wasn't thinking of the children.....

whiskeyman

Her fault all right, but lessons learnt all round it seems.

off topic, and funny enough... anyone else notice something odd in Sidcons post?
http://www.boards.ie/vbulletin/showpost.php?p=82302556&postcount=9
check the quoted bit

I wonder what he had for dinner!

Supergurrier

Range Rover was 100% at fault, you are entitled to daydream a little when you have right of way on a straight stretch of road, nobody expects some loon to come onto your side of the road expecting you to emergency brake like an F1 driver. I would have ate the head of her if she tried to deny it was her fault.

Dingle_berry

She hit the parked van that she was trying to go around too? Which parts of the three cars hit/touched/made contact?
The obstruction was on her side of the road so she should have done whatever was necessary to ensure it was safe to "overtake"; either wait for your side/lane to free up or if she couldn't see she should have begun the manover further up the road where she could see.
Having said that as the driver you have a responsibility to anticipate hazards, at all times. So if she had enough time to pull out fully in front of you (from a complete stop) you probably had enough time to stop.
Depends on if the cars hit head on (you could possibly have stopped) or if you they hit at an angle (she pulled out in front of you)

endacl

Supergurrier wrote: »

Range Rover was 100% at fault, you are entitled to daydream a little when you have right of way on a straight stretch of road, nobody expects some loon to come onto your side of the road expecting you to emergency brake like an F1 driver. I would have ate the head of her if she tried to deny it was her fault.

Entitled to daydream? Seriously? Where do you drive? I'll avoid it.

djimi

CherieC wrote: »

Usually I would stop and allow people to continue, but this time I just didn't notice her. If I had noticed her I would have stopped and there would have been no crash.

I missed this earlier.

How did you not notice her? Its a straight stretch of road, in a low speed area (a house estate no less, where you should be paying attention).

Tbh Im starting to think that more blame lies with you than you are letting on. Twice you have said that you could have stopped; how little attention were you actually paying?

MugMugs

djimi wrote: »

I missed this earlier.

How did you not notice her? Its a straight stretch of road, in a low speed area (a house estate no less, where you should be paying attention).

Tbh Im starting to think that more blame lies with you than you are letting on. Twice you have said that you could have stopped; how little attention were you actually paying?

At the end of the day, in front of a judge and the judge see's a head on collision with this lassy on his side of the road and the OP staying quiet on the "being away with the fairies at the time" thing then he's going to show the OP as being innocent.

Supergurrier

endacl wrote: »

Entitled to daydream? Seriously? Where do you drive? I'll avoid it.

So you drive white knuckled ready for a range rover to invade your side of the road out of nowhere all the time ? Good for you

osheen

djimi wrote: »

I missed this earlier.

How did you not notice her? Its a straight stretch of road, in a low speed area (a house estate no less, where you should be paying attention).

Tbh Im starting to think that more blame lies with you than you are letting on. Twice you have said that you could have stopped; how little attention were you actually paying?

It sounds like one of those things you do notice the other car but dont think they'll just pull out in front of you . after all the op had a clear road the RR didnt

Supergurrier

osheen wrote: »

It sounds like one of those things you do notice the other car but dont think they'll just pull out in front of you . after all the op had a clear road the RR didnt

Common sense is the term i think you are looking for

endacl

Supergurrier wrote: »

So you drive white knuckled ready for a range rover to invade your side of the road out of nowhere all the time ? Good for you

Not at all. But I do pay attention.

sidcon

whiskeyman wrote: »

Her fault all right, but lessons learnt all round it seems.

off topic, and funny enough... anyone else notice something odd in Sidcons post?
http://www.boards.ie/vbulletin/showpost.php?p=82302556&postcount=9
[SIZE="1"]check the quoted bit[/SIZE]

I wonder what he had for dinner!

Smoked Cooley with a béchamel sauce mashed potatoes and mushy peas. It was only gorgeous, quite how it got into that quote I will never know.

Supergurrier

endacl wrote: »

Not at all. But I do pay attention.

Who doesn't, fact is she was wrong and we all have our off moments but the OP was in the right and it seems he just seems to be a passive fellow instead of the more in your face type and partially admitted liability when he should have kept shtum. What most people don't realise is the fact the the subconcious part of the brain that makes alot of the minute calculations we use when driving day to day is alot more reliable than the decisions some people make.

The Royal Scam

I know this could be kinda off topic but is this road not a bit of a rat run / shortcut . I used to live near here and used it a few times but then kinda felt bad about all the people that lived there and all the cars that used to make it into a gridlocked road every rush hour. It was hairy as these roads are not designed for this kind of traffic flow/movement.
In saying that it's no doubt that it's not illegal to take shortcuts.

DylanII

Everyone zones out from time to time when driving. Especially if you have a lot on your mind. Usually there is no problem, you still drive perfectly. Unfortunately the OP zoned out at the wrong time. Now her car is ruined and Id say she probably has injurys too with the two cars not having tried to stop.

Any mistake that the OP made the other driver also made with one extra large one, assuming the OP, who had right of way, was going to stop to let her go.

I drive on that road the OP linked quite a lot, cars are always overtaking parked cars there, expecting you to stop. Most people have to move into the side road to let them go. Depending on the time of day that road could either be very busy or no other cars on it.


Id say the insurance companies will side with the OP.

TonyStark

leppla wrote: »

Does not seem quit as clear cut to me. Yes it would appear that if she crashed into you on your side of the road it would be her fault. However it is against the rules of the road to insist on the right of way.

Therefore if the range rover was already over on your side of the road when you approached the parked cars, you had a responsibility to yield right of way to her. If you did nit do this and continued straight on onto the path of the oncoming car then you caused the crash in my opinion.

You stated that you did not notice the oncoming car or even break. So it is highly possible that the above did actually take place.

Either way you were driving without due car and attention. I hope it works out for you and you learn from it.

What you say is quite correct and true to a certain extent. But there is no implication of what you say in the rules of the road. From the point of self preservation and avoiding a crash its an acceptable take.

It does state in the rules of the road very clearly:

Make sure the road ahead is clear so you have enough distance to allow you to overtake and get back to your own side of the road without forcing any other road user to move to avoid you.

No doubt in my mind irrespective of the speed/mindstate of the OP, she could still be in shock for all we know. 100% RR's fault it would seem the way was not clear - hence the collision.

Supergurrier

Zoning out is one thing, but there is nothing funnier than zoning IN halfway through a corner and realizing "Hey im driving " :pac:

Cienciano

sidcon wrote: »

Smoked Cooley with a béchamel sauce mashed potatoes and mushy peas. It was only gorgeous, quite how it got into that quote I will never know.

You must have hit ctrl and v and pasted. Lucky it was something normal. My mate was at work and someone asked how do you paste, he showed them how to ctrl+v, the last text he cut was "naked thai ladyboys".

twowheelsonly

To be fair to the RR driver the OP doesn't say how many cars were parked there at the time.
If there was a few cars there then it's quite feasible that the RR had begun the maneuver long before the OP arrived. It appears that the accident happened at the end of the line of cars (where the van is) and that the RR was completing their move when they were hit head on.
It happens to all of us, particularly on narrow roads where there are parked cars.
Just because you're on the 'clear' side of the road doesn't give you the right of way.
I had a scenario much the same very recently on the Blackrock Road in Cork City when I was just coming to the end of overtaking a line of 8/9 parked cars. A 'young one' (Est. age 20/21) driving a Mini literally drove straight at me forcing me to stop as I was alongside the last car. She then insisted that I reverse back along the line of cars as 'she knows the law' and I was blocking the road on her side.
Unfortunately she didn't seem to know the law about tax discs and she wasn't long in moving back when I pointed it out

repsol

Clearly this lady in her new Range Rover has right of way over any riff raff driving crappy old Hondas. Op should have swerved onto the footpath if necessary to avoid delaying her,squashing any pedestrian peasants if necessary.