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Who is at fault?

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  • 13-02-2019 12:56pm
    #1
    Registered Users Posts: 2,155 ✭✭✭


    Had a close call earlier, The roundabout in the attachment I hope can give people a good visual of whats going on. Luckily no collision but it was very close.... In the event of an accident I am not sure who's fault it would be ? The other person didn't indicate and I was moving to exit the roundabout and she cut me off.

    Who's wrong ?


«1345

Comments

  • Registered Users Posts: 887 ✭✭✭morritty


    Blue, shouldn't be in the left lane if they're going right. I personally stay in the right lane unless taking first exit.


  • Registered Users Posts: 2,882 ✭✭✭kooga


    I hate those double lane roundabouts

    I err on the side of caution and if that was me in red I would of been in the outside lane to take the second exit


  • Registered Users Posts: 3,629 ✭✭✭Wildly Boaring


    He's wrong.
    End thread.




    Now expect a 70 page mess of a thread as per the last one on this


  • Registered Users Posts: 112 ✭✭palance


    Well ye're both in the wrong lane to begin with. Red going to the 2nd exit should have been in the left-side lane in the first place. Blue, going into the 3rd exit should have been in the right-side lane. There would have been no issue then.


  • Registered Users Posts: 5,789 ✭✭✭Cordell


    Both. Blue using the wrong lane, and Red exiting without paying attention to other cars continuing through roundabout in the outer lane.


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  • Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    Legally you may end up with an apportionment of liability as both of you could be considered at fault and to have contributed to an accident. Her for being in the wrong lane, you for entering hers without making sure the way was clear.

    Really she's entirely at fault. Following a roundabout around in the wrong lane is very dangerous and pig ignorant, I've noticed more and more people do it to skip a queue in the correct lane. On a busy roundabout it can be very difficult/impossible to know what's in your blind spot at all times. Happy to hear you avoided an accident.


  • Registered Users Posts: 7,593 ✭✭✭theteal


    They're in the wrong lane but that doesn't give you the right to not use your mirrors and attempt to exit the roundabout into them. I would put the cause of the incident on them but I'd imagine an insurance company would be looking to split liability as if the driver on the right actually looked, they'd see a car there.

    I never trust fcukers on my left in such incidences.


  • Registered Users Posts: 2,155 ✭✭✭StereoSound


    I hate those double lane roundabouts to, if I'm exiting the roundabout at the point in which I did it seems to be hit and miss if the other driver to my left is going to go straight or to the right. It was a lady in an SUV. I have it on dash cam.


  • Registered Users Posts: 7,593 ✭✭✭theteal


    palance wrote: »
    Well ye're both in the wrong lane to begin with. Red going to the 2nd exit should have been in the left-side lane in the first place. Blue, going into the 3rd exit should have been in the right-side lane. There would have been no issue then.

    Two lanes on exit, the OPs position is fine. Blue most definitely in incorrect lane.


  • Registered Users Posts: 2,382 ✭✭✭1874


    She seems to be wrong, it may depend on the rouandabout where it can be seen by an actual picture and the markings on it, if your road markings state you can travel in that direction, then its less likely hers stated she could turn right, but you may both have been wrong, so you could have been at fault potentially.
    Personally I think its wrong to go around the outside and turn right if there are cars on the offside lane (where you were).
    that said you need to watch out for these people, she probably didnt know you were even there (partly blind spot/relying only on her mirrors) and indication doesnt give right of way.
    I use a roundabout flyover? where I use the outside lane, there arent markings so it doesnt statutorily state it cant be done, but Im vigilant about if anyone else is near me and I would yield to them (not by stopping), if there was too much traffic just wouldnt do it.


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  • Registered Users Posts: 2,155 ✭✭✭StereoSound


    The markings on the road showed that I could make the exit legally at the point I was at, she was beside me and I seen her and she seen me surely but she kept following the roundabout to the right.


  • Registered Users Posts: 2,377 ✭✭✭Sono


    All depends on the road markings on the roundabout, the third party definitely has a liability which no one can dispute, it just comes down to your portion

    If your lane is right only and does not have a straight arrow then you are both in the wrong and imo it would be a 50:50.


  • Registered Users Posts: 2,377 ✭✭✭Sono


    He's wrong.
    End thread.




    Now expect a 70 page mess of a thread as per the last one on this

    If only it was that simple....


  • Closed Accounts Posts: 260 ✭✭rd1izb7lvpuksx


    kooga wrote: »
    I hate those double lane roundabouts

    I err on the side of caution and if that was me in red I would of been in the outside lane to take the second exit

    Red is in the outside lane?


  • Registered Users Posts: 10,691 ✭✭✭✭martingriff


    theteal wrote: »
    Two lanes on exit, the OPs position is fine. Blue most definitely in incorrect lane.

    You cant say blue in incorrect lane depend on road markings on roundabout. Admittedly never knew a 2 lane roundabout where left lane allowed to go right. Could OP give a streetview if roundabiut


  • Registered Users Posts: 2,395 ✭✭✭XsApollo


    If there are no markings on the roundabout.
    I would say red is wrong and blue is definatley wrong.
    By Red using the inside lane you open yourself up to someone doing that.
    If you were in the outside lane you wouldn’t be in that position.
    Blue is wrong full stop.

    Me I use the left lane if my exit is 12 o clock or before and the righ lane for anything else.


  • Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    OP, I'm curious about something that nobody else seems to have asked about. You say in your drawing that ‘red driver (i.e. you) indicates left to exit the roundabout at point C’.

    Where exactly did you begin to indicate?

    For what it’s worth, my take on this is that the other driver is clearly wrong, by approaching the roundabout in the left-hand lane when intending to take the third exit. Makes things even worse by not indicating right at any point, which would at least have given a warning notice to other drivers – ‘muppet at wheel, proceed with caution’.

    Whether your actions were correct or not depends on both the road markings, and where you began to indicate.


  • Registered Users Posts: 7,593 ✭✭✭theteal


    You cant say blue in incorrect lane depend on road markings on roundabout. Admittedly never knew a 2 lane roundabout where left lane allowed to go right. Could OP give a streetview if roundabiut

    Yes, I'm very much making an assumption there. There is one such roundabout as you come off the M1 from London to Luton, you just reminded me. . . or it could have been the satnav taking the piss :confused:


  • Registered Users Posts: 27,037 ✭✭✭✭GreeBo


    XsApollo wrote: »
    If there are no markings on the roundabout.
    I would say red is wrong and blue is definatley wrong.
    By Red using the inside lane you open yourself up to someone doing that.
    If you were in the outside lane you wouldn’t be in that position.
    Blue is wrong full stop.

    Me I use the left lane if my exit is 12 o clock or before and the righ lane for anything else.

    Lots of roundabouts allow you to take the exit that red took from the lane that red was in.

    No roundabouts allow you to take the exit that blue took from the lane blue was in.

    You might as well say that by driving on the road you open yourself up to an oncoming car hitting you.

    Not to mention that red was in the outside lane there would be another blue car that would take the first exit from the inside lane and we would have the same discussion.

    All you can do is use the road as designed, if some other muppet doesnt then you try to avoid hitting them, but you are not in the wrong for using the road as designed.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    In the absence of any road markings, you are primarily in the wrong. You crossed the lane of the other driver. His position may be incorrect, but he still has right of way and you would not be entitled to leave your lane without giving way.
    GreeBo wrote: »
    No roundabouts allow you to take the exit that blue took from the lane blue was in.
    This is not correct. I can think of at least one roundabout where you may take the 3rd exit from the left-hand lane. Consequently on that roundabout you *cannot* take the second exit from the right-hand lane.

    Edit, Here: https://goo.gl/maps/DsqzyHEKc9s
    Look at the markings.


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  • Registered Users Posts: 631 ✭✭✭return guide


    Had a close call earlier, The roundabout in the attachment I hope can give people a good visual of whats going on. Luckily no collision but it was very close.... In the event of an accident I am not sure who's fault it would be ? The other person didn't indicate and I was moving to exit the roundabout and she cut me off.

    Who's wrong ?

    Had an accident like this last September.
    Guy in left lane going right on the third exit, me in right lane going straight (2nd exit).
    He clipped rear passanger quarter.
    His insurance accepted responsibility and paid very quickly


  • Registered Users Posts: 2,155 ✭✭✭StereoSound


    I'll upload a Google map image later.


  • Registered Users Posts: 27,037 ✭✭✭✭GreeBo


    seamus wrote: »
    In the absence of any road markings, you are primarily in the wrong. You crossed the lane of the other driver. His position may be incorrect, but he still has right of way and you would not be entitled to leave your lane without giving way.


    This is not correct. I can think of at least one roundabout where you may take the 3rd exit from the left-hand lane. Consequently on that roundabout you *cannot* take the second exit from the right-hand lane.

    Maybe I should have said effectively no roundabouts.
    Can you share which one you are referring to, I've never seen one.


  • Registered Users Posts: 2,395 ✭✭✭XsApollo


    GreeBo wrote: »
    Lots of roundabouts allow you to take the exit that red took from the lane that red was in.

    No roundabouts allow you to take the exit that blue took from the lane blue was in.

    You might as well say that by driving on the road you open yourself up to an oncoming car hitting you.

    Not to mention that red was in the outside lane there would be another blue car that would take the first exit from the inside lane and we would have the same discussion.

    All you can do is use the road as designed, if some other muppet doesnt then you try to avoid hitting them, but you are not in the wrong for using the road as designed.

    If there are markings telling you to do it yes you can.
    But your also crossing a lane to take the exit, so the onus is on you to cross/merge lanes safely.

    I wouldn’t be in that position.


  • Registered Users Posts: 373 ✭✭Aska


    One thing that was told to me by my insurance company agent (HGV ins.) was if ever in a crash and even if it is your fault then NEVER admit that at the scene, not even a sorry to the other person because then you accept fault and her reason behind that was that the other driver may be currently off the road etc.. and in theory should not have been there. If that makes sense?


  • Registered Users Posts: 5,789 ✭✭✭Cordell


    Makes sense, don't admit and commit the insurance company to a liability that they can otherwise avoid on reduce.


  • Registered Users Posts: 3,205 ✭✭✭cruizer101


    Is the exit you took the first exit? the ways its drawn it looks like the road to the left is only and entrance onto the roundabout and not an exit.
    If thats the case I would say you are more in the wrong as the left lane should be able to take the first or second exit.


  • Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    cruizer101 wrote: »
    Is the exit you took the first exit? the ways its drawn it looks like the road to the left is only and entrance onto the roundabout and not an exit.

    Good point. If you can't actually take that road off the roundabout, then OP should definitely have been in the left lane, since he was bound for what would then have been the first exit himself.


  • Registered Users Posts: 27,037 ✭✭✭✭GreeBo


    Duffryman wrote: »
    Good point. If you can't actually take that road off the roundabout, then OP should definitely have been in the left lane, since he was bound for what would then have been the first exit himself.

    Exit number no longer has any bearing on the lane to be in.
    Correct lane is determined based on the exits relative position to a clock face.


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  • Registered Users Posts: 3,205 ✭✭✭cruizer101


    GreeBo wrote: »
    Exit number no longer has any bearing on the lane to be in.
    Correct lane is determined based on the exits relative position to a clock face.

    ****in clockface crap, its the most useless thing the RSA ever came up with.

    Firstly who has a feckin helicopter view of a roundabout on approach, lots of roundabouts aren't just nice perpendicular crossroads with a roundabout slapped on top.
    Secondly what about when exits don't follow nice conventions, no exits after 12? everyone into the right lane. All exits before 12, sure why did we even put in a right lane.

    I'm aware of the rule but tbh for the most part stick to the old rule if it isn't specifically marked, and the sooner the get rid of that clockface brainfart the better.


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