One of the most common road traffic accident scenarios is when a vehicle is attempting to turn right off a single carriageway, while a vehicle behind is attempting to overtake, resulting in a collision. Liability for accidents of this kind is often hotly disputed, with the opposing parties giving different versions of events.
When this is the case, one or other driver may be forced to acknowledge contributory negligence and accept a split of liability for the accident, in the process potentially losing their insurance premium and no claims bonus, even though the accident may have been entirely the fault of the other driver. They may also lose the chance to claim compensation for injuries sustained in the accident, along with vehicle repair costs, medical expenses and potential loss of earnings due to enforced time off work.
A Driver Turning Right Must Pay Due Care and Attention Before Doing So
All road users in the UK have a statutory duty of care to drive safely at all times, paying due care and attention to their own safety, as well as that of other road users. When a driver intends to turn right off a single carriageway they must therefore make sure that it is safe to do so before commencing the manoeuvre. This means they must be driving within the speed limit, should slow down as they approach the turn, indicate in good time, and check their wing mirrors and blind spot to assess the safety of carrying out the manoeuvre. When a driver ticks these three boxes before turning they are performing a legitimate action having paid due care and attention to road conditions, and should not therefore be held liable if a reckless driver behind attempts to overtake resulting in a collision.
Disputed Liability – Vehicle Turning Right and Overtaking Vehicle
One of the main issues with road traffic accidents of this kind is when the drivers of the vehicles involved disagree about what actually happened immediately prior to the accident, and there are no witnesses to corroborate one party’s version of events over the other. The overtaking driver may have failed to notice that the vehicle in front was indicating and slowing down before the turn, and this lack of attention would be classed as negligence, however, at the same time the driver of the vehicle behind may claim that the vehicle in front failed to indicate, or did not do so in sufficient time for preventative action to be taken, in which case the latter driver could be held to be primarily liable for the accident. This is an example of why road traffic accident claims of this kind can be so complex and subject to such lengthy disputes.
How a Road Traffic Accident Solicitor Can Help Contest Liability
Very often both parties are in some way to blame when a vehicle overtaking another vehicle turning right collides with it, and where this can be established beyond reasonable doubt, liability can then be fairly split between the two. Where responsibility and liability are disputed, however, the services of a specialist road traffic accident solicitor may be required by either driver or both assess a case and contest liability. Crash data retrieved from vehicles and the analysis of experts can often help establish the precise circumstances of an accident, and support one or other driver’s version of events. An experienced road traffic accident solicitor will also be able to negotiate effectively with an insurance company with reference to previous court decisions.
Why Are Overtaking Accidents So Common?
The Royal Society for the Prevention of Accidents (ROSPA) reports that 56% of all overtaking accidents involve a vehicle overtaking another moving vehicle on the offside. This includes collisions between an overtaking vehicle and oncoming traffic, collisions with drivers turning right and collisions with vehicles pulling out from side roads.
Speed is the major factor that frequently makes accidents of this type so serious due to the intensity of the impact between two vehicles travelling at high speed. Excessive speed, poor weather conditions, and drivers misjudging distance and road conditions, for whatever reason, cause the majority of overtaking accidents. Overtaking is in itself one of the most complicated driving manoeuvres, being time limited and requiring fast decision making. Drivers also often do not need to overtake, but to reduce their journey time or avoid slow-moving traffic, do so anyway.
About Our Road Traffic Accident Claims Service
Over the last 40 years Bartletts Solicitors has successfully claimed compensation for 1,000’s of road users injured due to negligent driving, and specifically, motorists ‘failing to look properly’ due to distractions. Bartletts have a tradition of commitment, hard work and the highest levels of expertise in advising people injured due to reckless driving on their legal rights. Client care is our highest priority. Our specialist solicitors ensure that you are always kept up to date with every aspect of your case, and we aim to obtain the maximum amount of damages for our clients with the minimum of fuss.
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For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
