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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My wife was driving on a busy road (A37) Pensford Bristol.

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My wife was driving on a busy road (A37) Pensford Bristol. It was single lane her side and two lanes of oncoming traffic. there are two continuous white lines splitting the two directions of traffic. She indicated and slowed down to turn right to enter our fields. While crossing the oncoming traffic, which was clear. The car behind went to overtake her and smashed into her back drivers side spinning her around. Both cars are right offs. The other driver who is in his late seventies went to hospital with a collapsed lung.
This is a journey we make daily. We have rechecked the high way code on the rules of double white lines to clarify we had kept within the highway code.
Our car has a recent MOT and is insured and taxed.
My wife is worried that if the driver of the vehicle that went into her from behind dies she will be charged with dangerous driving. Would this be the case?
Thanks
Steve.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Just to clarify I assume she was indicating and her brake lights lit?
Customer: replied 1 year ago.
Yes the car had working brake lights and indicators. She was indicating at the time, which she does at least 200 yards before she turns into the yard.
Expert:  Ash replied 1 year ago.
To be clear it was solid on her side where she was trying to turn right?
Customer: replied 1 year ago.
Yes it was solid lines splitting both directions
Expert:  Ash replied 1 year ago.
No chevrons or lane dividers?
Customer: replied 1 year ago.
no just two continuous white lines splitting both directions
Expert:  Ash replied 1 year ago.
Ok. Just so I know, how did you view this in terms of the Highway Code?
Customer: replied 1 year ago.
I understand it that you are allowed to cross these lines if turning right into premises, if safe to do so. The oncoming traffic was clear at the time.
Expert:  Ash replied 1 year ago.
Yes I would agree. The Highway code isnt helpful and it could be clearer. It says R.128
This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road.
You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Of course if you read R.127 it refers to overtaking so I take it that R.128 is also in reference to overtaking.
You can turn right as long as it is safe to do so, ie no oncoming vehicles and assuming there are NO SIGNS that say no right turns.
As such I do not think she has done anything wrong and indeed this other person should be charged with dangerous driving.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex,Thank you for the clarification. I thought that we were correct but is has been useful asking a professional opinion. Thank you for your help.Kind regards
Steve.
Expert:  Ash replied 1 year ago.
Happy to help Steve
Alex
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