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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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I was involved in an accident in January. I was driving down

Customer Question

I was involved in an accident in January. I was driving down a road and the vehicle infront of me moved to the right hand side of the road, as if to park, then indicated left and turned infront of me causing me to hit his car, just behind his front wheel, so I was well along side him when he started to turn. It was dark and my lights were on. My solicitors say that is partly my fault as I should have given him time to complete his manouever, even though he was on the wrong side of the road. I think that as I was on the correct side of the road he should have looked and seen me in his mirrors and given way to me. I would just like an alternative point of view.
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

I'm not sure I can really give you good news.

Come what may, he had right of way.

Expert:  Jo C. replied 9 months ago.

I realise that he was negligent too but that is why they are suggesting a settlement on that basis.

Im afraid the advice you have had is spot on.

You saw him and did not give him time to complete. That is negligence I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
you can drive on the wrong side of the road, cause and accident and not have it being your fault? I'm struggeling to understand that. I was taught to drive on the left
Expert:  Jo C. replied 9 months ago.

No, that is why he is being asked to pay 50%.

Expert:  Jo C. replied 9 months ago.

But whether he was negligent or not, you saw him and didn't give him time to complete which is negligent too.

I would take the offer. I actually would have assessed it as much worse than that.

Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 9 months ago.
He indicated and turned at the same time.
Expert:  Jo C. replied 9 months ago.

Yes, and you did not give him time to complete.

That is negligent Im afraid.

Customer: replied 9 months ago.
I was at the side of him when he indicated and turned. The point of impact was directly behind his front wheel
Expert:  Jo C. replied 9 months ago.

Then that is even worse. I would take the offer.

I would have assessed this as 75% your fault.

I'm very sorry.

Customer: replied 9 months ago.
Because he wasnt indicating until i was along side him that makes it worse?
Expert:  Jo C. replied 9 months ago.

No, because he was so close and you didn't give him time to complete.

Customer: replied 9 months ago.
To complete what? he was on the wrong side of the road not doing anything until i was along side him
Expert:  Jo C. replied 9 months ago.

His manouever.

There is no way around it.

Come what may, you saw him and did not give him time to complete.

Customer: replied 9 months ago.
Not what i wanted to hear but thanks anyway. I still don't get how being on the wrong side of the road and causing an accident is ok
Expert:  Jo C. replied 9 months ago.

Well, it isn't. The trouble with the law of negligence though is that there are very few black and white cases.

Customer: replied 9 months ago.
Its basically a case of he said, I said. As there are no independent witnesses.

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