PDA

View Full Version : Liability question (roundabout accident)


ukbandit
29th July 2008, 12:29
Hi guys, does anyone have any legal knowledge of this senario?
enter a roundabout after checking it was clear to do so.
a 4x4 starts to pull out from the next junction ahead onto the roundabout.
unbe known to me he is towing the car behind, it is only a small roundabout
i have got almost to my exit straight ahead and the towed car cataputed in front of me, i braked and swerved in my ute and we collided. it seems to me the 4x4 did not wait until he had a suitable gap to get both cars clear of the junction. now he is blaming me for the accident. your thoughts or knowledge on this would be gratefully recieved.
MSTRS
29th July 2008, 12:32
So the 4x4 and towed vehicle were on your left, and you were in the roundabout already?
If so, he is at fault.
Mully
29th July 2008, 12:33
If he should have given way to you, it's up to him to ensure he has completly given way (i.e. there is room for his entire vehicle to pass without making anyone change direction to avoid him).

Did you involve the Police. Seems to me he could be done for careless use.
jrandom
29th July 2008, 12:35
His fault. It's straightforward.

But what are you doing dealing with it? Let your insurance company sort it out.
BiK3RChiK
29th July 2008, 12:56
I hope you reported this to the police at the time. If not, go and report it now. Also, if you are insured, then as jrandom says, they will sort it out. It sounds to me like the other guy is 'trying it on'. Just say, see you in court and stand your ground all the while looking him in the eye, and try not to stress too much about it. Let the legal begals do the hard yards.

Just my 0.02
awayatc
29th July 2008, 13:01
He is wrong....100%
he, or his insurance will have to pay.....
Your insurance will do that for you..if you have got it...
Police....plolice....police
Patrick
29th July 2008, 17:22
Some correct advice for a change...

Only 1 thing though... was he on the roundabout before you?

If not, he has to give way to all vehicles already on the roundabout.
FJRider
29th July 2008, 17:37
So the 4x4 and towed vehicle were on your left, and you were in the roundabout already?
If so, he is at fault.


I have "struck" this before...me in the wrong...DAMMIT. The 4x4 AND towed vehicle are counted as ONE. Pass details 4x4 driver to YOUR insurance Co. Let them fight it out. Report said accident to Police as "non injury" accident, they do have to be reported too(within 7 days I think). If you have no insurance... get a lawyer...
Trouser
29th July 2008, 18:34
So lets get this straight.

His 4x4 was already in the roundabout. You didn't know about the towed vehicle. You went to go through the roundabout. You crashed into towed vehicle you thought would stop.

If this is the case, You = buggered.
cooneyr
29th July 2008, 18:47
Some correct advice for a change...

Only 1 thing though... was he on the roundabout before you?

If not, he has to give way to all vehicles already on the roundabout.

Above is correct. If he was on the roundabout first even if that means means you have to stop cause he is slow then you are buggered. This seems quite possible cause he would have been slow of the mark and you would have entered at a higher speed.


So lets get this straight.

His 4x4 was already in the roundabout. You didn't know about the towed vehicle. You went to go through the roundabout. You crashed into towed vehicle you thought would stop.

If this is the case, You = buggered.

The technicality or assumption behind all of this thought, is that the two vehicles are counted as "one vehicle" like a vehicle and trailer. If they aren't then you are OK but if they are counted as one vehicle then you again are buggered.

Cheers R
ukbandit
29th July 2008, 20:35
we entered the roundabout at about the same time, the towed car appeared to be still i think it took time to take up the slack in the strap. the first car only just got passed me, it looked clear for me to exit when the second car appeared in front of me, thanks for all your comments :Punk:
FLYMO
29th July 2008, 20:42
other thing is how long was the rope between the vehicles
it has to be a certain length
maybe it was too long
CB ARGH
29th July 2008, 20:49
Give way to vehicles on your right.

HE'S IN THE WRONG! PARTY!! :bash:
BiK3RChiK
29th July 2008, 21:14
other thing is how long was the rope between the vehicles
it has to be a certain length
maybe it was too long

Maximum tow rope length is 4 metres.
Skyryder
30th July 2008, 10:09
Some years back the wife was involved in a round'a'bout accident. She entered a 'clear' roundabout with vehicle about to enter from her right. She was hit by the vehicle on the 'right' hand side on the 'rear' mudguard. The other vehicle adimitted to speeding at 60k's and even though my wife could not avoid the vehicle and the vehicle was not in the round'a'bout at her ti9me of entry and sthe driver admitted driving at 60kmp she was fined and was deemed to be in the wrong. Failing to give way etc. Bottomline on this if the vehicle you hit was on your right it matters not one whit if it was towed or not ya just gota give way. Personaly I think the towing vehicles should be required to use the flashers when towing a vehicle. Have a go at getting off by all means but remember you might not be successful. Bummer I know cost us a few bob at a time we could ill afford it and the vehicle driver admitted to speeding. Was he charged.................no.


Skyryder
cooneyr
30th July 2008, 13:34
Some years back the wife was involved in a round'a'bout accident. She entered a 'clear' roundabout with vehicle about to enter from her right.....

You got shafted but it was possibly a marginal case.

The situation being discussed is akin to a heavy vehicle that is slow of the mark entering a clear roundabout and another vehicle smacking into the RHS. The rule that most dont know allows for this situation and means that the other vehicle is in the wrong.

Problem with a towed vehicle is how do you know it is being towed? The tow rope is not always that obvious.

Cheers R
Skyryder
30th July 2008, 13:51
The rule that most dont know allows for this situation and means that the other vehicle is in the wrong.
Cheers R

What rule is this and where can I find it.

Skyryder
Patrick
30th July 2008, 16:47
Road Code - give way to vehicles already on the round about.
mattian
30th July 2008, 17:40
If you say that you BOTH entered the round about at the same time then, he failed to give way to you and its his fault..... an open and shut case. When it comes down to your word against his and no witnesses (??) then, I do believe the judge will take your side. Give way to vehicles entering the roundabout from your right. Simple.
Patrick
30th July 2008, 20:49
Wot mattian sed...:2thumbsup
Badjelly
31st July 2008, 14:08
Give way to vehicles entering the roundabout from your right.

Actually, it's: "Give way to all vehicles that will cross your path from your right as you enter the roundabout."

See

http://www.landtransport.govt.nz/roadcode/about-driving/giving-way-at-roundabouts.html

I'm sure it used to be: "Give way to vehicles already on the roundabout." But not any more.