ROAD TRAFFIC ACCIDENT WHOS FAULT

[anthony25]

HELLO I WAS ON MY WAY HOME FRIDAY NIGHT AROUND 7PM I WAS DRIVING ALONG A STRAIGHT ROAD THEN THE ROAD SORT OF DROPS DOWN AS IF YOU ARE COMING OVER A HILL UP THEN DOWN SORT OF THING AS IVE COME OVER SOME GUY WAS DOING WHAT SEEMED TO ME AS A U TURN IN THE ROAD AND HIS CAR WAS ACROSS WAYS OVER MY SIDE OF THE ROAD HIS PASSENGER DOOR WAS ACROSS WAYS ON MY SIDE OF THE ROAD I WAS DRIVING DOWN HILL THE ROADS WERE SOAKED I BRAKED AS QUICK AS I COULD AND SLID STRAIGHT INTO HIS WING STRAIGHT ON MY AIR BAGS DEPLOYED I WAS TAKEN STRAIGHT TO HOSPITAL WITH NECK AND BACK INJURIES..WHOS FAULT IS THIS ??????

[jno]

if he was doing a U-turn in a position where he coulda't see the road, then moslty him. But you may have contributed by driving too fast for the conditions.

[anthony25]

I WOULD SAY AROUND 35MPH

[ChuckFickens]

You are.

You should have been driving at a speed that would allow you to stop in time, if you where coming over a blind hill then you should have slowed down in anticipation of something blocking the road out of your sight..

(stupid place for them to do a U-turn though!)

[boxtops]

I would say he was, turning in a place where other drivers couldn't have full vision. Equally it could be said that you should have been able to stop in time. Tell your insurance company straight away, as clearly as you have said here, particularly as you may have a personal injury claim against the other driver if it's proved to be his fault.

[livvyxx]

ouch, ym eyes are bleeding. Pls turn off caps lock button

On the face of it it appears to be the other drivers fault as he was side ways on in the middle of the lane as you describe it. How far from this 'sort of thing' was he? Is it a blind thing?

Any google earth maps of the road?

[redcrx]

let your insurers sort it out, thats what you pay them for.
But be prepared to be found at fault, you admit that you were unable to stop in time

[anthony25]

YES HE WAS SIDEWAYS ON MY SIDE OF THE ROAD

[sara3]

take your caps lock off.. you're shouting.

[boxtops]

anthony, turn off your caps lock, it looks like you are shouting.

[saxy_jag]

What speed were you doing? If you were driving too fast for the road or the conditions then it won't look good come compensation/court time. Might depend, too, what the other driver was up to. You'd need to prove he was making a potentially dangerous manouvre at the time.

Sorry, I'm no solicitor, which is why I think you should seek professional advice over this.

[anthony25]

around 10 metres but he was like right over my side sideways

[redcrx]

he could have been coming out of a junctionand not doing a U turn, You still wouldnt have been able to avoid hitting him if you were driving too fast for the road and conditions

[anthony25]

redhelen..im 30 years old with 2 children who thank god werent in the car with me

[saxy_jag]

Sorry - you said 35 - I crossed with the other posts. What was the speed limit for the road? And what were lighting conditions like? Because even 35 in a 40 limit could be too fast in the wrong conditions. I've been down a country lane this morning with a 60 limit, but there's no way I'd have done 50 or even 40 in this rain.

[boxtops]

Tell your insurers, don't delay - and while it's fresh in your mind, make a drawing of what you think happened. When I worked in insurance, my boss always used to recommend this, people forget the fine details quite quickly. If need be, go back to the location and take some photos.

[livvyxx]

what type of road was it? Dual carriageway? Built up area? Single track road?

[anthony25]

he wasnt coming out of any junction he was parked up on the opposite side of the road facing up i gather he wanted go the same way as me therefore he decided to u turn to get down ..the worst thing is 80 yards up the road on his side theres spare ground he can use to easily turn around safely why didnt he do that??