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Whose fault would it be.....

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kira000 | 00:04 Sat 03rd Oct 2009 | Road rules
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If you check before turning left out of a side road, there is nothing at all coming on your side of the road, but as you pull out and straighten up, remaining on your side of the centre line in the road, you are hit by a car who zooms up driving across the middle of the road- so on your side of the road.

Their fault for being on the wrong side of the road without checking it was safe to do so? Or your fault for assuming that traffic would be on the correct side of the road?

Just wondering as there is a crappy turn down my way, where cars coming the other way drive fast down the middle from over a slight hump, and i see SOOOOOO many near squeaks as people turn out left when it appears clear, only to find themselves faced with a car on their side of the road.

Thoughts?
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it's a bit of an "either way" incident. whilst it's clearly wrong to be driving on the wrong side of the road, your first obligation when pullingout is to look right to see that the road is clear. once you've done that, you are supposed to look the way you are driving as there might be a pedestrian (for example) in the road.

logic says the person who has strayed across the road is in the wrong, but I think it would be looked into if necessary. the Highways Agency should be aware of it as an accident black spot, and should look into some sort of traffic calming methods.
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It is without doubt it would be the Driver on the wrong side of the road. Although you have done your manoever with completion therefore, you are in the right. It would be a very difficult decision to make you in the wrong as it is the driver coming towards you that is massively in the wrong. But it would be worth while speaking to your local council to get them to ammend the junction to create it a safer place to exit.
What you are saying kira is that the cars coming in the opposite direction are actually crossing the white line to avoid the speed hump ?

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