Date: 01-06-24  Time: 14:50 pm

Author Topic: an unfortunate incident.  (Read 5172 times)

Val

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Re: an unfortunate incident.
« Reply #25 on: 29 June 2016, 05:29:15 pm »
If the driver could have seen johnakay coming then he should not have proceeded onto the roundabout because johnakay would have priority. 100% the driver's fault.

PS the correct term to use is "priority". "Right of way" actually just means the right to "pass and re-pass across a piece of land", but "priority" means you have the right to go first.

Agree the Highway Code say you come from the right side you have priority.

It depends how close johnakay was to the roundabout.

If he could have seen that the car's path would be blocked, he probably shouldn't have proceeded, but it's not illegal, so the question is could johnakay have seen the driver moving forward and braked in time. If not, then it's 50/50 IMO.

If johnakay was going too fast to stop or failed to observe the car blocking his path, probably 100% his fault (IANAL etc)


jonakay said it has hapenned very fast. That means the car was not already on the roundabout, just the car decided to pull out as usually in the last moment and than got stucked in the middle and jonakay has hit it. On jonakays place I would stick to the version that he has not seen the possibilit of the blockage, which is the case because nobody will hit a car with a bike on purpose right.

The case seems pretty clear - the guy in the car decided to take jonakay's priority and to stick the cage in the middle of the roundabout. jonakay has hit him because of that. Does not matter where is the hit - to the side, front of the car or the back of the car. If you take priority it is your fault because as the result of that the crash has hapenned.
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