Undertaking

[victhewic]

I was recently involved in a road accident for which i have to appear in court. The situation was:
I was travelling in my car on the left hand lane of a dual carriageway, (i had been in this lane the whole time). I pulled up to a set of red lights and a tanker pulled up in the right hand lane beside me. When the lights changed to green i accelarated as did the tanker, however, I could obviously pull away faster (staying within the 30 mph speed limit) - i was just ahead of the tanker when he attempted to pull into the left hand lane behind me clipping the back of my car (I was in his blind spot he said) There was no other traffic ahead or behind. Can I be held partly to blame for undertaking in this situation?

[bemore]

Im not an expert, nor a lawyer.

You had come to a complete standstill and the truck pulled up alongside you (so he knew you was there). Then you both pulled off at the same time, obviously you being in a car you are bound to be quicker at initial pull off (but 30 mph on a dual carriageway???????) so i wouldnt deem that as UNDERTAKING because if that was the case hundreds of people are doing t every day on the road.

If I was you Id consider ringing up a compensation company. Like no win- no fee sort of thing. For one you may get some money out of it but if not at least they may be able to shed some light on the whole undertaking thing.

[derekpara]

He moved into your lane and struck you.

You were not 'undertaking' him.

His fault.

Claim from his insurance.

[Ethel]

What have you been charged with?
Your description of events does not constitute undertaking, and you not been so 'quick off the mark' it seems likely the tanker would have done more than clip the back of your car - it would have been a complete side swipe.

[HJT40]

I can't see why you would have to appear in court unless the driver of the lorry is trying to say that you were speeding on the inside of him, which he can't do if you were in his blind spot.

If what you say is fact, then you were not undertaking, you were merely pulling away from a junction at a faster speed than a lorry, which lets face it isn't hard to do.

How come you are going to court, are the police prosecuting you?

[TWR]

bemore, you would not be an American by any chance would you? Having been in this position many many times in my previous job, Many HGVs have what is known as a Step mirror that is positioned above the passenger door this In turn gives the driver a view of what is on that side of his/her unit (Cab) you said you where ahead of the Tanker well if that is the case the driver would have seen you I can assure you of that, If you were aware of the Tanker along side you & what damage these things can cause why did you not put your toe down & get out of his/her way? as you say there was no traffic in front of you or behind. Dual Carriageway unless in a built up area 50 unless otherwise stated?? Even now if the occasion arises although I know the Consequences I get out of the HGV as quick as possible.

[Panic Button]

As an HGV driver, I have to say that your story does not ring true.

If you were the only car in the left lane, you would have been at the white line. You would have been clear of him in no time, if you accelerated away when the lights turned green.

Also, as he was not in the left lane and arrived after you, he would have been fully aware of your presence. As TWR says, he would have seen you as the blind spot is further back.

In the circumstances you describe, the Police would not take you to court. There is more to this, isn't there?

[TWR]

Panic Button, I think we have been there, seen the people that have tried to claim (& there are one hell of a lot) Just a simple reminder to the scammers or I will sue this comp plotters) a lot of HGVs not only Artics, Wagon+ Drags + a lot are now fitted with CCTVs for the likes of people that try & take the PS.

[victhewic]

the police aren't taking me to court, the lorry driver's insurance company are. although the tanker driver said to me at the scene of the accident that i was in his blind spot, he has now said to his employers that i was trying to move into the right hand lane!! Why?? there was no traffic ahead of me at all. It was 30mph because there is traffic lights and for about 20 mtrs after them it stays at 30 then changes to 50mph. at the time of the bump i was only doing 25mph. TWR - i could not "put my toe down" or i would have been breaking the speed limit! Panic Button - he obviously was aware of my presence and i don't know about mirrors on tankers or whatever. i presume he thought i was further ahead of him than what i was when he attempted to pull in the left hand lane.

[Ethel]

If he thought you were further ahead he would have seen you.

Just tell the court exactly what you have told us, but don't say what you think the driver thought - you have no idea what he was thinking or why he drove like that.

You were progressing in your lane within the speed limit in a proper manner.

[jno]

if you've stayed in the same lane, at a legal speed, you've done nothing wrong; that's not undertaking.

[TWR]

I will add a bit of advise from 38+ HGV 1 Exp, Vichthewic, on seeing a HGV/ a Bus or anything larger than your own vehicle & you are on the Inside & the other is on your outside Just think of this for the other Vehicles size you can see them, for your size Vision is limited to the lager Vehicle, For a matter of 30mph you would have been out of the Tankers way, although the size of the Tankers Engine may be in the region of 350 to 420 BHP the HGV does not have your acceleration, just to conclude there may be a lesson learnt here, don't forget that drivers of HGVs cannot afford to have endorsements on his licence, Why, his licence is his/her living, they get 3 points that's their living gone I can assure you of that. regards what you say its the Insurance that taking the case up, I will recap what I have said, too many motorists try & claim against HGVs because of their size I know, I have been in the position & many other HGV drivers will tell you the same but that is slowly coming to an end.

[victhewic]

Thanks everyone!

[Panic Button]

Did you say the insurance company were taking you to court?

How very strange