Carriageway Incident

[LMC88]

I was recently driving along a dual carriageway on my way to work, approaching a roundabout in the outside (fast) lane. It was 7:50am and was still fairly dark, therefore I had my headlights on... It was also icy and cold - and I was travelling at approximately 35/36mph on a 40mph road, with traffic building up towards rush hour.
As I intedned to take the first exit at the roundabout, I indicated and moved into the inside lane. I completed the move into the 'slow' lane, and a few seconds later I noticed a woman waiting at a junction to my left - I also noticed her start to pull out. At this point I started to brake, predicting the worst case scenario. As I predicted, the woman pulled out of the junction in front of me. I had already began to brake, but with the roads being icy it wasnt enough... I skidded into the drivers side of her car, causing damage to the wing, drivers door and rear quarter panel.
The damage to my car was the passenger side wing, and the front of my car, mostly to the passenger side due to the angle at which the collision occured. We exchanged insurance details and went our separate ways.
I would have thought that this woman would have admitted liability since she pulled out of a junction onto a road on which I had priority - however she is trying to blame me for the cause of the collision because I 'changed lanes suddenly'. This was deffinately NOT the case, as I indicated before changing lanes, I even checked my blind spot aswell as my mirrors due to the poor visability that morning. However there are no witnesses, so it's my word against hers.
The case is still in dispute - I'm wondering if anyone else has been in the same sort of situation and what my chances are of winning this case? Any advice will be much appreciated! Thanks.

[Ethel]

Firstly there is no such thing as 'fast lane' and 'slow lane' so don't use these terms on your statement - it will put you in a very bad light.

You've said visibility was bad and the roads were icy, yet you were driving very near to the maximum speed permitted on that road in good driving conditions. You did not adjust your driving to match the conditions especially as the traffic was building up.

You approached the roundabout in the wrong lane and had to change lanes. You predicted the other car would pull out but failed to adjust your driving.

Having said all that, if she did pull out in front of you whilst you were in the nearside lane she was in the wrong.
If she pulled out while you in the offside lane and you did not give adequate signal, you are in the wrong.

Did she have clear sight of oncoming traffic - was her view blocked by anything? Was there a lot of traffic in the nearside to stop her seeing you, so you effectively pulled in to the same gap?

[Ethel]

That's a very good point. If you were signalling she would have assumed you were going to turn in to the junction she was pulling out from.

[R1Geezer]

Yes Ethel but we know that Assume makes an A55 out of U and ME.....!

Anyway did you actually collide in he left lane? If so I'd say it was mainly her fault.

Oh and as Ethel Says never say Fast/Slow lane and also right of way/priority does not exist, so that will make you look bad too. The Highway code merely specifies when to give way.

[kempie]

Actually, although the Highway Code is predicated on the principle of "giving way" of course there is mention of "priority":

at roundabouts - priority to traffic approaching from the right

roadsigns that give priority over oncoming vehicles

etc., etc.

However it is true that "right of way" should be reserved for people tromping over fields and suchlike.

[ChuckFickens]

It was also icy and cold

As I predicted, the woman pulled out of the junction in front of me. I had already began to brake, but with the roads being icy it wasnt enough

Maybe you should include predictions of what happens on icy and cold roads in your driving!!

[LMC88]

Ok, firstly I had adjusted my speed due to the conditions - I wasnt driving at 40mph, it was approximately 35/36mph, which was more than adequate for that road.

Secondly, I changed lanes so that I would be in the correct lane to take the first exit at the roundabout, this does not mean that I was approaching it in the wrong lane!

In response to robknot: After changing lanes (approaching the junction) I did turn off my indicator, yes - but since I was going to work I had no intention of turning left as I needed to take the first exit at the roundabout, so I did not 'change my mind'.

I appreciate your opinions but it boils down to the fact that this woman hasnt done her checks properly, she's pulled out infront of me on an icy road, caused an accident in the left lane and is now trying to get out of it by saying that Its my fault for changing lanes.

All I want to know is wether its worth taking to to court or not.

[R1Geezer]

Just say what happenned and deny all fault and let your insurers deal with it. Do not accept knock for knock. It's unlikely this will go to court to decide blame.

[Ethel]

Driving 4 miles below the speed limit in icy conditions in poor visibility, in traffic, is not safe driving.
You obviously think it is, just as you believe there is a fast lane.

I would want to hear her version before deciding if it is worth your while going to court

[sigma]

"it was approximately 35/36mph, which was more than adequate for that road. " As you were unable to stop, 35/36 mph was not adequate for the road.

[johnny37]

Do not understand why it should go to court. Just let the insurers deal with it.

As far as fault is concerned:

It looks to me as if the other driver assumed you were signalling to turn into the turning she was exiting from. A bad error on her part. My driving instructor told me 40 years ago if you see someone signalling dont assume they are going to turn - wait for them to commit themselves. This is a classic example of what can happen. All the other stuff apart therefore. I would say the other driver has some blame.. Could even be without due care and attention. But so are you, for reasons already mentioned above.

[LMC88]

Thanks to the guys on here that were helpful! =)

Once I know the outcome of the case I'll pop another post up and let you know!

[pagey]

Why is driving at 36 in a 40 not safe in these conditions? You need to leave enough stopping distance between you and the car in front. It is not your fault someone pulled out, immediately encroaching on what might have been an otherwise safe distance.

The signal may be misleading to the other driver, but the fact you were in the outside lane implies you were moving to the inside lane, not turning into the junction.

The fact most damage is to the side of your car is also in your favour.

Also, as you were on a dual carriageway, the driver need not look in the other direction and should've had her eyes on you the whole time.