Car crash - who’s a...
 

Car crash - who’s at fault question…

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Was trying to pull out of my house today and the car to my left slowed down, stopped and flashed to let me out. I pulled out but the bus that was behind them swerved to avoid rear ending the car that stopped for me, and came into the side of me. The car that did the stopping to let me out left the scene immediately.

bus driver and I swapped details. He was a young lad and very shook up. Neither of us seriously hurt but both my doors are knackered so it’s not going to be cheap.

who’s at fault?

 
Posted : 09/02/2023 6:30 pm
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Did the flasher do a full on, ABS triggering emergency stop to let you out? If they just slowed normally then the bus should've been able to stop before hitting them/you.

 
Posted : 09/02/2023 6:33 pm
 mert
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Probably you, pulling out in front of traffic.

The bus will almost certainly have camera footage of the car that let you pull out, though.

Ironically, if the bus had hit that, he'd have probably been held responsible...

Not sure if the other car being there will change the responsibility (as the bus driver should have been able to stop, not have to swerve round a stopped car.)

 
Posted : 09/02/2023 6:34 pm
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The bus probably has cameras fitted. Might show he  was too close to the car that stopped.

 
Posted : 09/02/2023 6:34 pm
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Everyone.

Flashing and letting people out causes no-end of accidents especially if multiple drivers are involved.

 
Posted : 09/02/2023 6:35 pm
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I'd say the bus driver wasn't driving in such a manner that he could stop safely. Technically you're not supposed to flash people, but whatever reason the flasher stopped, the bus driver should have been at such a distance and alertness that he could also stop safely.

 
Posted : 09/02/2023 6:36 pm
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Flasher shouldn't have flashed.

Bus should have had space to stop without swerving.

You pulled out into oncoming traffic.

Ultimately you will probably at fault, possibly 50:50 if you are lucky.

 
Posted : 09/02/2023 6:46 pm
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You IMO

You pulled out in front of a bus.
All flashing your lights says is " I am here"  Its still your responsibility to ensure the road is clear

Might go knock for knock with the bus

 
Posted : 09/02/2023 6:48 pm
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The way I read it the OP is trying to turn right out of their drive, car from the left slows and flashes to let them out, and the bus had to, as part of his evasive manoeuvre, pull into the opposing carriageway, crashing into the OP as they are pulling out.

If that's the case, I can't see it being anyone's fault but the bus driver

 
Posted : 09/02/2023 7:01 pm
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who’s at fault?

Bloody cyclists.

 
Posted : 09/02/2023 7:04 pm
peekay, scc999, onewheelgood and 3 people reacted
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Assuming that the other car stopped "normally", the bus driver IMHO

If the other car was a little heavy on the brakes then the bus driver might have felt the need to avoid braking as heavily because the passengers possibly weren't wearing seat belts; split more between the other car and bus IMHO

Get CCTV from the bus as suggested ^^, doorbells and other CCTV

 
Posted : 09/02/2023 7:16 pm
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If I understand it correctly, the bus just drove into a stationary car in its own lane? Agree with comments about flashing etc "courtesy causes confusion" as my instructor said but the bus should have been able to stop. How long between the other car stopping, and the bus hitting it? If it wasn't basically immediate then that puts it beyond doubt.

 
Posted : 09/02/2023 7:17 pm
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I would forget the bit about the driver flashing to "let you out".

Just say you pulled out in front of him as it was safe to do so. The bus driver wasn't paying attention and swerved into oncoming traffic. That's really bad form for a professional driver.

Admitting to responding to the flashing puts you in the wrong.

 
Posted : 09/02/2023 7:25 pm
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I find it odd that the bus overtook a stationary car but couldnt see beyond it. Bus drivers have quite a commanding position so i cant think why he didnt se you.

Obviously he didnt, but i would think it would have been prudent of him to be of reduced speed.

 
Posted : 09/02/2023 7:29 pm
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Ultimately you will probably at fault, possibly 50:50 if you are lucky.

This I think I'm afraid.

Ultimately you pulled out from your driveway into the road.  The guy flashing his lights might actually have been saying "I'm here" (he wasn't but the insurance co won't care).

The bus driver will just say that he was avoiding the car in front which had to stop because you pulled out.

A lad turned right out of a side road when flashed by another vehicle coming from his left - straight into the side of my daughter's car which was coming from the right.

Wrote her car off.

Don't flash people to pull out.

If I understand it correctly, the bus just drove into a stationary car in its own lane?

No.

 
Posted : 09/02/2023 7:33 pm
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The bit I'm confused by, is that it takes a fraction of a second to pull out into the road, yet in that time a bus appeared from nowhere and drove into the side of your car. I'm finding it hard to imagine a scenario where it wasn't obvious the bus couldn't stop in that time frame, unless there's detail missing, like you were stationary in the road.

Ultimately it sounds like you failed to give way to traffic on the road. Flasher man might have made a poor decision but it sounds like he did very little wrong legally.

 
Posted : 09/02/2023 7:35 pm
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I see what you're saying but it can take a little time:

Car on the left flashes you to pull out, you pull forwards a bit and stop, check there's nothing coming from the right and then pull out.

It can be a few seconds.

 
Posted : 09/02/2023 7:39 pm
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who’s at fault?

Thatcher, obviously

 
Posted : 09/02/2023 7:48 pm
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I must be dim, were you turning left?

 
Posted : 09/02/2023 8:01 pm
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You're at fault.  Sorry.  You pulled out into traffic, any flashing of lights is meaningless.

A bus having to take evasive manoeuvres to avoid a car which slowed down a bit is a whole host of other questions, however.

 
Posted : 09/02/2023 8:11 pm
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Imagine a T junction . OP is sat there , waiting to turn RIGHT . a car from the LEFT sees him and trying to be a nice helpful chap flashes his lights to say ' I am letting you out old bean'

OP looks to the RIGHT to ensure nothing is coming , and nothing is ,so he accelerates into the road  . At the same time our hapless bus driver fails to see the brake lights come on from Mr flasherman , so swerves to avoid crashing stright into  the back of Mr Flasherman  from behind.

This swerve unfortunatly puts in a direct  collision course with the OP who has just pulled out . BANG

Mr Flasherman does one as he knows hes been a throbber by flashing and causing the accident . Leaving OP and Busman to exchange details

 
Posted : 09/02/2023 8:11 pm
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I think it’s you

i say this partly for perspective

I’m driving down a road in my bus. The car in front stops. I have no idea why. But as no one is coming the other way I change lanes to pass the car.  As I pull pas the parked car some one pulls out of their drive and I hit them.

Cars in the road have right of way. If instead of that being a car flashing you it had been your neighbours car that is parked there every day you’d have been thinking “I have to check that no one is passing my neighbours car as I pull out”

But the insurance will go 50:50 because nothing is ever simple. Unless everyone on the bus claims for whiplash then some one might want to sort it out

 
Posted : 09/02/2023 8:17 pm
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Who caused the accident? The flasher.

Who's at fault? The bus driver.

Who's going to end up paying for it? You.

 
Posted : 09/02/2023 8:25 pm
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As I've understood the OP's description, the bus overtook the car that stopped. So the OP pulled out into the lane nearest his exit. It was clear initially, but the bus overtook, on the wrong side of the road. So should the OP not have pulled out, because the bus was overtaking, or the bus not have overtaken because the OP was pulling out? Neither has right of way, so far as I know, so both should be cautious and ready to stop. I think it will go 50/50 unless there's clear evidence of who was there first.

 
Posted : 09/02/2023 8:37 pm
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Unfortunately, I think you're primarily at fault - Highway code:

Rule111
Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.

The bus driver might have questions to answer too, but that is as a consquence of your action.

Sorry.

Oh, and:

Rule 170
Take extra care at junctions. You should

  • [...]
  • look all around before emerging. Do not cross or join a road until there is a gap large enough for you to do so safely
 
Posted : 09/02/2023 8:43 pm
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The bus was going so fast it had to swerve into the oncoming lane?  Get set for every passenger to develop whiplash...

 
Posted : 09/02/2023 8:43 pm
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Too many variables - bus driver could have been sat thinking what’s this twonk doing and pulled out to go round. May not be a speed issue.

 
Posted : 09/02/2023 8:48 pm
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Imagine a T junction

100% right with you throughout here until,

Mr Flasherman does one as he knows hes been a throbber by flashing and causing the accident

Nope. The cause of the collision was the OP driving into traffic without due observation.

 
Posted : 09/02/2023 8:54 pm
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Bus insurance will NOT go 50:50 because of the huge excesses they carry.  There will be an unexplained error in the dash cam and the OP will get it in the neck.  Always try to reverse into your drive unless on a quiet road.

 
Posted : 09/02/2023 9:07 pm
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I think we need a diagram!

My reading based on the description (I'm assuming it's a single carriageway, one lane each side). You're wanting to pull out turning right, the guy going the opposite way stops for you. The bus driver coming up behind has to leave the left lane because he hasn't left enough braking room and hits you in the opposite lane.

You pulled out because both lanes were clear, one by virtue of the driver stopping for you.

There are two competing arguments - one that the bus driver is at fault by changing into your lane when you were already in it. The other is that if we ignore that the first driver was letting you out, and just imagine the driver behind him chose that moment to overtake legally, you would be at fault for joining that lane when it wasn't clear. So it's all down to timing - were you already on the road and entering your lane when the bus crossed the centreline?

Realistically, that means it should go 50/50.

 
Posted : 09/02/2023 9:34 pm
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Sorry OP but I think you are at fault. When you say the driver swerved round to avoid rear ending the flasher (thats a phrase I never thought I'd type) I see a driver pulling around a car thats stopped for no real reason and you pulling out into his path. He was carrying out a reasonable manoeuvre on the road he was on, you pulled onto that road into his path.

Plus I bet the bus company has better lawyers than you 🙁

Theres not often just one cause of an accident tho, everyone there could have done better.

 
Posted : 09/02/2023 9:37 pm
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You, sorry.  You pulled out into traffic and got hit.

Flashing lights idiot is a flashing lights idiot.  Flashing lights are not a valid signal.   And people stopping to let other people out is stupid too - we have a highway code, "politeness" shouldn't come in to it - drive to the rules and don't be so selfish as to hold the people up behind you and the traffic will flow more freely.

The bus driver might have just been overtaking some twonk who decided to stop in the lane.  That's a reasonable thing to do.  And buses, even single deckers, are quite big.

 
Posted : 09/02/2023 9:39 pm
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OP - were you reversing out? You were still in the wrong one way or the other, but if you were then you are definitely screwed.

the way I see it - the driver of the other car slowed, the bus driver assumed they were pulling in and overtook and OP just sailed out without a care because someone flashed their lights. Sorry, but anything other than 100% At Fault will be a bonus for you.

 
Posted : 09/02/2023 9:43 pm
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Flashing lights are not a valid signal.

They are, actually - It has a similar meaning to sounding your horn - to warn other road users of your presence.

Rule 110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

 
Posted : 09/02/2023 9:52 pm
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If you were driving down an A road and over took a slower car you and then you hit a car pulling out of a side road no one would question that the fault was with the car pulling out of the junction

 
Posted : 09/02/2023 10:01 pm
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They are, actually – It has a similar meaning to sounding your horn – to warn other road users of your presence.

Or as its more commonly known "don't pull out in front of me you wazock"

Sorry op, you ran into a bus, your insurance will not be pleased.

As has been intimated above by a few posters, how did you not see a bus passing a stationery car?

 
Posted : 09/02/2023 10:03 pm
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Bus driver at fault. Having to swerve onto the wrong side of the road to avoid rear-ending the car in front? Ridiculous. Even if it was a NSL road and the flasher did an emergency stop,

 
Posted : 09/02/2023 10:25 pm
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As has been intimated above by a few posters, how did you not see a bus passing a stationery car?

Any defence the OP has will be paper thin.

 
Posted : 09/02/2023 10:31 pm
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All this goes to reiterate that people who stop in free flowing traffic to let people out are ****ing morons. And it's always when if they bothered to check their mirrors they would see a huge gap 3 cars behind them.

But they're 'being helpful' so it's ok. Grrrr. Yes, please do stop for no reason without any indication to 'let someone out' and possibly cause an accident.

If you were driving down an A road and over took a slower car you and then you hit a car pulling out of a side road no one would question that the fault was with the car pulling out of the junction

Disagree. Probably 50:50. Yes the driver pulling out should check both directions. But also, overtaking past a junction is a massively bad thing to do.

In fact, it's a "Do Not" in the highway code:

167

DO NOT overtake where you might come into conflict with other road users. For example

approaching or at a road junction on either side of the road

 
Posted : 09/02/2023 10:40 pm
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<div id="post-12718592" class="bbp-reply-header d-flex justify-content-between w-100">

<div class="bbp-reply-author d-flex align-items-center flex-wrap"><span style="font-family: 'Helvetica Neue', Helvetica, Helvetica, Arial, sans-serif; font-size: 0.8rem;">Bus driver at fault. Having to swerve onto the wrong side of the road to avoid rear-ending the car in front?</span></div>

</div>
<div></div>
<div>it hasn’t been confirmed that the bus driver had to swerve to avoid a collision - that is just an assumption. Another view is that they assumed the driver was pulling in and simply passed them.</div>

 
Posted : 09/02/2023 10:40 pm
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Christ the stying options when using a phone are monumentally borked 😬

 
Posted : 09/02/2023 10:42 pm
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Christ the stying options when using a phone are monumentally borked 😬

Yep, I never knew what the rubber thing was for until this week. Still, I've got a like button.

 
Posted : 09/02/2023 10:52 pm
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I’m driving down a road in my bus. The car in front stops. I have no idea why. But as no one is coming the other way I change lanes to pass the car.  As I pull pas the parked car some one pulls out of their drive and I hit them.

I think Ampthill put it very well here, and that solves the little timing delay issue

 
Posted : 09/02/2023 10:56 pm
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Having to swerve onto the wrong side of the road to avoid rear-ending the car in front? Ridiculous

The bus driver passed a stationery vehicle.

Now imagine an instance in which you might not see an oncoming bus. Not a pedestrian, not a kid on a scooter or a bike, not even a car but something big enough to plaster £350m a week on the side of.

Which of those is more ridiculous?

 
Posted : 09/02/2023 10:59 pm
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I agree. OP to blame. Regardless of the flasher he should have seen the bus not pulled out in front of it. Bus driver mosying along. Car in front stops. Could be for anything.  Overtakes at which point OP exits driveway.

Even if OP couldn't see bus from driveway he should have been looking right and not just assuming that because the throbber had flashed his headlights it was a green light.

 
Posted : 09/02/2023 11:34 pm
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it hasn’t been confirmed that the bus driver had to swerve to avoid a collision – that is just an assumption. Another view is that they assumed the driver was pulling in and simply passed them

From the OP

the bus that was behind them swerved to avoid rear ending the car that stopped for me

but either way, I think the fault lies mainly with the bus - whether going too fast / not paying attention or failing to observe and predict what was happening and therefore just overtaking into another car, they are the ones that caused the collision.

The OP has enabled it by pulling out and being in a place where the bus driver's actions ended up putting him.

The flasher has enabled it further by encouraging him to do it.

Insurance however might see it completely different. You say the bus driver was a young lad and shook up but you can't really let compassion enter into this. If you want to fight your corner and not get shafted I'd be onto the bus company with your version (going too fast and unable to stop so pulled out to avoid rear ending) and ask for their confirmation of that via dashcam and speed data, etc. They might not want to give it but you have to try.

 
Posted : 10/02/2023 6:41 am
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You are at fault - 100%

Never take action purely based on another driver flashing at you.  They could even flash at you and keep on driving and it would still be your fault for pulling out in front of them.

 
Posted : 10/02/2023 6:48 am
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First, it sounds like you drove out correctly, i.e forwards, or are you one of those drivers that saves a few seconds getting home and then has to reverse (partially blind) across the pavement and into traffic?

Second, if the bus has made an evasive manoeuvre and swerved to avoid the car in front (or to avoid a heavy braking penalty for passenger (dis)comfort then I'd say its their fault.  If it was a poorly judged overtake of the car that randomly stopped, I'd say thats going to be mostly your fault.

Crucially though, I wouldn't state you were flashed out, it sounds like the car letting you out either stopped or substantially slowed down, so he was stopped/giving way to you.  Sounds a lot better , flashed out often results in an impulsive rushed manoeuvre where you fail to check for other hazards (like buses that are likely to struggle to stop in time)

 
Posted : 10/02/2023 6:54 am
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If the bus driver was just overtaking (rather than swerving to avoid a crash as the OP stated) then they should have been more careful before driving on the wrong side of the road. However a lot depends on the speed and environment.

 
Posted : 10/02/2023 7:21 am
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Hang on. If you come across a stopped car in the road, simply swinging around it at speed and carrying on is really stupid. You really should ask yourself why that car has stopped! People tend not to stop in the road for no reason. There will be a reason you need to work out what that is and if it poses a risk to you. Letting someone out is pretty high on the list of reasons people stop in the road.

Same for a car overtaking and hitting someone pulling out of a side road. You aren't supposed to overtake through junctions for this very reason.

 
Posted : 10/02/2023 7:34 am
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Needs clarification from OP but the way I read it is he was pulling into single-carriageway road and going right. Car approaching from the left stopped to let him out (how suddenly is unclear) and a bus behind that car couldn't stop in time (either driver not paying sufficient attention or the car in front stopped very suddenly) so bus takes avoiding action, swerves around the car and hits the OP's car left side (the bus being in the wrong carriageway at this point).

If the above is correct then it sounds mostly the bus driver's fault to me, entirely so if the car that flashed didn't stop suddenly (even if he did the bus driver should have been leaving sufficient room)

 
Posted : 10/02/2023 7:50 am
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You aren’t supposed to overtake through junctions for this very reason.

That's good to know. On my road commute, I have to turn right at a place where there is often traffic behind me. I signal, look back, make sure the driver has seen me and is not intending to overtake, look back again, and again, wave a thumbs up to the driver, then turn right. Only to once have a car behind that driver not realise why things have slowed down in an apparently clear road and overtake, almost killing me.

In my mind, that impatient driver is on the wrong; what else can I do?

This situation reminds me of that

 
Posted : 10/02/2023 7:54 am
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@fuzzywuzzy

Exactly, which is why I think the bus driver is at fault.

Consider equation without bus:

driver from the left stops to let you out (ignore the flashing bit, assume intent is clear anyway). You look right, nothing coming, pull out in front of the car that let you out, job is good.

Now add bus:

same scenario except bus is doing what it should, slows behind the car, you look right etc., job is good.

So what changes to create the accident?

Bus is going too fast / not paying attention / fails to interpret situation, overtakes and hits OP. Up until that point all is good and the bus driver's actions cause the collision.

The fact they're on the wrong side of the road and hit a car (assume you stopped and took photos etc. of where the bus was) makes it pretty obvious to me. The fact the other driver buggered off muddies it a bit as their car won't be in any pics to clarify, and I *suppose* bus driver could claim there was no other car and his braking / evasive action (unsuccessful) explains why he isn't in his lane.... hence why dashcam footage before they lose it is pretty important.

Still doesn't mean the Ins Co's may approach it differently.

I also assume no police involvement? The more I think on it, the more it sounds like careless driving by the bus, and I had half a mind that police usually attended PSV incidents anyway because of the issues with possible passenger injury, crowd control (53 people now held up and getting cross, etc.)

 
Posted : 10/02/2023 7:59 am
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The main / key factor here is the OP pulling out into a road that was not clear.  Without the OP pulling out there would have been no collision.  The car stopping and flashing and the bus pulling out to pass the stopped car ( for whatever reason) are contributing factors which is why I think the OP might get knock for knock but you cannot get away from the fact the OP pulled out into the path of a bus

Many years ago I was in a similar collision.  suburban road, parked car on my side, the driver of the car I was in crossed the white line to pass the parked car, another car pulled out from my right straight into our path.  Ruled 100% the other cars fault

 
Posted : 10/02/2023 8:03 am
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Or was it clear until the bus driver proceeded into the opposing carriageway without care?

 
Posted : 10/02/2023 8:07 am
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then they should have been more careful before driving on the wrong side of the road.

How? If there's nothing coming the other way and it's not at a junction then it's OK.

If you come across a stopped car in the road, simply swinging around it at speed and carrying on is really stupid

Who said anything about "at speed"? It's a bus, they don't do speed. Plus, a fast moving vehicle the size of a bus is going to do far more damage than described by the OP.

You really should ask yourself why that car has stopped!

Vehicles stop in the road for all sorts of reasons ... Especially in more built up areas.

I think this is just a case of the OP assuming it was fine to pull out and didn't give it enough thought.

The bus driver quite reasonably pulled out to go past a stationary vehicle and the OP pulled out of his driveway (not junction) at the same time.

 
Posted : 10/02/2023 8:10 am
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You aren’t supposed to overtake through junctions for this very reason.

HWC should not vs must not, of course. The road markings should change too - to long dashed lines at least if not no overtaking.

There's a similar incident waiting to happen near me, on a bit of a rat run in among the houses. The road is quite narrow and has approved / marked parking on the left hand side (viewed as if driving) so you need to 'overtake' into the oncoming lane when clear to do so.

There's a newish development on the RHS along here - old house knocked down and turned into 4 or 5 flats with a residents parking in the front.

The residents are obviously attuned to it but I nearly had a head on with a delivery driver type a while back, also had a Deliveroo scooter come straight at me and then mount the pavement to not have to stop, because they come out of the parking area, quick look to the right because they're turning left, and then carry on out without looking left and at the legitimately overtaking traffic.

Who would you blame there? I'd be overtaking parked cars into 'oncoming' traffic if they got substantially out of the parking area and onto the road.....but you can't wait all day just in case there's someone going to come out of the parking area.

 
Posted : 10/02/2023 8:12 am
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The bus driver quite reasonably pulled out to go past a stationary vehicle

Stationary implies it had been stopped for a while. Bussie should have seen it coming to a halt, not indicating to show pulling in to park, lots of indications that a supposedly professional driver could have used as cue.

If he'd been paying attention, and driving under full control.

 
Posted : 10/02/2023 8:17 am
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Its the old "Switz cheese" theory of incidents.  Its not one mistake that causes the incident - its a series of them.  Each mistake on its own would not cause an accident but the 3 together do..  so its a question of apportioning blame between the 3 folk that each ( on the surface) made a mistake

 
Posted : 10/02/2023 8:18 am
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but either way, I think the fault lies mainly with the bus.

Not in the eyes of the law. The rules around overtaking at junctions have been noted in the thread already - It will be frowned upon, but not strictly against the law, and in many cases unavoidable when it comes to stationary vehicles.

The OP however, has a legal obligation to give way to traffic when entering the road. It's pretty straight forward.

There could be extenuating circumstances (the bus was doing 140mph, etc...), but in most scenarios there's no argument.

 
Posted : 10/02/2023 8:26 am
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The main / key factor here is the OP pulling out into a road that was not clear.

It was clear from the right (let's deduce that because a/ the OP could pull out and b/ the bus driver thought overtaking into it was OK [not sure they 'thought' at all in reality])

It wasn't clear because of a line of moving traffic coming from the left.

Then it became clear because the driver at the head of the line of the moving traffic slowed to allow the OP out.

It's only the actions of the bus driver that caused the crash; the actions of the other driver and OP enabled it but didn't cause it.

Another thought - if the other driver stopped too suddenly for the bus (whether following too close / too fast or just not paying attention doesn't matter) then if bus had stayed in lane and rear ended other car - whose fault? If they'd overtaken into oncoming traffic instead of OP - whose fault?

 
Posted : 10/02/2023 8:28 am
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I *suppose* bus driver could claim there was no other car and his braking / evasive action

Did the OP know that the bus was having to take evasive action? (If he did and still pulled out......!!!)

Stationary implies it had been stopped for a while.

It doesn't imply anything, it just means stopped.

The flashing car may not have even stopped.... Just slowed right down as if to stop or turn left into another drive (without indicating - it happens a lot).

People overtake cars that are turning left all the time.<span style="font-size: 0.8rem;">I'm not saying it's right, but it's not wrong.</span>

 
Posted : 10/02/2023 8:31 am
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The OP however, has a legal obligation to give way to traffic when entering the road. It’s pretty straight forward.........in most scenarios there’s no argument.

Scenarios like this one, for instance? Where what he did was perfectly OK right up until the point where the bus driver did what he did?

 
Posted : 10/02/2023 8:34 am
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People overtake cars that are turning left all the time. I’m not saying it’s right, but it’s not wrong.

Is it wrong if you then crash into a car as a result of overtaking the car turning left? Or a car slowing / stopping, or even stationary? Maybe because you weren't driving properly and had to overtake to avoid rear ending the car turning left / slowing / stopping / stationary?

 
Posted : 10/02/2023 8:40 am
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@theotherjonv

So in your opinion, when driving on urban roads, if I have to change sides of the road to pass a stationary car, then I should give way to cars trying to enter the road from their drives?

So in other words once you are on the wrong side of the road you loose right of way to cars entering the road.

 
Posted : 10/02/2023 8:50 am
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As said above, stationary doesn't imply anything, 'swerving to avoid rear ending' does and is only the view of a vested interest.

 
Posted : 10/02/2023 8:50 am
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Is it wrong if you then crash into a car as a result of overtaking the car turning left? Or a car slowing / stopping, or even stationary?

Not if that car has pulled out onto the road in front of the overtaking car.

Think of it this way - if the OP had looked left again and seen the bus would he have pulled out?

Maybe because you weren’t driving properly and had to overtake to avoid rear ending the car turning left / slowing / stopping / stationary?

Who said anything about "avoiding rear-ending"?  If it was the OP .... did he see that and still decide it was OK to pull out? Doubtful, but if he did then he's definitely to blame!

 
Posted : 10/02/2023 8:56 am
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the bus driver thought overtaking into it was OK [not sure they ‘thought’ at all in reality]

In all reality I think the OP's sequence of events is likely very biased. A bus swerving isn't exactly a minor thing, [old] people fall out of seats, into each other, they get injured etc.

In all honesty I don't think the OP's explanation adds up, to me, it reads more like they're already trying to explain away what they did and looking for a plausible no fault statement to give the insurance. Of course I wasn't there though and I don't know.

I'm surprised (or maybe not) at the number of people suggesting the op lie on their statement and omit the flashing lights to sound less at fault though, seriously?

(especially given the series of events described by the op make it sound very much like the flashing lights could have been [in line with how the highway code suggests the flashing of headlights should be understood] "I'm here, look at me driving towards you, don't pull out," followed by the op pulling out anyway, the car emergency stopping and the bus taking evasive action.)

 
Posted : 10/02/2023 8:58 am
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Scenarios like this one, for instance? Where what he did was perfectly OK right up until the point where the bus driver did what he did?

There is nothing 'perfectly OK' about failing to give way. If the bus was so close, and travelling at a speed it would collide with the OP in the very short time it takes to pull out into the road, it should have been obvious. Unless there's more to the story, it's a simple failure to look properly.

 
Posted : 10/02/2023 8:59 am
 Drac
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Bus driver

 
Posted : 10/02/2023 9:00 am
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Strange how OP's always go silent when the replies don't suit. Come on OP - give us some more info! 🙂

 
Posted : 10/02/2023 9:02 am
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the bus that was behind them swerved to avoid rear ending the car that stopped for me, and came into the side of me.

How do you know this OP... did you watching him do this and still decide it was cool to pull out?

What's the speed limit there?

 
Posted : 10/02/2023 9:13 am
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The main / key factor here is the OP pulling out into a road that was not clear.

It had a stopped car in it and a gap, so you could argue that it was clear.  Now, we're not sure if the car was actually stopped of course.

Vehicles stop in the road for all sorts of reasons … Especially in more built up areas.

Exactly.  For reasons.  So don't assume the driver is just stopping for a picnic or admiring the view, and it's safe to proceed.  You should try and figure out why that car has stopped and start by assuming there's a good reason for it - for example, there is a manoeuvre in progress.

The bus driver quite reasonably pulled out to go past a stationary vehicle

I dispute that this is reasonable. If you see a stopped car in the middle of the carriageway, why do you think they've stopped?

 
Posted : 10/02/2023 9:29 am
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So in your opinion, when driving on urban roads, if I have to change sides of the road to pass a stationary car, then I should give way to cars trying to enter the road from their drives?

So in other words once you are on the wrong side of the road you loose right of way to cars entering the road.

No. It's clear that when entering the road you give way. That's what the HWC says.

But, if a car has slowed to allow a car to pull out, and you then overtake into that car then you think that's OK?

Just because the outcoming driver doesn't have RoW doesn't excuse the overtaking driver. Even if technically correct it's a dick move.

And (at least by my interpretation) it wasn't a stationary car in the sense of a parked car.....it was a line of traffic where the lead vehicle slowed down to allow someone out.

[and yes, I agree OP is probably biased but doesn't make him a liar, which is what some seem to be accusing of]

 
Posted : 10/02/2023 9:35 am
 irc
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The no overtaking at a junction rule is irrelevant here. It is a driveway. If we couldn't pass parked/stopped cars anywhere near a drive the roads would be permanently blocked.

I'm just having trouble visualising how I could exit a drive far enough to see a car in the near lane flashing me but not see a huge bus behind it pulling out to go past it.

 
Posted : 10/02/2023 9:36 am
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If you see a stopped car in the middle of the carriageway

How do you know it was in the middle, how wide was the road?

This is the thing - the OP has given his account of the event - which is probably slightly biased - and we have made up stuff around that. Some of it might be true, some probably isn't. There's a lot of conjecture going on.

At the end of the day the insurance co is going to look at it and see that the bus driver was doing nothing wrong and that the accident was very likely caused by poor observation/incorrect anticipation.

(If the OP could see that the bus was going too quickly/taking avoiding action why did he pull out and why not get the police involved afterwards?)

 
Posted : 10/02/2023 9:36 am
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It'll go knock for knock. Bus driver should have been driving at a sufficiently safe distance/speed to stop without needing to swerve. You shouldn't have pulled out in to traffic, irrespective of the wally who stopped and encouraged you to do so.

 
Posted : 10/02/2023 9:36 am
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I dispute that this is reasonable. If you see a stopped car in the middle of the carriageway, why do you think they’ve stopped?

Facebook, dropping someone off, picking them up, finding the pack of cigs they dropped on the floor, parking etc.

Also to reiterate, the op either could see the bus and pulled out anyway or couldn't see the bus before they made the manoeuvre, in which case the car was very likely out of view of the bus too, potentially on a blind bend etc, which might be why the bus *cough* swerved to avoid it.

What do you do when you come across a stationery vehicle with no obvious cause for it to be stopped (traffic lights, pedestrian etc) ? Do you wait until they move off, maybe in a minute, maybe tomorrow or next year or do you pass it?

 
Posted : 10/02/2023 9:37 am
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in terms of insurance isnt is the person doing the hitting thats at fault?  (i`m no expert by the way!)

either way the bus has cctv all over it so probably has a decent view of what happened - flashing lights, serving busses, grannies rolling in isles, numberplate of the flasher leaving hte scene of the incident, nosey neighbour etc - the lot. No point in lying unless you want to make yourself look like a numpty

 
Posted : 10/02/2023 9:47 am
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Where's the OP gone? More details required now, there's a lot of supposition going on.

Was it a built up area?

Single lane road?

How far away from you was the car that left the gap?

What estimated speed was everybody traveling at before the incident?

 
Posted : 10/02/2023 9:52 am
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