Car accident- who is liable?

(How can I upload an image?  I have edited a google earth image to clarify the situation but the only attachment option this forum has is "enter URL".  Is there any way I can upload an image as it will be really difficult for anybody to understand the incident).

Until I can upload I will (try to) keep it simple;

I was in the inside lane (right hand lane) of a two lane carriageway.

Both lanes were full with rush hour traffic.  Therefore I could not see any markings on the road as it was crawling traffic and I was behind a bus that would cover any noticeable markings.

I was approaching the traffic lights that govern a 4 way junction.

As I moved toward the traffic lights there were no lane priority signs, such as "no right turns/ bus lane only" etc so I assumed that like all other 2 lane carriageways in this area that both lanes can drive in a forward direction through the lights onto the facing 2 lane carriageway (the facing carriageway was definitely marked for 2 lanes- so it seemed obvious that 2 lanes of cars would be able to go straight onto it).

 

The vehicles in front of me all went through the lights and it went red on me, so I would be the first to go through the lights once they turned back to green.

 

As I drove forward the car the to the left of me turned in front of me- they were doing a right turn thus going across my path.

 

Subsequently I bumped into the driver from the left lane.  The front left corner of my car hit their back right side.

 

Having spoken to the person I hit they told me that the lane I was in was right turn only, so I was not permitted to travel in the forward direction.  The reason for this is that the carriageway I was looking to drive straight on to is less than a year old, so the lane priorities have remained the same as they were before this carriageway was built (i.e left and right were the only directions one would have been able to go).  Therefore the driver to the left of me was justified in turning right from the left lane.

 

I returned later when the road was emptier to look at the road markings and this information is correct; the right lane is right turn only, and I had gone straight on.  There is only one road marking that tells me this, as stated earlier there are no signs at the junction that strictly prohibit the inside lane moving forward, nor are there any signs on the opposing carriageway that there is no-entry for inside lane traffic.

 

(This all sounds crystal clear to me but is probably incomprehensible to the reader, so apologies to any that are completely non-plussed)

 

My basic questions are;

i) Though I was in the wrong am I entirely liable for the collision? 

I would believe that I am liable but I remember a collision I once witnessed whereby a vehicle (I will refer to this as "vehicle 1") was interupted when going through an amber light, so by the time they reached the opposite carriageway they were effectively travelling on red, so a Vehicle 2 in a filter lane had started to move.  Vehicle 1 hit into Vehicle 2 and the policeman at the scene  believed that it was vehicle 2's fault, despite vehicle 1 running through when they should have stopped.

 

ii) Would I have a case against the council for failing to notify road users of the unusual lane priorities?  I have spoken to numerous people who are also perplexed by the way this junction works.  The person I hit told me its one of those roads that the local road users have no problem navigating as they know, but it often causes near collisions with people that are unfamiliar with the area.

I am confident that the majority of drivers would have made the same mistake as me in the conditions of when this incident happened; it was hammering it down (got to love British summers).

 

I can email the google earth view if anybody has the time to have a look.  Any replies are greatly appreciated.

It does sound as though you

It does sound as though you are the "liable" party. if however you tell me which junction we are looking at I will have a look on google earth etc and give some further advice.

Richard Paremain

Profile: Personal injury specialist solicitor with Sarginsons Law LLP. I have more than 20 years experience involving both minor injury and cases with injury of the utmost severity. This has ranged from the Zeebrugge Ferry Disaster to a pavement trip for a Mrs Gready.I have a special interest in compensation for the Victims of Crime through the Criminal Injuries scheme.

Hi Richard thanks for the

Hi Richard thanks for the reply.  Its a large road called Moor Lane I can't find co-ordinates for the actual junction so you wouldn't be able to see it by simply typing in a post code.

 

I don't think its in any doubt that I am liable.

My attention is focused more toward claiming the costs back off the council.  The unusual lane priorities are not clearly marked.  I have taken pictures so if anybody has time to have a look at them in an attachment PM me your email.

I am a law student about to begin the Legal Practice Course in Manchester. I am currently looking for a legal work experience placement. Should anybody know of any, please do not hesitate to PM me.

Profile: Law Student

My email is

My email is rparemain@s-law.co.uk

Moor lane....which town/City?

 

 

Richard Paremain

Profile: Personal injury specialist solicitor with Sarginsons Law LLP. I have more than 20 years experience involving both minor injury and cases with injury of the utmost severity. This has ranged from the Zeebrugge Ferry Disaster to a pavement trip for a Mrs Gready.I have a special interest in compensation for the Victims of Crime through the Criminal Injuries scheme.

Hi Richard thanks for

Hi Richard thanks for providing me with your email address.  I have sent an attachment with the pictures.  Any help is greatly appreciated.

 

Edit;

It was moor lane in Bolton but google earth shows a different junction (and it is out of date) as can be seen in the document sent via email.

I am a law student about to begin the Legal Practice Course in Manchester. I am currently looking for a legal work experience placement. Should anybody know of any, please do not hesitate to PM me.

Profile: Law Student

DoDo I have looked at the

DoDo

I have looked at the junction.It could be better but I think that you are counselling perfection. White lines indicating the route that you should have taken extended into the junction would help.

However you travelled over two arrows indicating the direction you were to travel in, and the lane to your left could also turn right in the way you were supposed to.I do not think the junction is so bad as to give rise to any liability on the part of the council, and if it were there would certainly be an element of contributory negligence on your part.

You should certainly inform the councils highway dept about the accident as a repeat may mean they revise or reconsider the junction. I would not advise that you claim against them however.

Richard Paremain

Profile: Personal injury specialist solicitor with Sarginsons Law LLP. I have more than 20 years experience involving both minor injury and cases with injury of the utmost severity. This has ranged from the Zeebrugge Ferry Disaster to a pavement trip for a Mrs Gready.I have a special interest in compensation for the Victims of Crime through the Criminal Injuries scheme.

Hi Richard thank you for the

Hi Richard thank you for the reply.  From the point I joined the carriageway there was only the one right turn arrow.  I had joined from the left filter lane, so missed the first arrow.

Therefore my argument would be on the grounds that one arrow on a busy road in Bolton town centre (always filled with traffic) is not sufficient notification.

 

I will be informing the council, but I was also going to request compensation in the same letter.  Is there a specific act that outlines road arrow placement/ lane priorities etc?

 

Kind regards

I am a law student about to begin the Legal Practice Course in Manchester. I am currently looking for a legal work experience placement. Should anybody know of any, please do not hesitate to PM me.

Profile: Law Student

DoDo   your best place to

DoDo

 

your best place to start is probably the Traffic Signal Regulation and general direction 2002.

Richard Paremain

Profile: Personal injury specialist solicitor with Sarginsons Law LLP. I have more than 20 years experience involving both minor injury and cases with injury of the utmost severity. This has ranged from the Zeebrugge Ferry Disaster to a pavement trip for a Mrs Gready.I have a special interest in compensation for the Victims of Crime through the Criminal Injuries scheme.

Thank you for the advice I

Thank you for the advice I will look into this.

Kind regards

I am a law student about to begin the Legal Practice Course in Manchester. I am currently looking for a legal work experience placement. Should anybody know of any, please do not hesitate to PM me.

Profile: Law Student

User login

Navigation

Have a question

If you have a question, which does not fit into a section, or you are not sure where you should post a question, why not use the contact form to ask us a question?

Twitter / Facebook