QuestionHello - I was involved in a small smash yesterday which i believe to be the other persons fault but they are claiming its my fault.
What happened was i was driving along and and i took a right hand turn and just into the turn another car was doing a 3 point turn. This car was reversed back over my side of the road and was about 15-20 m from the corner its self. I went around the corner at 25mph and seen this car reversing on to my side of the road - i slammed on the brakes but couldnt stop in time and hit the car causeing slight damage to the rear drivers side wheel arch. My car was left with a smashed headlamp and a small dent in the bonnet. I think it was there fault because they shouldnt have been doing a 3 point turn so close to a busy corner. I hope you can help me
Thanks Rob
AnswerHi Rob,
The party doing the maneuver in the roadway is at fault, unless you could have avoided the accident.
The basic rule is that no driver shall move his vehicle until he knows the way is safe. He might say that he looked and no cars were coming. But the problem with that defense is that he chose to do his maneuver close to a corner.
It is foreseeable that a car might come around a corner----NO, even worse, it is EXPECTED that a car will come around the corner. Hence, one cannot EVER ASSUME that the way is clear and start a backing maneuver at the spot the other driver did.
Therefore he breached his duty of care owed to other motorists. Hence his negligence is the cause of the accident.
His only defense is to assert that you had the last clear chance to avoid the accident and through your inattention you failed to stop in time.
That defense must fail, however, inasmuch as you were presented with the scene without sufficient distance to stop. Your reactions were reasonable and demonstrated the exercise of due care and caution and a good reaction to the emergency created by him.
You win.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
