quick accident question...

Atomic Pineapple

my brother was involved in an accident there about an hour ago, luckily no one was hurt but just need some advice on the matter,

there was a pickup and a jeep in front of him, and the jeep went to overtake the pickup, and the road was clear so my brother went to follow the jeep overtaking but the pickup then indicated to turn right onto another road and pulled across, hitting my brothers car and putting him into a wall, i think both vechiles are wright offs.

my first question is who is in the wrong here? i'm of the understanding that when turning right you have to check your mirrors to make sure nothing is coming and if you dont and hit something then its your fault? so it wouldnt be my bothers fault? would i be correct?

secondly the driver of the other vechicle just gave my brother his contact info and left his pickup in a field and went off, surely he should have stayed there and waited for the gardai?

timmywex

the pickup driver is in the wrong here i think but it also depends on the speeds that they were both driving at, the pickup driver by law, should have stayed at the scene if both vehocles are to be written off

Little-Devil

I'm not sure who is in the wrong, but i would think that your brother should have waited until the jeep overtook the pickup and it was clear and then proceed to over take the pickup himself. I would if the garda where there then i think they would say your brother was in the wrong.

The fact the other driver left and walked away maybe a good thing. Im guessing he probably thinks he was in the wrong, which he could have been or maybe he had been drinking? If it goes to the insurace the it could go 50/50. I think your brother should have called the garda to be honest as it could get tricky now.

Tough one to call.

TheNog

I'd say both drivers are in the wrong here. The pick-up turning right should checked his mirrors and ur brother shouldn't be over-taking coming up to a junction. Surely the junction was sign posted? Any continuous white lines? I'd imagine the gardai would have said the same and left it for the insurance companies to sort out.

Lastly the pick up driver should have stayed until gardai arrived or at the very least gave all his details.

BrianD3

IMO your brother is at least partially to blame if he overtook at a junction. Did the other guy turn into a signed junction or just a laneway/private entrance?

From the UK highway code:

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

legs11

had the pickup indicated right? if so then your bro would be at fault, but this smells of poor driving from both parties involved. bit reckless!

least no one got injured......

Atomic Pineapple

TheNog wrote:

I'd say both drivers are in the wrong here. The pick-up turning right should checked his mirrors and ur brother shouldn't be over-taking coming up to a junction. Surely the junction was sign posted? Any continuous white lines? I'd imagine the gardai would have said the same and left it for the insurance companies to sort out.

Lastly the pick up driver should have stayed until gardai arrived or at the very least gave all his details.

the junction(just one road to the right not a cross junction or anything) is sign posted but its a very quiet road and the line markings coming up to it are broken and not continuous.

yeh he is still at the scene getting the car moved off the road and i told him to ring the garda, isnt it an offence to leave the scene of an accident?

Atomic Pineapple

legs11 wrote:

had the pickup indicated right? if so then your bro would be at fault, but this smells of poor driving from both parties involved. bit reckless!

least no one got injured......

no had not indicated right from what i gather

wyndham

There has to be something else at play here. You don't have your vehicle written off in an accident and then just head off, leaving your address with the other driver. Either he was over the DD limit, licence suspended, uninsured, etc and did not want to meet the gardai (I'd wager it was drink), stolen vehicle is also a possibility.

bo-bo

there was an accident very similar to this one heard in court in wexford a few months ago - the judge ruled that blame was divided amongst both parties, the person turning right for not checking his mirror and the person overtaking for not considering the possibility that the person in front may wish to turn right. there were other factors involved but most of the responsibility was put on the overtaking party. sorry if its a bit vague but that was the general gist of it

BostonB

wyndham wrote:

There has to be something else at play here. You don't have your vehicle written off in an accident and then just head off, leaving your address with the other driver. Either he was over the DD limit, licence suspended, uninsured, etc and did not want to meet the gardai (I'd wager it was drink), stolen vehicle is also a possibility.

Seems very suspect.