accident - driver beckoned out of junction then car drives into them

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serotoninsid

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Scenario:

Driver approaches the main road from a junction. A driver on the main road beckons them to drive out with a hand gesture. The driver coming out off the minor road has most of their attention on checking for oncoming traffic from the other side of the main road - drives out = but the lady in the car that had gestured him to drive out - then drives into him.

Q. 1 - My understanding is that it is against the rules of the road to gesture to someone like she did. Is this correct?

Q.2 - She is looking for compensation for damage - although she admitted at the scene that she had gestured for him to drive out. Furthermore, he has a witness to coroborate this. It's a small amount (€300).

I don't think she is correct legally. However, my concern would be that the insurance companies could make a meal of this if both sides dispute - costing them both a lot more in the long run - with seriously inflated premiums.

I'd appreciate any feedback as what is the best way to handle this.
 
As the person joining the main road doesn't obviously have right of way, legally that goes against I would think but here we have two entirely contradictory actions. It could be the case that she thought he wasn't going to go, and then prepared to drive on?

At least it doesn't sound like she's trying to milk it @€300.

I don't know if gesturing falls under legitimate courtesy to be honest. I've all but stopped letting people go for this reason ... either they don't pick up on it or hesitate then both go to go at the same time ...
 
bluemac said:
who drove into who, if she drove into you its her fault,
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She drove into him - on the basis that she could see a van coming on the other side of the road - and made the judgement that it wasn't safe for this guy to drive out onto the main road - despite having gestured him to drive out moments earlier.
wicklowman said:
At least it doesn't sound like she's trying to milk it @€300.
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Yes - on face value, that seems true.
 
Overall in the real normal world I'd say both should sort out their cars and leave it at that, and put it down to a bad experience. Of course as we know the law doesn't always work like that ...

Incidentally I've had about 3 people trying it on with jamming on the brakes (I never tailgate either) over the past month. It can be scary out there ...
 
serotoninsid said:
She drove into him - on the basis that she could see a van coming on the other side of the road - and made the judgement that it wasn't safe for this guy to drive out onto the main road - despite having gestured him to drive out moments earlier.
Yes - on face value, that seems true.
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Its not up to her to make the judgement what it is safe for him to do and this is a great illustration of why you should never gesture or respond to gestures on the road.

During my driving test a person furiously gestured to me to go when I didnt have right of way. I just sat my ground and refused to respond. The tester told me afterwards that he would have failed me if Id responded.

Back to the OPs case, regardless of her gesturing, your friend made a judgement that he was safe to drive out onto the main road, she was not moving at the time he began his manouver. She then drove forward, during his manouver, when she could already see he was manouvering, and crashed into him. She is at fault.
 
truthseeker said:
Back to the OPs case, regardless of her gesturing, your friend made a judgement that he was safe to drive out onto the main road, she was not moving at the time he began his manouver. She then drove forward, during his manouver, when she could already see he was manouvering, and crashed into him. She is at fault.
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This is my view - and is what i've always lead to believe. What I am just wondering is - if they both go nuclear - and it goes to insurance - they are both going to suffer? Would that be an accurate assessment?
 
Gesturing is also an automatic driving test fail.

So, gesture or otherwise, the person joining the main road did not have right of way to do so. It's not as simple as who drove into who.
 
Leo said:
Gesturing is also an automatic driving test fail.

So, gesture or otherwise, the person joining the main road did not have right of way to do so. It's not as simple as who drove into who.
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Ok, IF that is the case, what would the recommendation as to how to proceed??? This guy also has some minor damage to his own vehicle that will still cost a hundred to put right....
 
With the money being spoken of here, each repair their own would be the approach I would recommend. Cheaper in the long run I'd imagine.
 
yep, each settle their own & move on, otherwise no everyone will loose - ahem except the solicitors & insurance companies that is.
 
WicklowMan said:
I don't know if gesturing falls under legitimate courtesy to be honest. I've all but stopped letting people go for this reason ... either they don't pick up on it or hesitate then both go to go at the same time ...
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It happened to me about 20 years ago. I was driving down Anglesea Road from Donnybrook toward Ballsbridge. I was in a line of traffic. There was a young man in the car waiting to get on to Anglesea Road from a side road. I left a gap and gestured for him to come out. He drove straight out and never looked to his right. A car coming from his right hit the side rear of his car.
I was so upset about this incident that I have never gestured for somebody to come out since then. Rather I will sit in the car and leave a gap and it is up to the person themselves to decide what to do.
 
I don't have right of way coming from a side road onto a main road.

However, if the traffic has come to a halt on the main road and a gap has been left for me, do I have a right to come out?
 
Brendan Burgess said:
I don't have right of way coming from a side road onto a main road.

However, if the traffic has come to a halt on the main road and a gap has been left for me, do I have a right to come out?
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I believe you do. And if someone coming along the main road drives into you they are at fault because they saw you making a manouver and didnt slow down/stop.

Easier to think about an empty main road and you on the side road. Nothing there, so you begin to make your turn. A car then appears along the main road - you are already making your turn, it is his responsibility to slow down/stop so he doesnt hit you. Although he is on a main road he should be maintaining correct speed/stopping distance in the case of an emergency or obstruction to his path.
 
Sorry truthseeker would have to disagree. Party on main road has right of way; whether travelling at 5mph or 50mph. The only time that someone coming from a side road and being impacted by a person on the main road would be in the right would be if the side road driver was struck ENTIRELY to the rear.

I believe that beckoning, waving or 'flashing' someone out would fall into the same category as indicators. A sign of intent only.
 
ACA said:
Sorry truthseeker would have to disagree. Party on main road has right of way; whether travelling at 5mph or 50mph.
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From


To avoid doubt and in the interest of road safety a vehicle should always yield to pedestrians. You must also yield to:
  • traffic already turning at a junction,
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So once the side road driver has started his manouver the driver on the main road must yield to him.
 
If the impact to the car that exited the side road isn't entirely to the rear, then that car hadn't yet completed its manoeuvre and so is not in possession of the main road at the time of the incident. The side road driver would be deemed to have placed their vehicle into the path of the vehicle/s on the main road.
 
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I know where you're coming from truthseeker... but from an insurance perspective I'd still say that the side road driver was responsible, as he had to cross the path of the main road driver to reach his destination. Seems we're destined not to agree:eek:
 
ACA - I would agree with you if the main road driver was moving at the time that the side road driver began his manouver - but the main road driver was stationary at that time (forgetting about gestures etc...).
 
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