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

[ACA]

And I would agree with you if the main road driver had been parked prior to the incident and had moved off from a wholly stationary position

It would seem that the main road driver gestured side road driver, gave very little time for the side road driver to avail of the offer, assumed that side road driver wasn't going to accept the 'let in' and so continued on their way. In which case it could be construed that main road driver offered to yield but that offer wasn't accepted, so right of way was retained??

 

[truthseeker]

In which case it could be construed that main road driver offered to yield but that offer wasn't accepted, so right of way was retained??

The rules of the road dont cover 'offer to yield' - the main road driver is REQUIRED to yield to someone turning at a junction.

 

[iandublin2]

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.

Standards must have slipped recently. I gestured another driver to proceed during me test and although the tester told me I shouldnt have gestured, he didnt fail me.