just curious

herb

herb

modherbrator
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Location
west midlands
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Seat Leon Cupra
i witnessed a accident this morning and im just curious who do you think was to blame?
google image of the spot it happened just to the right of the phonebox
and on the drive is 1 vehicle involved the transit

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the other vehicle involved is this daewoo/hyundia?

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basically how the accident happened was. the transit was slowly (about 2mph) driving up the road with no lights on. and the black korean thing was coming down the hill a bit to quick he had his lights on. the transit stopped when he spotted the car coming but the korean thing didnt and then screech and smack.

so im just wandering is the transit to blame cause he didnt have his lights on? or is it the other car for going to quickly and not noticing the transit?
 
IF the Korean car was not travelling at grossly excessive speed then I think it's fully down to the Transit driver. You cannot automatically blame the driver who was slightly above the speed limit, despite how the politically correct bunch seem to think they can.
 
Assuming it was dark enough to warrant lights then the Transit driver is to blame. Driving in the dark with no lights is just plain stupid.
 
HDi fun said:
IF the Korean car was not travelling at grossly excessive speed then I think it's fully down to the Transit driver. You cannot automatically blame the driver who was slightly above the speed limit, despite how the politically correct bunch seem to think they can.
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at a guess he was traveling between 30-40mph so not excessive but a little to quick. plus he obviously wasnt paying much attention otherwise he would have seen the transit

geraint13 said:
50/50 imo, transit not visable, korean going too fast.
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this is what im thinking! but how would this work with the insurance??
 
Prince said:
Assuming it was dark enough to warrant lights then the Transit driver is to blame. Driving in the dark with no lights is just plain stupid.
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it was 06:50 this morning so dark enough to have the lights on. but light enough for me to clearly see what happened:confused:
 
If it was dark enough for lighting to be required then the Transit driver is likely to foot most of the blame to be honest. Without a police forensic RTC investigation no-one is going to be able to prove the Korean's speed with any degree of reliability.

Seeing something happen as a stationary observer despite the low light levels, as in Herb's situation, is different to driving in low light situations.

I'd place my stake on the driver of the Korean car making a full recovery:- 30-40mph in a 30 limit is unlikely to be considered 'grossly excessive speed'.

Even with a full Police investigation it's unlikely that they'd be able to confirm his speed accurately enough to apportion any liability to the Korean driver.

You could, of course, approach the Police and offer a statement if you think this would help things to be sorted out correctly.
 
The Transit is clearly to blame! you have got to ask yourself this! someone driving down the road late at night with only the glow of their stereo going ( and you know that is on! ) and absolutely nothing else and still the penny does not drop! :amazed:

I say, "book him Danno murder one!" :)
 
Basic driving rule: Drive at such a speed so that you can stop within the distance you can see. The Korean car driver, even with his lights on, assuming he was alert and not half asleep, was going too fast for conditions and forward visibility. Could have been a fallen tree instead of another car.

Highway Code 131:
Use sideligths between sunset and sunrise.
Use headlights at night (between 1/2 hour after sunset and 1/2 hour before sunrise) on all roads without street lighting and on all roads where the street lights are more than 185m apart or are not lit.

If the Transit driver wasn't complying with the above he could be held partly responsible. Interesting one for the insurance companies to sort out.

It usually takes two mistakes for a crash to occur (there are rare exceptions, HD). The idiot and the other guy not paying enough attention to the idiot :) If you assume that every one out there hasn't got a clue (not far from the truth) and is out to get you then you will have very few crashes.
 
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old-git said:
Basic driving rule: Drive at such a speed so that you can stop within the distance you can see. The Korean car driver, even with his lights on, assuming he was alert and not half asleep, was going too fast for conditions and forward visibility. Could have been a fallen tree instead of another car.

Highway Code 131:
Use sideligths between sunset and sunrise.
Use headlights at night (between 1/2 hour after sunset and 1/2 hour before sunrise) on all roads without street lighting and on all roads where the street lights are more than 185m apart or are not lit.

If the Transit driver wasn't complying with the above he could be held partly responsible. Interesting one for the insurance companies to sort out.

It usually takes two mistakes for a crash to occur (there are rare exceptions, HD). The idiot and the other guy not paying enough attention to the idiot :) If you assume that every one out there hasn't got a clue (not far from the truth) and is out to get you then you will have very few crashes.
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Agree totally.
Assume every other road user is a muppet. It's worked for me years.
 
Wayne may correct me here, but as far as the insurance will see it, will be that the one who crashed into the car from behind (in this case the korian thing) will be to blame. Just like, if you pull out infront of someone, and they crash into you, you are to blame.
 
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