Whose fault? Bus lane driver under-taking.

[Anjistar]

Had a little scrape and would appreciate some advice.

 

Approaching a (green) traffic light, in the middle of three lanes, nearside lane being a bus lane until just before the lights. Rush hour, so lots of traffic.

 

Indicated to turn left (after the lights) on approaching the end of the bus lane, and, not having passed a bus, taxi or bike for a few hundred yards, begin to pull over when the bus lane ended.

 

At which point, chap behind must have pulled out of the middle lane, as he steamed up beside me on my left, and my nearside bumper took a strip of paint off his rear driver's side door, no dents. I stopped and pulled in completely, just before the lights. He was going fast enough to be through the lights, which include a pedestrian crossing, before stopping.

 

The cars touched just where I began to pull out, which was where the road markings indicated that the bus lane ended. To be where he was, the other driver must have been in the bus lane to start with, and caught me as it ended.

 

Is it likely to be my fault?

 

All advice gratefully received!

[BankFodder]

I'm not sure that I fully understand, but it does seem to me from what you say that the person on your left was undertaking and was also travelling quite fast – probably too fast for the conditions. If this is correct, then he would have to be at fault.

 

Make sure you do a complete statement of everything that happened and diagrams. Do it now. Include the details of any conversation which happened and the identities of any witnesses.

[Anjistar]

Thankyou, BankFodder, will certainly do the diagrams now, before I forget the details!

[unclebulgaria67]

I suspect a 50/50 will be the outcome for this. Unless you have definate proof of the other driver short cutting the bus lane and not driving in a manner to allow for the road conditions ahead. So make sure your diagrams are good and perhaps get a few photos of the road layout. If you don't make a persuasive case, your Insurers won't make much of an argument on your behalf that the third party driver was at 100% fault for the accident.

 

It is a shame that there appears to be no independment witnesses or CCTV/traffic camera evidence. If these were helpful to you, then you have a chance of proving the other driver at fault. Without these the chances are that a 50/50 would be the outcome.

[Surfer01]

Surely there would be CCTV footage of this incident?

[unclebulgaria67]

Surely there would be CCTV footage of this incident?

 

It is worth checking whether there were any working cameras at the location of the accident and whether any recordings have been kept.

 

Since the cuts started, many of the cameras have been turned off, as local authorities have cut funding. I thought that the cameras were self funding from fines, but apparently local authorities provided funds to the camera operators and many have withdrawn these funds. Time to get the Ferrari out (I wish !)

[Anjistar]

Many thanks for all the really helpful replies.

 

I don't know whether the driver - who is not the car owner - is going to try to claim or not, but I've managed to get hold of my insurers, and they seem to think I may be in the right.

 

I wasn't going to claim anyway, as the damage to my car is merely a small scrape on top of another old one. But at least I've told them my side, and I have the diagram and account if I need it.

 

Good suggestion re CCTV - I'll have a look and see if there was any, but I'm not that hopeful - cutbacks, as you mentioned. Have you noticed how half the motorway lighting is now turned off?

 

Regards,

[stugib]

Indicated to turn left (after the lights) on approaching the end of the bus lane, and, not having passed a bus, taxi or bike for a few hundred yards, begin to pull over when the bus lane ended.

Did you look in your passenger wing mirror before moving across?

 

i.e. did he pull into the bus lane earlier and you just didn't look because you assumed nothing would be there, or did you look and it was clear but he made a sudden move to undertake at the same time?

[Surfer01]

You need to be careful here as you could be prosecuted for "driving without due care and attention" even though the other party is in the wrong. Obviously the other party will get done also.

[Anjistar]

I did check my mirror - I was taught a while ago and even still indicate if no-one is behind me. I notice when my kids were taught that they don't do that any more, but to me it's just automatic to do the old check list, M-S-M, and in cities especially, the wing mirror for bikes, as I am a cyclist too.

The TP was going fast, as my husband reminded me he had to reverse back towards the lights to get out of the junction.

I assumed he'd shot out from behind me as we approached the junction, and given where the scrape occurred, he must have been in the bus lane before it ended. I wasn't moving very fast as the lights had been green for a while and I thought they might change any second.

 

Thanks for all the input, it's been really helpful.