Call FREE from a Landline or Mobile on 0800 634 75 75

Pulling out of a side road – case law

There are lots and lots of things to consider in a case involving a vehicle pulling out of a side road and therefore I will only be able to provide a few ideas of the sort of situations that crop up regularly.

First of all, The Highway Code: What does this say about emerging from a side/minor road onto a main road?

  • Wait until there is a safe gap between you and any oncoming vehicle.
  • Watch out for cyclists, motorcyclists, pedestrians and other road users.
  • Check mirrors and blind spot again to ensure you are not being overtaken and then make the turn.
  • Do not cut the corner

The risks in these accidents involving emerging vehicles are usually caused because drivers do not look properly or fail to judge speed and distances properly. The onus of the responsibility is on the driver which is pulling out of the side road.

This has been shown in many cases. Even though there may be some contributing factor by the driver on the main road, the driver pulling out usually bears the most liability.

Vehicles Overtaking

This is an extremely common type of accident. Vehicle A is waiting to pull out of a side road and Vehicle B, on the main road, stops to allow them to do so. However, Vehicle C is overtaking Vehicle B on the main road and therefore collides with Vehicle A who has pulled out of the side road.

Now many would think that this is an equally blameworthy accident between Vehicle A and C. The Vehicle A should not have pulled out when unsafe to do so and Vehicle C should not have been overtaking at a junction.

This was the case in Worsfield v Howe. It was found that the overtaking vehicle was travelling too fast and the emerging vehicle could not see past the tanker that had allowed it to pull out. However most of these types of cases have not been settled this way.

In the case of Harding v Hinchcliffe the vehicle emerging from the side road was held fully liable for the accident. A bus was turning left into the side road in which the defendant was waiting to pull out of. In the process of the bus making the left turn, the defendant pulled out to turn right and collided with a vehicle overtaking the turning bus.

Speeding Vehicles

In this sort of circumstance where there is evidence of the vehicle on the main road speeding, then there is an average contributory negligence of between 20% to 25%. This means that they were partly responsible for the accident.

In the case of Hamied v Estwick, where the driver on the main road was travelling around 35-40mph on a 30mph road, when the defendant pulled out of a side road to turn right and collided with the driver on the main road. It was held that as the driver on the main road was fast, he did not give himself the opportunity to take evasive action in respect of the accident and the driver on the main road was held 20% responsible for the accident. The emerging driver carried 80% of the blame.

There are many many cases which can be named in order to discuss this topic and most of them vary in circumstances and have different outcomes.

However, the common theme is that they emerging driver “usually” bears most of the liability for an accident of this kind.

So if you have been injured as a passenger, driver, motorcyclist, cyclist or pedestrian because of an accident such as this, please give The Injury Lawyers claims line a call. We are here to advise you on your specific circumstances.

Our claims line number is: [insert_php] echo($_SESSION[‘tel’]); [/insert_php] and speak to one of our expert team.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

Request A Call Back

Fill Out Your Details

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

NHS Email Leak
Search Our Blog
Free Instant Valuation
Compensation Calculator
Instantly Values Your Claim

Instantly value your claim for a head injury!

  Minor    Moderate    Severe

Instantly value your claim for a neck injury!

  Minor    Moderate    Severe

Instantly value your claim for a shoulder injury!

  Minor    Moderate    Severe

Instantly value your claim for an elbow injury!

  Minor    Moderate    Severe

Instantly value your claim for an arm injury!

  Minor    Moderate    Severe

Instantly value your claim for a hand injury!

  Minor    Moderate    Severe

Instantly value your claim for a torso injury!

  Minor    Moderate    Severe

Instantly value your claim for a mid-section injury!

  Minor    Moderate    Severe

Instantly value your claim for a back injury!

  Minor    Moderate    Severe

Instantly value your claim for a leg injury!

  Minor    Moderate    Severe

Instantly value your claim for a knee injury!

  Minor    Moderate    Severe

Instantly value your claim for an ankle/foot injury!

  Minor    Moderate    Severe

Find out how much your injury claim is worth!

Click on the injured body part to get your INSTANT FREE personal injury compensation valuation texted to your phone within seconds...

  Yes    No   Yes    No   Yes    No

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

Latest Blog Posts

Doctors missed sepsis: what can you do?

Doctors missed sepsis: what can you do?

In a case where doctors missed sepsis signs and symptoms, the impact for the victim can be absolutely devastating, and the complications can be permanent. That’s why our ...

Published on the 19/06/2019


Doctors missed cancer symptoms: advice

Doctors missed cancer symptoms: advice

Cases where doctors missed cancer symptoms can lead to severe and lifelong complications and can of course be life-threatening. Having the right legal support in place can be important. We know it...

Published on the 11/06/2019


Hernia mesh side-effects compensation advice

Hernia mesh side-effects compensation advice

In some instances, you may be eligible to make a claim for personal injury compensation if you’re patient who has suffered with hernia mesh side-effects. Whether you can claim or not usually come...

Published on the 05/06/2019


Key advice about TVT surgery compensation claims

Key advice about TVT surgery compensation claims

We’re fighting for justice for a number of women who have placed their TVT surgery compensation claims with us, and we’re helping them claim on a ...

Published on the 28/05/2019


NHS cancer screening programmes under heavy criticism

NHS cancer screening programmes under heavy criticism

NHS cancer screening programmes in the UK have come in for some heavy criticism after MP reviews deem systems as “unfit for purpose”. It’s understood that there are some 360 different IT syst...

Published on the 21/05/2019


Compensation for cancer treatment too late

Compensation for cancer treatment too late

You may be able to make a medical negligence compensation claim if...

Published on the 14/05/2019


NHS delay compensation claims set to increase?

NHS delay compensation claims set to increase?

We may be seeing increased numbers of NHS delay compensation claims as figures released by the National Audit Office paint a worrying picture. A lot of the ...

Published on the 09/05/2019


Free advice from our hernia mesh lawyers today

Free advice from our hernia mesh lawyers today

We can offer you free, no-obligation advice about your options for making a claim with our hernia mesh lawyers and legal team today. We’re already acting for a number of Claimants and we’re pur...

Published on the 30/04/2019


Don’t leave it too late to start your hernia mesh lawsuit

Don’t leave it too late to start your hernia mesh lawsuit

Whatever you do, make sure that you don’t leave it too late to get star...

Published on the 23/04/2019


Almost £600m in Xarelto compensation settlements

Almost £600m in Xarelto compensation settlements

Xarelto compensation settlements have been agreed in the sum of $775m (which is almost £600m) for some 25,000 cases being pursued in the U.S. The Injury Lawyers have been fighting for justice for ...

Published on the 16/04/2019


Categories
Archives