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Disputed liability on a roundabout accident

road traffic accident claims

Roundabouts are natural hotspots for accidents. Even the most confident of drivers can struggle with staying in the correct lane on a roundabout they’re not familiar with, and drivers also have a tendency to join a roundabout without correctly checking for oncoming traffic.

The major problem with roundabout accidents is that, on occasions, it can be difficult to tell exactly who is at fault. If someone goes in to the back of you on the entrance to a roundabout, or someone pulls out on you whilst you were already on the roundabout, the other driver should be at fault. But what about if the other diver changes lanes on a multi-lane roundabout and hits your vehicle? Or what if you go in to the back of someone because they sharply pull across you and cut you up?

In these circumstances, you may need to rely upon any of the following to prove your case:

  • An honest Defendant driver who hold their hands up and accepts they were fully liable
  • Witness information from passersby – this could be very, very crucial
  • CCTV of any cameras that cover the area
  • Engineers / mechanics report of the damage to vehicles (although this isn’t always 100% accurate in all cases

Essentially, if the other driver decides to dispute the circumstances of the accident, you could be in for a battle.

It could be a situation where its one word against another. If you’re reading this and you know that deep down you’re the honest one and the other driver is fraudulently disputing the accident, I’m sorry to advise you that it’s all likely going to come down to evidence!

The duty to prove a claim is on the Claimant – so if you allege someone else was at fault for an accident, you need to prove they were at fault. If the other driver accepts responsibility, you don’t have a problem. But if they dispute it, which is very common nowadays, you need to prove you were in the right.

In the absence of any of the above, this could be difficult to prove. You could face court action and a Judge may award in whichever party’s favour they feel are more credible. Or, if it can’t be decided but court is avoided, you may end up having to accept a 50/50 scenario.

It’s hardly fair if you really are telling the truth – but as I said earlier, it’s all about the burden of proof being on you.

Here are some examples of common roundabout accidents and the common issues that arise:

Changing lanes on a roundabout

Obviously the person who negligently changes lanes is normally at fault, but the other driver could allege that you changed in to their lane. If they cut you up and change lanes and you go in to the back of them, on the face value of it, it’s a rear end shunt case. As such the person that goes in to the back of a driver is normally seen to be at fault. So they could allege that you simply failed to stop and hit them in the back.

Pulling out in front of you

Again, the same thing could happen above – if the other driver is able to pull out quick enough, you could end up smashing in to the back of their car. On the face value of it, if they were to basically lie, they could allege that you simply went in to the back of them.

Cutting across an exit

Almost in the same way as the above, if someone was to cut across an exit and in to your lane when they should have come off of the roundabout, you could also end up hitting them in the back. As with the previous examples, if the Defendant intends to deceive the insurers, they could try and suggest you failed to stop and hit them in the back.

These are just three examples where the Defendant could try and dispute liability. Another one could be after the accident has occurred. Damage areas to vehicles could be anywhere when it comes to roundabout collisions, so what if you move off the roundabout to safety and the Defendant at that point tries to allege an entirely different set of circumstances? Again, without evidence on your side, you could find yourself in hot water.

If you have been involved in a roundabout accident and you need our help to fight for your right to receive the compensation you deserve, give us a call on 0800 634 7575 – its free from a landline or mobile.

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