My wife collided with a car that had left his indicator on. Whose to blame?

Question

She was emerging from a junction, with the car approaching from the right, indicating to turn to his left. My wife thus came out, assuming he was entering the junction where my wife was. He went straight on, and she collided into his side. She then pointed out that his indicator was STILL on. She has two witnesses. What do the public think will be thel ikely outcome?

Answer 1

My cousin left his on once, (last year) and in similar circumstances to your wives the other driver pulled out. they both pleaded their innocence. And the insurance companies settled on a 50/50 claim. Good luck.

Answer 2

Are you in the UK? This happened to me but I had no witnesses, police came and said that if I could prove the other car was indicating, this would have been a misleading signal which is illegal. I would therefore say, if your wife has witnesses she would have a fairly good case. I don't think the argument about the indicator possibly not going back to the neutral position is good - the driver is still responsible for the signals being given. As others have said though, I now wait til the other person is turning before I pull out from a junction.

Answer 3

Well, you are an adult , and a guy. If you see a car approaching and he's signalling to turn left, would YOU ever believe his indicator? I'm a motorcyclist and I never believe any indicator. I'd wait till the car actually started to turn before pulling out.

In your wife's case, i guess if the witnesses are reliable, she will have a strong case. Especially if the indicator was STILL on. I think the driver of the other car will be charged.

I bet you end up losing your no claims bonus over this, though. In an accident NOBODY wins. In your position, you need to make sure that your wife feels she is in the right- which she was- and that she is OK. You need to support HER, and "getting" the other driver is a secondary concern.

At the end of the day it's only a car. She's OK, and that's what matters. Sometimes you have to let go. Don't get obsessed with this issue. But I hope the other driver gets charged.

Answer 4

Unfortunately, your wife is to blame. Certainly from an insurance point of view. The fact that an indicator is on, does not mean the driver intends to turn - it may be faulty and the driver could be unaware that it is even on. As far as prosecution goes, if anyone was injured then a charge of careless driving could be made.

Please, however, reassure your wife that this is a mistake we all make and she should not beat herself up about it. I am very careful to ensure that a car is slowing down and actually turning before I emerge from a junction - but that is only from experience (as I'm sure your wife will be in the future.)

At the end of the day, accidents happen. C'est La Vie. Best of luck.

Answer 5

I remember questioning my driving instructor on that point a loooonnngggg time ago. From what I can remember your wife will probably be blamed. This is because she should wait for the car to slow down and start turning before she pulls out. It is not the other drivers fault as the indicator switch may not have returned to it's original position after the last turn.

Answer 6

I understand exactly what you mean from your perfect description, and i am sorry to say that your wife will be found at fault for this. Of course the fact is she fully believed that the car was turning so it safe to move out.
I am sorry to say the direction indicators of the other vehicle will have little or no effect on the outcome.

Take from this that she came home with some twisted metal and not hopefully a twisted unrepairable body. Just understand she will be a better driver now, and she will have gained experience from it .

Answer 7

Firstly, I hope that your wife is OK as car accidents are quite traumatic. Secondly, I think you will find that they are both to blame. The other driver should not have left his indicator on but your wife should not have come out of the turning unless she actually saw the wheels turn. There is a technical term for this but I can't remember it, however, it basically means that both will be seen as at fault.

Answer 8

The only thing the indicator proves ,is that the bulbs work !! You always have to wait till you see the person starting to turn the corner .I am afraid that it is a case of your wife pulling in front .I hope that everything goes OK ,but it is a lesson that you can never trust anyone else on the road, and you have to drive defensively for your own safety .Good luck x

Answer 9

She is to blame I'm afraid, Indicators are not infallible therefore you should only use them as a guide, not as gospel. If your indicator is on but your still on that road, then until he has physically started turning into another road that was still his road that your wife entered. Therefore she would be responsible.

It's the equivilent of a person talking about leaving a job. If the employer takes on a new member of staff and the employee decides not to leave, the employer cannot force either employee to leave as a result.

Answer 10

Unfortunately, she will mostly likely be found at fault. Never believe an indicator...I always wait until the car starts to turn before I pull out. Like someone else said here, they could be signalling for a turn right after the intersection.
Just thank God she's ok, that could have turned out soo badly.

Answer 11

The main fault will be your wife's. When waiting to emerge from a side road you should always wait until it safe, even when a car has a signal on.....never trust the signal until the car has started to make the turn. As driving instructor and see this situation happening so many times, I would advise always wait until you are sure it is safe. Many drivers do not use signals correctly and do not understand the implications of using them incorrectly.