Whose Fault... (poll)

Discussion on Advanced and Defensive Driving.

How do you apportion fault in the Audi v Camera-Car debate?

100% Audi driver's fault
14
37%
80-90% Audi driver's fault
16
42%
50-80% Audi driver's fault
5
13%
50 - 50 Equal fault
3
8%
less than 50% Audi driver's fault
0
No votes
00 - 00 No-one's fault - it's a driving incident :)
0
No votes
 
Total votes : 38

Postby MGF » Sat Jan 14, 2012 7:23 pm


I think it's time for some polling on this. Hopefully there is an option for everyone.
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Postby zadocbrown » Sun Jan 15, 2012 11:23 pm


I went for 100% on the assumption that we are talking about fault in the legal sense (it was an insurance claim we were originally discussing). If it were a discussion relating to good driving practices I would have gone one or two levels lower.
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Postby ROG » Mon Jan 16, 2012 11:22 am


zadocbrown wrote:I went for 100% on the assumption that we are talking about fault in the legal sense

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Postby MGF » Mon Jan 16, 2012 11:45 am


Legal test is; did he negotiate the junction as a reasonably careful and prudent driver would?

The way insurance claims are settled is not the same as legal fault. :)
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Postby IVORTHE DRIVER » Mon Jan 16, 2012 12:58 pm


I opted for 80/90% as I feel that Mr camera car contributed to the accident by being too close and not taking the care required at a junction, but the Audi has made the biggest error so he gets most of the blame.

That is also what I would expect my insurance company to say.

I found it amusing to note the speed with which the Audi reversed out of the way, not going to make any difference pal, nobody's going to believe you never left the side road :D
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Postby Mr Cholmondeley-Warner » Mon Jan 16, 2012 2:51 pm


100% in my case. The thing that struck me was the speed of the Audi approaching the junction and the lack of any attempt to give way. If you concentrate on the Audi as the camera car approaches, you'll see it drive straight out of the junction in one smooth movement. It was premeditated. I assume (although it's very difficult to see in the video) that the Audi driver saw the silver car indicating left, and decided to try and synchronise his emergence with the silver car turning in (and failed).
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Postby zadocbrown » Mon Jan 16, 2012 5:10 pm


MGF wrote:Legal test is; did he negotiate the junction as a reasonably careful and prudent driver would?


I think so. Or rather, I think there is insufficient evidence that he didn't.
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Postby apple tango » Tue Jan 17, 2012 10:08 am


I think in terms of law the Audi is 100% at fault - failure to comply with a road sign.

In terms of insurance and the nuances of liability it could be slightly less.
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