Accident in MK. Advice Sought.....
Discussion
Yesterday my girlfriends 19 y/o brother was involved in an Accident in MK around midday.
The Junction he was sitting at USED to have traffic lights but in the councils wisdom they took the lights away and let the people get on with it.
He pulled up and stopped in the left hand lane and there was another car in the right hand lane. The car in the left hand lane pulled off and he pulled away just behind it. He pulled off straight into the side of another car. His car written off, slight damage to the other car.
A few things don't work though.
The driver of the other car claims to have come from the right. But, one, it wasn't seen coming from the right. Probably from the oppsite direction and pulled across.
two, The driver claims his wife hit her head on the Windscreen, but surely in a side impact she would have bashed the side window.
Three. My Girlfriend, her brother and mum, went to the crash site to take pictures a little later in the day, and the council came along and painted a temporary roundabout on the road, about 6 hours after the crash! After they finished, 3 crashes were narrowly missed in the space of 5 minutes!
First.
Are there any PHers who may have been in the area at that time, approx 11:50, and who may have seen the crash. In My Best MK Speak, the site is on Silbury Boulevard, at the crossroads with the road that goes from H5 to H6 past the Xscape Centre, through the Shopping centre. From H5 the road passes the Court Houses I believe.
If there is anyone who may have seen it, send me an e-mail and I can give you a few more details.
Anyway, I'm not looking for anyone to back up my GF's brother, but an Independant witness to the crash who can give an independant account.
Also, is there any comeback against the council?
They have been blatantly negligent in this case and having used that crossroads when it had traffic lights LAST WEEK, would hate to try it without.
Cheers
Stuart!
The Junction he was sitting at USED to have traffic lights but in the councils wisdom they took the lights away and let the people get on with it.
He pulled up and stopped in the left hand lane and there was another car in the right hand lane. The car in the left hand lane pulled off and he pulled away just behind it. He pulled off straight into the side of another car. His car written off, slight damage to the other car.
A few things don't work though.
The driver of the other car claims to have come from the right. But, one, it wasn't seen coming from the right. Probably from the oppsite direction and pulled across.
two, The driver claims his wife hit her head on the Windscreen, but surely in a side impact she would have bashed the side window.
Three. My Girlfriend, her brother and mum, went to the crash site to take pictures a little later in the day, and the council came along and painted a temporary roundabout on the road, about 6 hours after the crash! After they finished, 3 crashes were narrowly missed in the space of 5 minutes!
First.
Are there any PHers who may have been in the area at that time, approx 11:50, and who may have seen the crash. In My Best MK Speak, the site is on Silbury Boulevard, at the crossroads with the road that goes from H5 to H6 past the Xscape Centre, through the Shopping centre. From H5 the road passes the Court Houses I believe.
If there is anyone who may have seen it, send me an e-mail and I can give you a few more details.
Anyway, I'm not looking for anyone to back up my GF's brother, but an Independant witness to the crash who can give an independant account.
Also, is there any comeback against the council?
They have been blatantly negligent in this case and having used that crossroads when it had traffic lights LAST WEEK, would hate to try it without.
Cheers
Stuart!
Proving liability against the local authority is extremely difficult and costly (I know I have to do it regularly as part of my job).
The only time that a claim against the local authority is likely to be effective is where the fabric or construction of the road may have been contributory and the LA failed to maintain it to a satisfactory standard. In respect of road signs and furniture, there is case law where it has been held that it is not always the case that the LA have a duty to maintain lines, signs or furniture where it should be recognised that the primary liability rests with a driver to display reasonable care.
The only time that a claim against the local authority is likely to be effective is where the fabric or construction of the road may have been contributory and the LA failed to maintain it to a satisfactory standard. In respect of road signs and furniture, there is case law where it has been held that it is not always the case that the LA have a duty to maintain lines, signs or furniture where it should be recognised that the primary liability rests with a driver to display reasonable care.
In my opinion, from the information given in the posting, your driver pulled out without looking. I suggest the wording is careful when dealing with any official paperwork or he could leave himself open to a charge of 'driving without due care and attention'.
Obviously only he knows what really happened so don't get too upset with my post, today I am in a negative mode having screwed up my laptop keyboard at a probable cost of over 100 quid
.
Obviously only he knows what really happened so don't get too upset with my post, today I am in a negative mode having screwed up my laptop keyboard at a probable cost of over 100 quid
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