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Who is liable for this crash?

Question: I was sitting at a T-junction in my car behind another stationary vehicle.

He attempted to pull out of the junction turning right into a queue of traffic. A tanker approaching from the right meant he had to reverse to avoid blocking the clear lane, by doing so he reversed into the front of my car. I had moved forward from my original position behind him but I was stationary at the time. Who is legally at fault?

Answer: Although you had moved forward behind the vehicle, as long as you were stationary, and with the handbrake on, the other driver is liable. The difficulty comes in proving that you were stationary when the accident happened.

This is where witnesses to the accident become invaluable.

The Department for Transport (DfT) says almost 10% of drivers and front-seat passengers do not wear seatbelts. About 40% of adults sitting in the backseat do not use seatbelts. The DfT estimates about 10 front-seat passengers and drivers are killed every year by back-seat passengers who are not wearing belts hitting them in a crash.
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Copyright 2004 Gale, Cengage Learning. All rights reserved.

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Title Annotation:Motors News
Publication:Evening Chronicle (Newcastle, England)
Date:Jan 16, 2004
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