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[Markjay]

A colleague at work was involved in a crash. The way he described it, he was rolling slowly through a junction in town when the traffic stopped, so he was standing in the middle of the junction among other stationary cars (no yellow box). A woman came from his right and crashed into his car, pushing it against other cars and damaging two wings. The car is drivable, but he thinks it will be a write-off (S-reg 5-series BMW).

The lady driver was all apologetic saying she was coming to the junction too fast and couldn’t stop. The guy took the details from other drivers who said they will testify that he was at standstill.

Now I know that the driver’s ‘admission’ does not amount to much, the insurance company will go by the facts. A driver may think it was his/her fault, but that isn’t always what the law says...

So the question is where does he stand legally? The lady driver had the right of way, but he was stationary and can prove it. Whose fault is it?

[Dazzler]

If he can prove he was stationary and its not a blind junction then it will be her fault for not driving at the correct speed for the road situation, and with no care or attention. Should have got her to put her admition of guilt on paper and sign it.

[hotel21]

Its late, now heading for bed.  Will re-read further in the morning to ensure I have not misread ....

Basic idea regarding junctions is that all should be treated as yellow box junctions, whether marked that way or not.

Simply put, only enter the box if your exit is clear and your progress through towards exit is prevented by oncoming traffic.

Otherwise, you are simply a sitting target......  

[Markjay]

Its late, now heading for bed.  Will re-read further in the morning to ensure I have not misread ....

Basic idea regarding junctions is that all should be treated as yellow box junctions, whether marked that way or not.

Simply put, only enter the box if your exit is clear and your progress through towards exit is prevented by oncoming traffic.

Otherwise, you are simply a sitting target......  

Thanks hotel21, will be looking forward to your in-depth analyses tomorrow morning...  

[Ken T]

I thought a green light meant "proceed if the way is clear", in other words, the lights may be green but if somethings in the way then tough, you can't proceed. However if She was driving a Chelsea Tractor, then she automatically has right of way!.
  

[Markjay]

I thought a green light meant "proceed if the way is clear", in other words, the lights may be green but if somethings in the way then tough, you can't proceed. However if She was driving a Chelsea Tractor, then she automatically has right of way!.
  

A driving instructor told me once that right-of-way is something you give, but never take...

[hotel21]

MJ - more info is required, please, as to type and description of junction etc.  

[theolodian]

I thought a green light meant "proceed if the way is clear", in other words, the lights may be green but if somethings in the way then tough, you can't proceed. However if She was driving a Chelsea Tractor, then she automatically has right of way!.
  

A driving instructor told me once that right-of-way is something you give, but never take...

That's what the books says, no such thing as having the right of way.

[Markjay]

MJ - more info is required, please, as to type and description of junction etc.  

Thanks hotel21, that's all I have for now but I will find out more and post.

[Markjay]

Picking up an old thread... the guy told me that after reporting the incident to his insurers, they advised him to claim off them as they would not claim against the other party. In short, they say it was his fault. So hotel21 was right (I would be surprised if he wasn't...  )

[Auto Addict]

Its late, now heading for bed.  Will re-read further in the morning to ensure I have not misread ....

Basic idea regarding junctions is that all should be treated as yellow box junctions, whether marked that way or not.

Simply put, only enter the box if your exit is clear and your progress through towards exit is prevented by oncoming traffic.

Otherwise, you are simply a sitting target......  

Spot on.