Who is Responsible for an Accident at a Junction?

Department for Transport (DfT) statistics show that roughly three quarters of cycling accidents take place at or around road junctions, a staggeringly high figure that indicates the particular hazards that junctions pose for cyclists. Most commonly, motorists fail to see cyclists at junctions prior to a collision, potentially because the driver’s view of the road is obstructed by another vehicle prior to pulling out, or because the motorist simply fails to pay due care and attention before doing so. In other cases the driver may notice the cyclist but misjudge the latter’s speed and distance from the junction, leading them to believe they have sufficient time to pull out safely.

In what are often far more serious accidents, a motorist may fail to notice a cyclist indicating to turn off at a junction and consequently crash into the back of them, hurling the cyclist over their handlebars onto the road and potentially into the path of oncoming vehicles. While every cycling accident at a junction will have different contributing factors, the motorist involved will usually be either wholly or mainly liable, although their negligent driving will still need to be established for a claim against them to succeed.

Research indicates that roughly half of all accidents involving motorcyclists and other road users occur at junctions, mostly due to car drivers failing to check the road properly before pulling out, or else underestimating the speed of approaching motorcycles.

Accidents are often the result of collisions when motorists pull out at junctions and turn across stationary or slow-moving traffic, without noticing motorcycles filtering past alongside. In many such cases a motorcyclist will be partially to blame for an accident, if they are using excessive speed or manoeuvring dangerously.

Accidents at junctions involving pedestrians may be wholly or partly the fault of the motorist, or sometimes entirely the pedestrian’s fault. Motorists are often distracted at junctions by other vehicles, signs, and traffic lights and crossing signals, meaning they may not see pedestrians stepping out into the road or crossing as the lights or signals are changing. Alternatively, a motorist may speed up when approaching a junction to get through in time or may attempt to run a red light. They may also turn at a junction without checking the state of the road they are turning into. Driving recklessly without due care and attention in this manner would leave the driver wholly liable if it resulted in an accident and an injury to a pedestrian.

A pedestrian can be at fault for an accident at a junction if they fail to check the road properly before crossing and fail to notice oncoming vehicles, or if they cross the road when lights or signals are red or changing. Even if an accident at a junction is partly a pedestrian’s fault, they should still be able to claim injury compensation from a motorist under the principle of split liability. The law expects both pedestrians and motorists to pay reasonable care and attention to road conditions at junctions, and apportioning precise blame for an accident can be complicated. Witnesses to accidents can often assist in determining the circumstances of an accident, and hence the relative responsibility of the parties involved.

Apportioning responsibility and hence legal liability for an accident at a junction can be a difficult process due to what are often differing perceptions of the behaviour of those involved in the lead up to the accident. Even in cases where a motorist acknowledges their responsibility for a collision in the immediate aftermath of an accident, they may later provide a different version of events. Most junctions on UK roads are not covered by CCTV, meaning that such evidence will not be available to verify one version or another. Witness statements can help in this regard, but again may prove contradictory or be challenged by the opposing party as simply inaccurate.

Complexities of this kind help to explain why liability for an accident at a junction will often be split between the parties involved. In such cases, the expertise and experience of the solicitor engaged by one party or the other can be crucial in settling a claim satisfactorily. If you have been involved in an accident at a junction contact our specialist road traffic accident solicitors today for legal advice that you can rely on.