Hit by a driver emerging from a driveway: can you claim?

First published by Admin on July 05, 2017 in the following categories: Compensation and tagged with injury claims

There are genuine incidents where it can be hard for drivers to see whether there are any dangers ahead in the road. There are driveways on busy roads that are masked by hedges or walls where the field of view for the driver is severely restricted.

This is why motorcyclists being hit by a driver emerging from a driveway is a common type of accident.

So is there ever a genuine defence for the driver if this happens? What if they really can’t see the road ahead?

Look, bikers’ have to be more wary of dangers because of the inherent risk of someone else making an error. This doesn’t mean the legal responsibility now falls on the rider, but it’s worth any riders’ time to do what they can to keep themselves safe from the negligence of others. It’s a shame that riders have to be more wary of other people making mistakes, but that’s the way it is when there are so many bad drivers out there!

Legally speaking though, the driver emerging from the driveway has to give way to vehicles already established on the highway. If a rider is established on the highway, the rider has the right of way; therefore the driver should give way, and if they do emerge and cause a crash, the driver is likely at fault.

So is there ever an excuse? What if the field of vision is so badly restricted that a driver really can’t see?

Legally speaking, it shouldn’t matter. There are many things a driver can do to make sure they can emerge on to the highways safely and without causing an accident, such as:

• Creeping at even less than 1mph
• Asking for help from someone to guide them out
• Cut the hedge – if it’s on your properly and it’s blocking your view, choose safety over vanity. You might save a rider’s life!
• Install a curved mirror to be able to clearly see the highway.

Or sensibly employ a combination of ALL the above.

What about speeding?

Bikers shouldn’t be speeding in excess of the speed limit in place. If a biker is speeding and this contributes to an accident like this, there may potentially be some liability attached to the rider. It can depend on the extent of which the speed of the rider really contributed to the accident, and it’s important to note that speeding itself does not always amount to negligence in an accident.

But it could have an impact on a case, and may result in contributory negligence where a rider is found to be partially to blame for the accident. However, speeding can be very difficult to prove as well.

The law remains clear – the driver should give way

Either way, a driver emerging from a driveway should give way to any established vehicle on the highway. There are options to ensure the safety of any road users, and they always need to be utilised.

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