Who is usually at fault?
In a side-impact collision, the driver who failed to give way is usually at fault. At a junction, that is the driver who pulled out into the path of a vehicle on the main road. At a roundabout, it is the driver who entered without giving way to traffic already on it. During a lane change, it is the driver who moved without checking the target lane was clear.
The physical damage often helps establish what happened: the position and angle of the impact on each vehicle tends to reflect the direction each driver was travelling.
When it isn’t that simple
Fault is not always clear-cut in side-impact cases:
- Both drivers claim to have had right of way, and there is no independent evidence
- Road markings or signage are absent, unclear or disputed
- The incident occurred during a lane change on a multi-lane road where both cars were moving
- One driver had a green light at a junction and the other disputes the signal state
Junctions, roundabouts and lane changes
At a junction
A driver emerging from a minor road or side street must give way to traffic on the main road. If they pull out and are struck by a vehicle that had right of way, fault ordinarily falls on them.
On a roundabout
Traffic already on a roundabout has priority over traffic entering it. A driver who enters without waiting for a clear gap is ordinarily at fault for any collision that results.
Changing lanes
A driver changing lanes must check the target lane is clear before moving into it. A collision caused by a lane change whether on a motorway, dual carriageway or multi-lane urban road, will generally be treated as the fault of the driver who moved.
What evidence helps
Fault in side-impact cases is frequently disputed, which makes evidence particularly important:
- Dash cam footage: dash cams and non-fault accidents
- Photographs of both vehicles and the road layout
- Witness contact details
- CCTV from nearby junctions or businesses
What to do next
If you were struck in a side-impact collision and the fault position supports a non-fault claim, call us. We will assess the situation and tell you whether we can take it on.
What to do after a car accident · Non-fault accident: what to do and who pays.