INSIGHTS
Roundabouts are a common feature on our roads and are designed to reduce accidents and improve traffic flow. However, as with any traffic system, they are not without their risks The answer to who is at fault is never easy and more often than not these cases do seem to go round and round and round. In this article we take a look at the laws governing roundabouts, and liability in roundabout accidents.
Roundabouts in the UK are governed by the Highway Code which provides essential guidelines for drivers. The key rules for roundabouts are:
Rule 184
On approaching a roundabout take notice and act on all the information available to you, including traffic signs, traffic lights and lane markings which direct you into the correct lane. You should:
- Use Mirrors – Signal – Manoeuvre at all stages
- Decide as early as possible which exit you need to take
- Give an appropriate signal. Time your signals so as not to confuse other road users
- Get into the correct lane
- Adjust your speed and position to fit in with traffic conditions
- Be aware of the speed and position of all the road users around you.
Rule 185
When reaching the roundabout, you should:
- Give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights
- Check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining
- Watch out for all other road users already on the roundabout; be aware they may not be signalling correctly or at all
- Look forward before moving off to make sure traffic in front has moved off
Rule 186
Signals and position. When taking the first exit to the left, unless signs or markings indicate otherwise:
- Signal left and approach in the left-hand lane
- Keep to the left on the roundabout and continue signalling left to leave.
When taking an exit to the right or going full circle, unless signs or markings indicate otherwise:
- Signal right and approach in the right-hand lane
- Keep to the right on the roundabout until you need to change lanes to exit the roundabout
- Signal left after you have passed the exit before the one you want.
When taking any intermediate exit, unless signs or markings indicate otherwise:
- Select the appropriate lane on approach to the roundabout
- You should not normally need to signal on approach
- Stay in this lane until you need to alter course to exit the roundabout
- Signal left after you have passed the exit before the one you want.
When there are more than three lanes at the entrance to a roundabout, use the most appropriate lane on approach and through it.
You should give priority to cyclists on the roundabout. They will be travelling more slowly than motorised traffic. Give them plenty of room and do not attempt to overtake them within their lane. Allow them to move across your path as they travel around the roundabout.
Cyclists, horse riders and horse drawn vehicles may stay in the left-hand lane when they intend to continue across or around the roundabout and should signal right to show you they are not leaving the roundabout. Drivers should take extra care when entering a roundabout to ensure that they do not cut across cyclists, horse riders or horse drawn vehicles in the left-hand lane, who are continuing around the roundabout.
Rule 187
In all cases watch out for and give plenty of room to:
- Pedestrians who may be crossing the approach and exit roads
- Traffic crossing in front of you on the roundabout, especially vehicles intending to leave by the next exit
- Traffic which may be straddling lanes or positioned incorrectly
- Motorcyclists
- Long vehicles (including those towing trailers). These might have to take a different course or straddle lanes either approaching or on the roundabout because of their length. Watch out for their signals.
In many roundabout accident cases the issue of contributory negligence arises for example, if a driver failed to signal when leaving the roundabout, but the other driver was speeding or entering without giving way, both could be partially at fault.
Whilst there is no landmark Scottish decision solely focused on roundabout accidents, the two cases below discuss common areas of dispute.
In Grace v Tanner [2003] EWCA Civ 354, the English Court of Appeal found the drivers of each vehicle involved in the accident 50% liable for the collision. The circumstances were that T was travelling in the nearside lane, they missed their intended exit and proceeded to continue around the roundabout in the nearside lane. G was travelling around the roundabout in the offside lane. G attempted to exit the roundabout from the offside lane, across T’s line of travel in the nearside lane and collided with G. Whilst T had not been negligent in missing their exit, they had been negligent in failing to realise that there might be someone in the offside lane who wanted to take that exit and in the circumstances 50/50 was appropriate.
The decision in Grace v Tanner could have gone either way with either party being found solely responsible for the collision. With reference to the rules in the Highway Code, there are stateable arguments for both drivers. The finding of 50/50 liability for each driver left a degree of ambiguity when determining who was at fault for this kind of accident and it is surprising that there has not been a further case to test the strength of this decision.
In Conway v Spencer [2003] EWCA Civ 302, another case from the English Court of Appeal, C appealed against a decision at first instance where they were found 100% liable for a collision on a roundabout with S. The circumstances were that C was established on the roundabout and S entered the roundabout and collided with C. On appeal, the decision of the District Judge was overturned completely and S’s claim against C was dismissed.
The absolute dismissal of S’s claim goes to show that liability in roundabout accidents is not always clear cut and careful consideration has to be given to the road layout and of the position of vehicles on the roundabout in each individual case.
Get in touch
If you require any advice in relation to any of the topics discussed above then contact our Personal Injury Team.
About the authors
RELATED
CONTACT US
Call us for free on 0330 912 0294 or complete our online form below for legal advice or to arrange a call back.