Car Accident - Who is liable?
I have a question to pose that I would like opinions on. Basically, this morning I was travelling to work and rounded a corner and 200 metres up the road was a car with a boat in the middle of the road, I was unsure if it was stopped or turning right but it was in the centre of a single lane road. So as I approached, I slowed slightly and assessed the situation and judged he must be turning right. So I went up the inside and instead of turning right or staying put he hooked a left when I comitted into the passing, and we colided and damaged his car, and my car and scratched the boat. If this was the end of the story, I would be liable for sure, because he was turning.
His trailer lights were not functioning at all. I told him that as soon as i got out of the car, he checked them, and he said to me "I checked my lights and they're not working, I'm sorry.. I thought they were". So he was driving a trailor that had faulty tail lights with no brake lights or indicators. He also said that he saw me coming and thought he had enough time to turn.
It would have been a easy 10 seconds before I saw him at a full stop (I assume he had stopped, no brake lights) and before I hit the brakes cos he turned.
He admitted to the insurance agency that his lights were not working and I rang the police info line, and they said if they had seen it, he wouldn't have been booked for the faulty lights.
So who is at fault? Me because I went around him, or him for having a unroadworthy trailor which precursored the event? I definately wouldn't have gone on the inside if he had indicatored.
Thanks for your opinions.