Who Is At Fault: Roundabout Collision
You were hit inside a roundabout and both sides think the other one was wrong.
A roundabout collision usually comes down to two questions: who had already entered the roundabout, and who was in the correct lane for the exit they were taking. The widely followed convention gives way to traffic already circulating, which is a strong starting point for fault.
That convention does not decide every case on its own, since lane discipline and signalling at the moment of impact matter just as much.
See who is at fault and who is at fault at a junction for the wider junction picture.
The typical facts in a roundabout collision
Roundabout crashes tend to follow a small number of patterns.
- A vehicle enters without giving way to traffic already circulating
- A driver changes lanes inside the roundabout without checking
- A vehicle exits from the wrong lane, cutting across another car
- Two vehicles both hesitate, then move at the same time
Lane and timing details usually explain what actually happened.
How is fault usually assessed?
The court starts from the give-way convention, then checks each driver’s lane position, speed and signalling against it. A driver who was already circulating correctly is generally in a stronger position than one entering or changing lanes carelessly.
Neither driver is assumed correct purely from their own account, which is why independent evidence carries real weight here.
What evidence decides a roundabout case?
- CCTV covering the roundabout, from traffic cameras or nearby buildings
- Dashcam footage from either vehicle
- The exact point and angle of impact on both vehicles
- Witness accounts, see witnesses and CCTV evidence
- The police report and sketch plan
Angle of impact often shows which vehicle was already turning and which one moved into its path.
Were you partly at fault?
If your own lane choice or signalling contributed to the crash, a court can reduce your compensation for that share rather than end the claim.[1] There is no fixed percentage for this.
See how contributory negligence works for the general rule.
What to do at the scene and after
- Check for injuries and move to safety if you can.
- Lodge a police report within 24 hours.[2]
- Photograph both vehicles’ final position and the angle of impact.
- Note which lane you were in and which exit you were taking.
- Ask nearby premises whether they have CCTV covering the roundabout.
Common questions
Who has right of way on a roundabout in Malaysia?
The widely followed convention gives way to traffic already circulating the roundabout, so a vehicle entering is generally expected to wait for a safe gap. This is a strong guide to fault, though the court still looks at each driver's actual conduct.
What if the other driver changed lanes inside the roundabout?
Changing lanes without signalling or checking inside a roundabout is a common cause of these crashes. Lane discipline and indicator use at the moment of impact often matter as much as who entered first.
Why do roundabout crashes get argued over so much?
Because both drivers are moving and turning at once, each side often genuinely believes the other was in the wrong lane or moved without warning. This is exactly why independent evidence, rather than each driver's account, tends to settle the dispute.
Does it matter which exit each of us was taking?
Yes. The exit each driver intended to take affects which lane they should have been in and when they should have signalled, which is often central to working out what went wrong.
Sources
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)