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PostPosted: Sun Oct 28, 2007 11:15 
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Icandoit wrote:
In some ways I see this case is better in being right than being safe as there were no reported injuries while continuing to accept the sort of arrogant disregard of the rules of the road (as reported of the other driver) do no-one any favours if allowed to continue.


If I read you right then you appear to suggest that if we just continuously defer to the pushiest drivers on the roads then we effectively re-inforce the idea in their (and others) minds that they will gain right of way simply by 'upping the safety ante'.
It is a fair point (if thats the one you are making) and the safe shouldn't have to defer to the arrogant, but I know that personally I am always on the lookout for instances where my right of way may be overidden by a pushier driver so that I can just let them get on with it. I guess its just another symptom of the 'me first' society and the lack of any realistic enforcement :(

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PostPosted: Sun Oct 28, 2007 11:16 
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Roger wrote:
This needs exploring. Not urgently, because hopefully neither of us will encounter a similar situation for a little while ;-)


Yeah. I think so too.

There's the argument regarding legal priority. In the 'simple' circumstances this is well defined, but there are all sorts of shades of grey.

- What if the obstruction is long or even indefinite? This is the case on many residential roads where the habit is to park on one side only. One might pull out to pass the parked cars half a mile before anyone oncoming can be seen.

- What if the width of the road is such that one driver thinks there's still room to pass the oncomer alongside the obstruction but the other driver does not?

- What if the vehicle pulling out judges (correctly or incorrectly) that he can go through first?

- What if the vehicle pulling out correctly judges that he has time to pass, but then is forced to travel much more slowly for some other reason? (Pedestrians?)

- What if the road is single track?

- What is there are white lines or no white lines?

- What if both sides of the road have obstructions (a 'slalom')? How does that affect the priority of the drivers arriving both at the same time in identical circumstances?

Given the dodgy definitions that will apply in many cases as above we also need to consider good driving practice.

- Good practice requires co-operation. I'd be very happy to give way, even in a case where I might have legal priority if I judged that it would be more efficient to do so.

- Good practice puts safety first. That means allowing as far as possible for errors and misjudgements made by others.

- Good practice means NOT depending on right of way for safety. If someone pulls out on me, I'll make it safe as soon as possible by stopping if necessary.

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PostPosted: Sun Oct 28, 2007 11:18 
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Icandoit wrote:
They actually believed (attitude?) that they had a right of way.

Maybe - or maybe they just misjudged things? It is easy to make a mistake. Once made, there may or may not be a way to correct without others' co-operation. Withholding the co-operation is IMHO as bad as, or arguably worse, than the original "offence".


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PostPosted: Sun Oct 28, 2007 11:27 
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Rigpig wrote:
If I read you right then you appear to suggest that if we just continuously defer to the pushiest drivers on the roads then we effectively re-inforce the idea in their (and others) minds that they will gain right of way simply by 'upping the safety ante'.

That is a nice way of putting it.

I am not a policeman but I can (within reason) manage my own safety and stay within the law. I draw the line quite a long time before those doing 70 in the outside lane of a motorway and holding up 'speeding' drivers though! (But I might take a little longer to move over for the Mr BMW_up_my_chuff at 80.....:wink:)


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PostPosted: Sun Oct 28, 2007 11:31 
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Roger wrote:
Icandoit wrote:
They actually believed (attitude?) that they had a right of way.

Maybe - or maybe they just misjudged things? It is easy to make a mistake. .

Back to the OP. "The other driver is claiming that this is my fault (or partly so) because they had started the overtaking manoeuvre of the stationary vehicle) and I should have waited!"

Was that a misjudgement and an excuse after the event? I don't think so and it doesn't matter anyway. They are responsible, whether they understand the Highway Code rules or not, for what they did.


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PostPosted: Sun Oct 28, 2007 11:46 
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Roger wrote:
Icandoit wrote:
They actually believed (attitude?) that they had a right of way.

Maybe - or maybe they just misjudged things? It is easy to make a mistake. Once made, there may or may not be a way to correct without others' co-operation. Withholding the co-operation is IMHO as bad as, or arguably worse, than the original "offence".


Yes, that's a good point. If it results in a crash I'd go for 'worse' every time. In fact participating in a crash that you could have easily avoided is surely careless driving? (Morally: every time. Legally: frequently.)

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PostPosted: Sun Oct 28, 2007 13:01 
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I think we need to look at the original post. It dosent seem to run quite to script.
Quote:
I was driving along slowly when the other person was well on my side of the road overtaking a (stationary) long vehicle.was this before our OP reached the obstructing vehicle? And the point "WELL ON MY SIDE OF THE ROAD" - did the OP think there was room to pass, and the oncoming driver should have been closer to the obstructing vehicle?

Although I attempted to avoid the other car I was unable to do so.So was the collision the result of a sudden manouvre?

Surely liability is 100% the fault of the other driver?

The other driver is claiming that this is my fault (or partly so) because they had started the overtaking manoeuvre of the stationary vehicle) and I should have waited! (Apart from the fact that this isn't true!)So was our OP in the pinch point BEFORE the oncoming vehicle, and did it swerve out to go round, or pull out from some way back

surely the other vehicle needs to ensure that they can complete this overtaking manoeuvre given that they were so far on my side of the road?see point above - it seems like the latter.


The worst you can do is adopt the "I'm in the right so I'll teach him a lesson" attitude - that makes YOU guilty of dangerous driving, because you PLAN your action, where as the other driver might simply have miscalculated.
The BEST you can do is adopt the DEFENSIVE driving strategy - drive to allow for others mistakes, whether it be unnecessary braking, not indicating, or overtaking with insufficient distance and you having to drop back to allow the overtaking vehicle into a line of traffic.

It boils down to [eventually] relying on better driver training and assessment, and having the right number of traffic officers to SEE that those who slip the net are stopped and admonished, since it would be dangerous for us motorists to try and influence their driving on the road.
Unfortunately as far as I can see, it just aint happening. :oops:

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PostPosted: Sun Oct 28, 2007 13:27 
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Ernest Marsh wrote:
....since it would be dangerous for us motorists to try and influence their driving on the road.

Don't be silly. I use my indicators and brake lights in an attempt to influence others driving all the time.


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PostPosted: Sun Oct 28, 2007 13:51 
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Icandoit wrote:
Ernest Marsh wrote:
....since it would be dangerous for us motorists to try and influence their driving on the road.

Don't be silly. I use my indicators and brake lights in an attempt to influence others driving all the time.

Are you being deliberately obtuse? Of course one inflences driving in a micro-way. We all tend to control situations - influencing decisions of others - with many things. What was meant is that we should not try and mend drivers' ways with our action.


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PostPosted: Sun Oct 28, 2007 14:08 
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Roger wrote:
Are you being deliberately obtuse? Of course one inflences driving in a micro-way. What was meant is that we should not try and mend drivers' ways with our action.

That is not being in the slightest bit obtuse, '...not try and mend drivers' ways' was not what was written and I do attempt to influence others driving.

For instance - by using signals.

A bit more clarity of thought before posting would help a lot of people on here.


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PostPosted: Sun Oct 28, 2007 15:04 
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Without casting aspersions on either party in the original incident, my uncle taught me a little rhyme when I learned to sail - it works for driving too...

Here lies the body of Mike O'Day
Who died defending his right of way
He was right - quite right - as he sailed along
But he's just as dead as if he'd been wrong!


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PostPosted: Tue Oct 30, 2007 15:22 
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Rigpig wrote:
SafeSpeed wrote:
On the other hand, and I'm deadly serious about this, perhaps we should blame government instead for not effectively communicating the basic principles of safe driving.


Hmmm, I do wonder how much of modern road safety failings can simply be heaped onto the shoulders of the governement in this way. How much boils down simply to the fact that there are a lot of impatient, ignorant jerks out there who will try and throw their weight around (metaphorically speaking) regardless of any road safety messages the government may transmit?

I wonder how much can also be attributed to LA's as well, for deliberately artificially congesting roads, that in turn, help to create 'a lot of impatient, ignorant jerks'...

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PostPosted: Tue Oct 30, 2007 16:03 
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Icandoit wrote:
Roger wrote:
Are you being deliberately obtuse? Of course one inflences driving in a micro-way. What was meant is that we should not try and mend drivers' ways with our action.

That is not being in the slightest bit obtuse, '...not try and mend drivers' ways' was not what was written and I do attempt to influence others driving.

For instance - by using signals.

A bit more clarity of thought before posting would help a lot of people on here.

Well it certainly does not follow:
I use my indicators and brake lights in an attempt to influence others driving all the time
is not nearly the same as:
"I'm in the right so I'll teach him a lesson" attitude
The former informs and/or requests; the latter forces - big difference!


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PostPosted: Tue Oct 30, 2007 17:23 
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BottyBurp wrote:
I wonder how much can also be attributed to LA's as well, for deliberately artificially congesting roads, that in turn, help to create 'a lot of impatient, ignorant jerks'...


That is one thought on the matter,which I agree with. Very close to me is a DSA office, so the roads round here are littered with learners. What I do notice is a lot of them pulling out to pass an obstruction on their side creating a situation where the oncoming vehicle( IN THE MIDDLE OF THE GAP) has to take evasive action. Is there something in driver training nowadays where on a driving test the candidate gets marked down for exercising courtesy

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PostPosted: Wed Oct 31, 2007 09:53 
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botach wrote:
Very close to me is a DSA office, so the roads round here are littered with learners. What I do notice is a lot of them pulling out to pass an obstruction on their side creating a situation where the oncoming vehicle( IN THE MIDDLE OF THE GAP) has to take evasive action. Is there something in driver training nowadays where on a driving test the candidate gets marked down for exercising courtesy

Are you are presuming that these learners pass their tests after doing this?


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PostPosted: Sat Nov 03, 2007 04:00 
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galanidt wrote:
The other driver is claiming that this is my fault (or partly so) because they had started the overtaking manoeuvre of the stationary vehicle) and I should have waited! (Apart from the fact that this isn't true!) surely the other vehicle needs to ensure that they can complete this overtaking manoeuvre given that they were so far on my side of the road?


If the other driver had entered the restricted section of road while you had time to safely stop then that is what you should have done.

There is no "my side" of the road. Where the road is narrowed by an obstruction such as a parked vehicle then you should treat it as a single track road.

Vehicles entering a restriction caused by parked vehicles should give way to those already within the restriction. In the event of 2 vehicles arriving simultaneously then the one travelling on the side with the parked vehicle should give way.

Icandoit wrote:

...give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road.


before passing :wink:

And as you are so fond of quoting the Highway Code...

Quote:
144

You MUST NOT

.....
* drive without reasonable consideration for other road users


That's a MUST NOT

Quote:
147

Be considerate. Be careful of and considerate towards all types of road users, especially those requiring extra care (see Rule 204). You should

* try to be understanding if other road users cause problems; they may be inexperienced or not know the area well
* be patient; remember that anyone can make a mistake
* not allow yourself to become agitated or involved if someone is behaving badly on the road.




galanidt: If you get off with 50/50 then consider yourself lucky, you could have done everything to avoid this accident, if you can call it an accident.


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PostPosted: Sat Nov 03, 2007 08:13 
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Homer wrote:
galanidt wrote:
The other driver is claiming that this is my fault (or partly so) because they had started the overtaking manoeuvre of the stationary vehicle) and I should have waited! (Apart from the fact that this isn't true!) surely the other vehicle needs to ensure that they can complete this overtaking manoeuvre given that they were so far on my side of the road?


If the other driver had entered the restricted section of road while you had time to safely stop then that is what you should have done.

There is no "my side" of the road. Where the road is narrowed by an obstruction such as a parked vehicle then you should treat it as a single track road.

Vehicles entering a restriction caused by parked vehicles should give way to those already within the restriction. In the event of 2 vehicles arriving simultaneously then the one travelling on the side with the parked vehicle should give way.

Icandoit wrote:
...give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road.

before passing :wink:

I'm not sure. If you are passing a line of parked vehicles you still don't have a right to force the oncoming vehicle out of the way- which is how I have interpreted the OP's "The other driver is claiming that this is my fault because they had started the overtaking manoeuvre .... and I should have waited! (Apart from the fact that this isn't true!)"
Homer wrote:
And as you are so fond of quoting the Highway Code...

I'm fond of all road users following the only instructions we have. I have very little time for those that think thy know better...... whatever they are driving or riding!
Homer wrote:
Quote:
144

You MUST NOT
.....
* drive without reasonable consideration for other road users

Homer wrote:
That's a MUST NOT

Indeed. That counts for both parties in this instance.
Quote:
147

Be considerate. Be careful of and considerate towards all types of road users, especially those requiring extra care (see Rule 204). You should

* try to be understanding if other road users cause problems; they may be inexperienced or not know the area well
* be patient; remember that anyone can make a mistake
* not allow yourself to become agitated or involved if someone is behaving badly on the road.

For sure! But this should be taken as read by all drivers. If (as I read it) the oncoming driver did push into the path of galanidt and then clam that galanidt should have given way they are not understanding the 'consideration' part at all are they?


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PostPosted: Sat Nov 03, 2007 08:53 
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One thing that has not been mentioned is road positioning. If I believe I cannot pass the oncomming vehicle I choose a center of the tarmac position. rather than a left hand position.
I use road position to influence other drivers. If I am tight time scales I might claim the centre line a bit earlier to indicate my intention to go through without stopping. I see this as a sort of negotiation for the space. but it is an ongoing negotiation, If the other driver appears more determined than me then I would do some hard braking, eitherto pull in or in the worst senario in the center of the road. I would not try to scrape through. Also as I have driven larger vehicls I take responsibillity to decide if the two can pass at the same time. If I don't think they can pass I take the center of the tarmac as a non verbal communication.

In the original situation both drivers must have decided they could pass initially.

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PostPosted: Sat Feb 09, 2008 22:38 
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Well, the 3rd party has finally accepted 100% liability. It would have taken very little time except my insurance company basically did nothing at all for most of the time!


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PostPosted: Sat Feb 09, 2008 23:00 
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Icandoit wrote:
botach wrote:
Very close to me is a DSA office, so the roads round here are littered with learners. What I do notice is a lot of them pulling out to pass an obstruction on their side creating a situation where the oncoming vehicle( IN THE MIDDLE OF THE GAP) has to take evasive action. Is there something in driver training nowadays where on a driving test the candidate gets marked down for exercising courtesy

Are you are presuming that these learners pass their tests after doing this?


Judging by the increasing numbers of drivers doing this -yes.
Quote:
Anton "One thing that has not been mentioned is road positioning. If I believe I cannot pass the oncomming vehicle I choose a center of the tarmac position. rather than a left hand position. "

- Another thing I now tend to do ,as I have found that more and more, removing the option removes any chance of a misunderstanding . If someone decides to force a way through ,then I'll pull right over and stop.

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