Hm thats interesting, I can tell you factually what the law would say, but admit being right is no comfort at all when the people you love are hurt ( supposing of course you had people in the car ), or for those with a conscience if the head on collision caused inhury or death to an innocent child in the oncoming veh, Thank you for the question it has got me thnking.
My sisters hubbie on approaching a roundabout, went over the white line and stopped, a speeding car came around the corner and hit his car from the side, the insurance company said it was 50/50, in other words both parties are in the wrong, had he stayed behind the line he would have been ok, but once you cross the line you are effectivly starting a manouvere, and if you dont complete it then the inusrance company/law will hold you accountable to some degree.
On the other hand we have all come across junctions where you just can't see because of high hedges or some obstruction, so you do the only thing you can do, edge out until you can see, and bang RTC.
I think the person who owns the land on which the obstruction is placed should be prosocuted, but thats not going to happen as we all know.
I do agree with not going across the other side of the road and involving an innocent party, as for the person who said it is your word against his is sorry simply wrong, they can tell from the impact point if the other car had in fact crossed the line by how far down the body of the car the dent is, also the give way means exactly that in all circumstances unless directed by police or some other official person.
For the car facing this car, as I said this has made me think, because we have all come across it, and hgv drivers more then anyone because people fail to realise that on these small roads we neeed to take some of your road as well, and before you say it we deliver on all roads, to farms in the middle of nowhere as well where the weight of the load means we have to take these small roads because vans are just too small, but to get back to the point.
The law states that you always have to drive with due care and attention, and as someone pointed out the limit is a guide not a target, if the road is twisty then you should not be doing the speed limit even in dry conditions, on blind bends you will mostly either get a traingle warning sign telling you of a dangerious bend, or the junction sign, or the black and white arrows, that is your sign to slow down by pressing the brake or just by taking your foot of the accelerater, leaning sideways in the drivers seat sometimes give you better visability, or even leaning slightly sideways.
The natural reaction is to swerve around and it is almost impossible to avoid your own natural reactions, if someone throws a pencil at you then you duck, so I guess there is no real answer and each one has to be judged on its merit.
For the other car he has only 2 choices, to edge out and rely on the other drivers to be going slow enough to see him, or just pull right out and hope for the best, I am sure most of you would choose the first..
One last thing, ask yourself a question .. Why is the view blocked at a junction sometimes, for most but not all it is deliberate ! Why what is the rule about driving on a blind bend, or blind part of the road in any situation, for example let us suppose you are approaching a pedestrian crossing, a high sided veh of some description clears teh crossing but because of traffic has stopped immediatly after the crossing travelling in the opposite direction.
On your approach you cant see whats on half the crossing because of this high sided veh, I can tell you most car drivers I have seen with my own eyes carry on across at the same speed, the answer ??
I you cant see whats coming assume that something is until you know for sure its clear, esp on crossings.,
I some occasions when I have had to bear the company of a drivers mate, I said to one once that the car in front of me had its door open, he was amazed i noticed, I said to him it is a potential hazard and my job to notice such things, it should be the same for all drivers, on teh example of the crossing I came across exactly that situation and although I didnt see anyone on the half of the crossing I could see, I slowed down to about 10 mph, until I could be sure that no one was coming across, when I go near a parade of shops in a village or anywhere, I look at all the kids because I am looking for the first sign they are going to run out on to the road, and finally much to the annoyance of other drivers, if I can stop safely and see children in the middle island, I stop and let them cross, car drivers I have seen rarely do that.
|