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Toyota yaris - Diagonal hatching - JJ13

I had an accident just before Christmas and would like to know who was a fault.

I had pulled out of a junction with the car stationary to the right of me as the lights were on red and they could not enter the yellow filter box, as I pulled out past the traffic I could clearly see down the right and it was clear with no traffic on the diagonal hatching. I then looked left and edged forward a little so I could see clearly to the left of me, as I looked back right there was a car coming across the hatching so I kept my foot on the break. The other car then swerved out and in front of me catching my front bumper on the left hand side.

My insurance keep telling me it will be all my fault or part my fault, I think this is wrong as I did everything within the law and highway code to drive safe, also it believe that you should not enter hatched marking when approaching a junction or pedestrian crossing.

The other driver over took that stationary traffic on the hatched marking then proceeded to go over the filter box I was in to get to the filter box for them to turn right and just past there filter box is a pedestrian crossing.

Thank you if you can clarify things for me.

Toyota yaris - Diagonal hatching - FP

Were you stationary or moving when the collision occurred?

Toyota yaris - Diagonal hatching - JJ13

I think I was stationary at the time of impact but cannot be sure, I do have a witness who recorded the accident at the time and have informed my insurance company of it.

Toyota yaris - Diagonal hatching - FP

"I think I was stationary at the time of impact but cannot be sure..."

Most people are pretty certain whether they were moving or not when an accident happened. I suggest in your case it's pretty crucial to know.

"...a witness who recorded the accident... " as in a video recording? Have you seen it? What does it show?

Toyota yaris - Diagonal hatching - Dwight Van Driver

Probable 50/50 ?

dvd

Accident - Diagonal hatching - JJ13

As I recall I was not moving when the collision occurred and I informed my insurance of this. I have seen the video of it and that is what made me unsure as it was hard to tell as I was going so slow and would need a better look at the video to see. But at the time the one who took the video said you can clearly see she came over the hatching and swerved in front of my car and they thought she was in the wrong and said there was nothing I could have done to avoid the accident.

After the accident the other driver said they seen me moving forward and was thinking when are they going to stop, so if they seen me why did they not stop?

I was already in the filter box and had checked down the right hand side of the oncoming traffic and there was nothing on the diagonal hatching that is there to protect traffic turning right so I then edged forward to make sure it was safe from traffic coming from the left.

Then looked back right and seen them so I had my foot on the break and just waited for it to be over, if she had not swerved out in front on the other side of the road she would of went into the side of me.

Accident - Diagonal hatching - Bromptonaut

I cannot follow this account at all. Any chance of a link to streetview or a diagram?

Accident - Diagonal hatching - JJ13

maps.google.com/maps?q=Bedwas+Road+Filling+Station...4

Accident - Diagonal hatching - Bromptonaut

Think I get it now. When you mentioned diagonal hatching I was thinking of those white diagonals that create virtual traffic isalnds.

So you were turning right out of the B&M bargains road amd he was on the major road overtaking stationery traffic to access Morrison's filling station.

The box is only on the nearside to stop traffic queueing for the lights blocking acess to from the B&M road?

Looks like a 50/50 to me at best. Absent the box markings, which might be a red herring if he only pulled in to avoid oncoming traffic it would be your failure to properly observe.

Accident - Diagonal hatching - JJ13

Yes I was turning right out of B&m's. I had passed the stationary traffic on the right, I was in the filter box and right and could clears see that there was no traffic coming over the hatching. I then looked left and edged forward looking left so make sure it was clear to go.

Only as I looked back right I could see the other car coming so I just kept my foot on the break and had stop moving.

I can live with 50/50 as I do not want the other driver to think they was in the right to do what they did as next time it might have a worse out come. And after they said they seen me and was thinking to themselves when are they going to stop makes me think they were travelling to fast to stop or they were thinking it was their right of way.

Accident - Diagonal hatching - FP

If you were taking all sensible precautions before committing yourself to pulling out, it seems to me that splitting the blame 50/50 would be unfair. And if you were stationary at the time of the collision, having only just got to the position where you had a view of oncoming traffic, I can't see what else you could be expected to do.

Edited by FP on 05/01/2013 at 15:22

Accident - Diagonal hatching - daveyjp
I was involved in a similar situation except I was the other party and the emerging traffic turning right had to cross two lanes of traffic from their right.

The emerging driver went across the front of the stationary traffic, I was in the other lane as it was clear. I used my horn as I saw the other driver beginning to emerge, he failed to stop and hit my rear wheel.

I was deemed not at fault as the other driver failed to check both lanes on a main road were clear before proceeding from a minor junction.

As you were stationary it may go 50:50, but if I was the other driver I'd be going for 100% your fault.

Accident - Diagonal hatching - JJ13

I did take precautions when pulling I could see no traffic moving past the stationary traffic that was wait for the lights to change, and as I pulled into the filter box I could clearly see to the right and there were two car’s at the end of the queue just before where the diagonal hatching started.

There should of only been the one lane of traffic and not two the diagonal hatching is in place to protect traffic turning right and as I had already committed myself and was in the filter I then had to pull forward a little more to check the for traffic coming from the left so I could make sure it was safe to proceed.

Just because someone thinks it a short cut to go across the diagonal hatching and a cross the filter box I was in I cannot see how that can be 100% my fault. I know that road quite well and have see people go across it many times, I have also been in the lane that the stationary traffic was in indicating as I approached the filets box for turning into Morrison only to have someone shot down the right side of me to get into and stopping me from entering the box myself. So I took care and made sure nothing was coming as I entered the filter box.

And it should have only been one lane I had to cross and not two as in your scenario daveyjp, and a diagonal hatching is not a lane and you should not use it as one when approaching a junction.

Accident - Diagonal hatching - daveyjp
You have a good point and the other driver using a right turn refuge against the flow of traffic to overtake a queue can form your basis for going 50:50 and defend any 100% claim against you.
Accident - Diagonal hatching - JJ13

I think 50:50 is the best I can expect but it does seem a little unfair to me as I was already established in the filter box had look and made sure it was clear on the right and not traffic was coming over the diagonal hatching, only then I looked left as that was the lane I was going turning right and had to pull forward a bit more to make sure it was safe to go.

Then only to look back right to see that someone had gone over the hatching when I should have been very visible to them before they entered the hatching but they said they seen me and only thought to themselves when are they going to stop when they should of stopped themselves, and if not for the swerving out they would of went into the side of me.

Accident - Diagonal hatching - cockle {P}

Looking at it on Google Earth then the other driver appears to have no right to be in a position to collide with you as the diagonal hatching is there to protect the right hand turn lane into the road from which you were emerging and is therefore a lane with priority in the opposite direction to the third party, it doesn't actually turn into a right hand turn lane for Morrisons until after the junction with your side road.

With regard to the other driver being in the diagonal hatched area then Highway Code Rule 130 applies:-

130

Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right.

  • If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so.
  • If the area is marked with chevrons and bordered by solid white lines you MUST NOT enter it except in an emergency.
    Laws MT(E&W)R regs 5, 9, 10 & 16, MT(S)R regs 4, 8, 9 & 14, RTA sect 36 & TSRGD 10(1)

I think I would argue that that he should not have entered the diagonal hatched area in the first place as the fact that he may have to wait to get to the Morrisons right turn lane does not make it necessary, even if he can see the right hand turn lane is clear but queueing traffic in the left hand lane is blocking his progress. The traffic in the left hand lane would have also obscured you from his view so he could not see that it is safe to do so, evidenced by the fact that a collision took place.

You could also argue that having carried out the manoevre against the Highway Code he then failed to take enough care to be able to prevent an incident occurring through his careless disregard of Rule 130.

You might have to take some of the blame by having failed to notice him but if you were stationery at the time of collision I would argue that you have taken avoiding action to avoid a vehicle that you had reasonable expectation of not being there due to the layout of the junction and the expectation that other parties would adhere to the Highway Code governing the priorities indicated by the road markings.

Think I would argue vehemently against 50/50, 90/10 ot 80/20 might be more appropriate, however this is insurance companies we're talking about here.......

Edited by cockle {P} on 07/01/2013 at 15:37

Accident - Diagonal hatching - skidpan

Think I would argue vehemently against 50/50, 90/10 ot 80/20 might be more appropriate, however this is insurance companies we're talking about here.......

Regardless of it being 50/50 or 90/10 you would still have to pay your excess and it would still be an accident to declare at renewal.

Therefore you would be exactly the same amount out of pocket initially and at renewal thus is it really worth the time and hassle.

Accident - Diagonal hatching - JJ13

Yes Thank you cockle, I have pointed out the hatching to my insurance company many times and all they can see is junction and keep saying its 100% my fault and I have to then push the fact to them on the phone and that is costing in its self.

And yes skidpan it will still cost me unless it is seen as 100% her fault, only thing i have is my no claims protection. If it is seen as 100% my fault then the other driver will think they had done nothing wrong and continue to do what they did and next time the outcome might not be so minor, such as if it was a bike in my position or they were going faster and went in to the side of a car and traffic coming from the other direction.

Accident - Diagonal hatching - JJ13

I also found this in another post.

Diagonal Hatching - 1400ted Some years ago, and this may be a regional thing, I heard these areas referred to as ' ghost islands '.......both by the police and highways workers.
Some years ago, my son was let out of his work gates by a driver in a queue of standing traffic to turn right. As he nosed out he was hit by a woman using the hatchings to overtake the queue to make a right turn later on. She was prosecuted by the police...I can't remember the charge but the bobby said to me that she shouldn't have been on the ' ghost island '

This may indicate that they were painted on an area of road where a proper kerbed island would have been useful but not installed due, possibly to the expense. I tend to treat them as a proper island. I think the continuous ones along the centre of some roads are different, not meant to be treated as an island but as an extension of the double white line system with a bit extra between the lines to keep traffic flows further apart.

Ted

from here www.honestjohn.co.uk/forum/post/index.htm?t=17644

Accident - Diagonal hatching - JJ13

For anyone who would like to know the out come, I have a letter form my insurance company thst is

" We refer to the above dated claim and write to advise that we have made a full recovery of our outlay in respect to your claim.

The No Claim Discount has been allowed and the claim is now close."

Accident - Diagonal hatching - FP

Sounds like a good result for you!