Who can you sue if a camera causes an accident.
Discussion
220 Just a thought, can you sue the Police, or the chief constable for corporate manslaughter? in the case of a death, or the scamera partnerships for damages if the driver in front slams on the anchors to avoid a flash fine,or where one can prove that the scamera, or scamera site had a direct effect on what happened, any views?
alans said:
You should not be so close that you cannot stop. Sorry.
220 Me thinks you're teaching grandmother to suck eggs, but I forgive you
ok, lets say you are on a motorway, the guy in the outside lane brakes for the scamera, looses control, and takes you out, his fault no doubt, but did the presence of the camera contribute, i.e no camera, no braking, no accident, any case law on this or simular.
Wouldn't have thought so. I reckon it would be the other driver's fault if they lost control (and it would probably be chalked down to 'excessive speed'). I can't see how the scamera operators can be at fault unless the camera falls on you, or the camera van is dangerously parked or something.
It has just occured to me that some councils were getting silly about flowers left by the side of the road where there had been an accident, something about them being a distraction that could be dangerous. Doesn't the same logic apply to visible speed cameras?
It has just occured to me that some councils were getting silly about flowers left by the side of the road where there had been an accident, something about them being a distraction that could be dangerous. Doesn't the same logic apply to visible speed cameras?
On a similar note
On the 16th July (my bro's birthday - that how I remember) I was doing the usual m4 route to work when the all three lanes suddenly dropped speed - all three lanes in rush hour traffic, brakes on. I assumed I had come across an accident and having braked safely, in the outside lane from around the 60-65 indicated mark to around 25-30 continued on at a massively reduced rate to start, slowly increasing in speed around the next bend where a talivan was parked on a bridge causing people who were not speeding to brake.
I have had 2 occasions where I have been seriously worried for my safety and the safety of other drivers on that stretch of road (eastbound Pencoed to Llantrisant for those that know it), this was one, the other was when 2 trucks deceided to have a fight at 30-40mph over all 3 lanes in evening rush hour.
In 4 years of driving this road (I drive longer but as someone experienced in this bit of motorway know the major hotspots and am aware well before I get there) these are the only 2 potentially dangerous incedents, one caused by what appears to be 2 truck drivers having a fight and the other by a talivan, I do wonder what would have happened if, as seemed very likely at the time, a multi car pile-up had occurred with no-one above the speed limit as the result of a safety camera?
Paul
On the 16th July (my bro's birthday - that how I remember) I was doing the usual m4 route to work when the all three lanes suddenly dropped speed - all three lanes in rush hour traffic, brakes on. I assumed I had come across an accident and having braked safely, in the outside lane from around the 60-65 indicated mark to around 25-30 continued on at a massively reduced rate to start, slowly increasing in speed around the next bend where a talivan was parked on a bridge causing people who were not speeding to brake.
I have had 2 occasions where I have been seriously worried for my safety and the safety of other drivers on that stretch of road (eastbound Pencoed to Llantrisant for those that know it), this was one, the other was when 2 trucks deceided to have a fight at 30-40mph over all 3 lanes in evening rush hour.
In 4 years of driving this road (I drive longer but as someone experienced in this bit of motorway know the major hotspots and am aware well before I get there) these are the only 2 potentially dangerous incedents, one caused by what appears to be 2 truck drivers having a fight and the other by a talivan, I do wonder what would have happened if, as seemed very likely at the time, a multi car pile-up had occurred with no-one above the speed limit as the result of a safety camera?
Paul
jeffreyarcher said:
can you sue the Police, or the chief constable for corporate manslaughter?
Corporate manslaughter is a criminal charge.
220 Yeah, as may be applicable against some directors and managers at Railtrack, or what ever they are called now,as a result of a train de-railment. I can see the possibilities, criminal negligence, i.e "breach of a legal duty of care resulting in injury or death", take placing of cameras/vans in dangerous places,has it happened?, if not, will it? Could it be proved as the cause?
An earlier post related the experience of driving on a motorway, within the speed limit, and everybody brakes for a camera or a van. This could cause a major pile up, and is a modern, post camera problem, who is responsible? I'm not sure you can blame it on the drivers!!
You probably could blame it on the drivers - driving without due care and attention - if they braked they can't have been aware whether they were driving within the speed limit or not. Just like rubberneckers - the people in the accident on the other carriageway are not responsible when people on this carriageway brake to have a look.
Sorry, this one's not going to stick. Green V8S is right - only if a scamera van is illegally parked and caused you to alter your course might you have a chance.
Sorry, this one's not going to stick. Green V8S is right - only if a scamera van is illegally parked and caused you to alter your course might you have a chance.
When I was looking for info on being flashed by a Gatso when travelling towards it there was some debate about whether they could be considered an unnecessary roadside hazard deliberately placed by [whoever]. Flash blindness being the real risk, in this case. Not quite what we're talking about here, but certainly people seemed to think that there'd been a case elsewhere in the EU where someone had sued after running off the road (allegedly into the camera post) after being momentarily blinded. Anyone know the odds on this in the UK?
Hoypothetically, if i was to pootle along at just under the limit going towards a scamera pointing at cars going in the opposite direction (ie towards me), and a hypothetical speeder, went through.
what would happen if i was to be dazzeled by the flash and ended up crashing my car into said hypothetical scamera. of course suffering hypothetical whiplash in the process
who would be liable???
what would happen if i was to be dazzeled by the flash and ended up crashing my car into said hypothetical scamera. of course suffering hypothetical whiplash in the process
who would be liable???
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