Hypothetical "who's at fault?" type question
Discussion
The circumstances are: there was nearly an accident but my cat like reaction skillz prevented it from occurring. I would have had rather a lot of explaining to do if it had as my pool car would have been rather dead and my then boss didn't like me much. I digress.
The feature that caught me out was an unusual junction. It is a standard four way intersection with a mini roundabout in the middle. So far so easy. If a compass rose were to be overlaid North, South and West are conventional two way roads. East is one way, heading off from the junction.
A car approaching from South, turning right on to East would not expect any traffic to be approaching the roundabout from that direction. As normal mini-roundabout rules apply traffic entering from the other two roads has to give way to the South car as they are to its left. The only road to its right is East.
I used to navigate this regularly so fell into the habit, like everyone else, of not stopping if approaching from the South road. Visibility isn't great but, hey, I had nothing to give way to.
Until the night in question. I did my usual slow down and turn; straight into the path of an oncoming car. I slammed the brakes on and stopped in time. I think the other car took evasive action but it all happened in a flash. Then he was gone.
This shouldn't have happened. We know that no traffic should approach from East, but he did. He had driven the wrong way down the one way street, possibly to save time.
I have checked the highway code. It states that one MUST obey one way street directions. It goes on that traffic SHOULD give way to the right if necessary.
I am fully prepared to accept that, had a collision occurred, it would have been partially my fault for not checking thoroughly. However it is also a reasonable assumption that I wouldn't have to give way to the right as the other car was performing a totally illegal manoeuvre! Any ideas?
The feature that caught me out was an unusual junction. It is a standard four way intersection with a mini roundabout in the middle. So far so easy. If a compass rose were to be overlaid North, South and West are conventional two way roads. East is one way, heading off from the junction.
A car approaching from South, turning right on to East would not expect any traffic to be approaching the roundabout from that direction. As normal mini-roundabout rules apply traffic entering from the other two roads has to give way to the South car as they are to its left. The only road to its right is East.
I used to navigate this regularly so fell into the habit, like everyone else, of not stopping if approaching from the South road. Visibility isn't great but, hey, I had nothing to give way to.
Until the night in question. I did my usual slow down and turn; straight into the path of an oncoming car. I slammed the brakes on and stopped in time. I think the other car took evasive action but it all happened in a flash. Then he was gone.
This shouldn't have happened. We know that no traffic should approach from East, but he did. He had driven the wrong way down the one way street, possibly to save time.
I have checked the highway code. It states that one MUST obey one way street directions. It goes on that traffic SHOULD give way to the right if necessary.
I am fully prepared to accept that, had a collision occurred, it would have been partially my fault for not checking thoroughly. However it is also a reasonable assumption that I wouldn't have to give way to the right as the other car was performing a totally illegal manoeuvre! Any ideas?
i think you would be wrong. i dont think we can ever presume the road is clear. there could be any number of reasons why a car was coming from that direction.
you say the highway code says you MUST follow road directions, does it say afterwards its ok to hit a vehicle that doesnt obey road directions?
i employed a lorry driver once, and on his first day he ran over a bike that was parked on a very narrow pavement, and his explanation was it was ok, because the bike shouldnt have been there anyway??
you say the highway code says you MUST follow road directions, does it say afterwards its ok to hit a vehicle that doesnt obey road directions?
i employed a lorry driver once, and on his first day he ran over a bike that was parked on a very narrow pavement, and his explanation was it was ok, because the bike shouldnt have been there anyway??
lestershaw said:
i think you would be wrong. i dont think we can ever presume the road is clear. there could be any number of reasons why a car was coming from that direction.
you say the highway code says you MUST follow road directions, does it say afterwards its ok to hit a vehicle that doesnt obey road directions?
i employed a lorry driver once, and on his first day he ran over a bike that was parked on a very narrow pavement, and his explanation was it was ok, because the bike shouldnt have been there anyway??
Wasnt in suffolk by any chance was it?you say the highway code says you MUST follow road directions, does it say afterwards its ok to hit a vehicle that doesnt obey road directions?
i employed a lorry driver once, and on his first day he ran over a bike that was parked on a very narrow pavement, and his explanation was it was ok, because the bike shouldnt have been there anyway??
lestershaw said:
i think you would be wrong. i dont think we can ever presume the road is clear. there could be any number of reasons why a car was coming from that direction.
Unless it was a police car on a shout there aren't many valid reasons to go the wrong way down a one way road. In fact some kind of temporary diversion is the only one I can think of.At a guess, I would say that regardless of the fact that he entered the roundabout illegally, at the point that the collision (would have) occurred he was established on the roundabout and you should give way to him.
I know that someone died recently in my parents home town quickly turning right in to a one way street ahead of an oncoming lorry, only for a car to appear at the exit of the one way street driving the wrong way. He obviously then couldn't complete his right turn and the lorry ploughed in to the car pinning it against a wall.
I know that someone died recently in my parents home town quickly turning right in to a one way street ahead of an oncoming lorry, only for a car to appear at the exit of the one way street driving the wrong way. He obviously then couldn't complete his right turn and the lorry ploughed in to the car pinning it against a wall.
Mr2Mike said:
Unless it was a police car on a shout there aren't many valid reasons to go the wrong way down a one way road. In fact some kind of temporary diversion is the only one I can think of.
i didnt say it was a valid reason to go down it, but to be coming out of it there could be possibly, genuine wrong turn error, emergency access situation, police or other diversion. blocked road so had to come back out, Gassing Station | General Gassing | Top of Page | What's New | My Stuff