Eater Sundae Posted May 9, 2012 Share Posted May 9, 2012 Even if the overtake is performed very close to a sharp bend? How is the other guy supposed to see around that? I'd put the onus on the guy on the wrong side of the road to be sure of the safety of his manouver ..Just playing DA.. My view on this is that he should be able to stop within the distance he can see. There could just as well been a horse or slow moving tractor etc going the same way. Link to comment Share on other sites More sharing options...
truman Posted May 9, 2012 Share Posted May 9, 2012 The other guy should come around the corner in such a way that they could stop if there were a sheep in the road (for example). What's the alternative to passing the parked cars? If you can't pass them, you can't do a turn in the road and reversing back down your own carriageway doesn't sound very safe! I know what you're saying but the bend is as blind for one as the other..if you're on the wrong side then at least you should be more aware of the position you're in.."there I was minding my own business and someone was driving on the wrong side of the road around a bend he couldn't see through.."..I'm not saying either party is innocent but I just feel that if you have to go onto the other side of the road in this situation then you need to be very careful....can't see how it's automnatically the other chap's fault..as I said, playing DA.. Link to comment Share on other sites More sharing options...
truman Posted May 9, 2012 Share Posted May 9, 2012 My view on this is that he should be able to stop within the distance he can see. There could just as well been a horse or slow moving tractor etc going the same way. Yep you're right..but I don't think it absolves the overtaker from all responsibility..the insurance would be a 50-50 I suppose for simplicity.. Link to comment Share on other sites More sharing options...
mindfieldz Posted May 9, 2012 Author Share Posted May 9, 2012 Thanks for the interest in the thread and your contributions, let me give more detail as to what happened. I was travelling uphill in wet conditions, up ahead was a blind bend with a long line of parked cars on my side right on the bend. I slowed right down on aproach to the bend and the parked cars to make sure there was no oncoming traffic...I saw no oncoming traffic and so I proceeded, cautiously, to pass the parked cars which was putting me in the middle of this quite narrow road. Suddenly from around the blind bend came an oncoming car(travelling downhill) that was driving way to fast...I came to a stop in the middle of the road because there was knowhere for me to pull in, but this oncoming car slid with locked wheels quite a long distance right into the front of me. Link to comment Share on other sites More sharing options...
truman Posted May 9, 2012 Share Posted May 9, 2012 Thanks for the interest in the thread and your contributions, let me give more detail as to what happened. I was travelling uphill in wet conditions, up ahead was a blind bend with a long line of parked cars on my side right on the bend. I slowed right down on aproach to the bend and the parked cars to make sure there was no oncoming traffic...I saw no oncoming traffic and so I proceeded, cautiously, to pass the parked cars which was putting me in the middle of this quite narrow road. Suddenly from around the blind bend came an oncoming car(travelling downhill) that was driving way to fast...I came to a stop in the middle of the road because there was knowhere for me to pull in, but this oncoming car slid with locked wheels quite a long distance right into the front of me. Is this still ongoing or has it been sorted? Link to comment Share on other sites More sharing options...
HeadingNorth Posted May 9, 2012 Share Posted May 9, 2012 Assuming the information in the OP to be true; the speeding car is going to be held as mostly, or entirely, liable, unless the OP was also driving too fast for the conditions. The parked cars could be held partly liable for parking on a blind bend, even if there are no white lines which make it automatically illegal to do so. You've got no choice but to overtake them, so as long as you were taking reasonable precautions to avoid crashing into oncoming traffic, you can't be held to blame. The key word is going to be "reasonable." If an incident of this nature results in a court case, the lawyers on both sides would have a field day arguing over what's reasonable and what isn't. Link to comment Share on other sites More sharing options...
mindfieldz Posted May 9, 2012 Author Share Posted May 9, 2012 Is this still ongoing or has it been sorted? Its still ongoing. Link to comment Share on other sites More sharing options...
CAGlover Posted May 9, 2012 Share Posted May 9, 2012 To me it seems your have done nothing wrong, but proving all blame on the other driver sounds like its going to be an impossible task. Were there no witnesses at all?? Link to comment Share on other sites More sharing options...
Bonjon Posted May 9, 2012 Share Posted May 9, 2012 Assuming the information in the OP to be true; the speeding car is going to be held as mostly, or entirely, liable, unless the OP was also driving too fast for the conditions. The parked cars could be held partly liable for parking on a blind bend, even if there are no white lines which make it automatically illegal to do so. You've got no choice but to overtake them, so as long as you were taking reasonable precautions to avoid crashing into oncoming traffic, you can't be held to blame. The key word is going to be "reasonable." If an incident of this nature results in a court case, the lawyers on both sides would have a field day arguing over what's reasonable and what isn't. Unless there is evidence of the driver speeding, I cant see any other outcome other than 50/50 blame. OP, what stretch of road was it? Any Google Maps links? Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted May 9, 2012 Share Posted May 9, 2012 Plus what's the view (on the insurance aspects) of OP's insurer? Link to comment Share on other sites More sharing options...
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