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Whos in the right here.

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Comments

  • Closed Accounts Posts: 270 ✭✭billyboy01


    Technically you were on the wrong side of the road, as you are not ment to block the right of way of oncoming traffic, even if there is another car blocking your right of way(that parked car could be liable if it caused an accident from its parking location), you have to wait and give way to the drivers on there side of the road! It would depend on how far up the road you were! Lawyers wet dream!:rolleyes:


  • Closed Accounts Posts: 209 ✭✭rescue16


    billyboy01 wrote: »
    Technically you were on the wrong side of the road, as you are not ment to block the right of way of oncoming traffic, even if there is another car blocking your right of way(that parked car could be liable if it caused an accident from its parking location), you have to wait and give way to the drivers on there side of the road! It would depend on how far up the road you were! Lawyers wet dream!:rolleyes:
    Your wrong because if you read back i think one of the other posts said that there was no yellow lines there so i think the car that was parked was intitled to park there.


  • Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,905 Mod ✭✭✭✭Hellrazer


    billyboy01 wrote: »
    ! It would depend on how far up the road you were! Lawyers wet dream!:rolleyes:

    I was already past the parked car--well actually I was parallel to it.I had checked to make sure nothing was coming from that junction before I started to go around the parked car and had slowed right down.

    As I got in line with the junction this other car flew out of it and jammed on stopping literally 3-4 inches from my door.

    Thinking back on it I honestly dont know how that car stopped.Lucky it wasnt wet.


  • Closed Accounts Posts: 270 ✭✭billyboy01


    rescue16 wrote: »
    Your wrong because if you read back i think one of the other posts said that there was no yellow lines there so i think the car that was parked was intitled to park there.

    Possibly true, but a parked car that causes an accident can be argued in court to be liable, as this one force a driver to cross over onto the opposite side of the road, causing the oncoming car turn right to turn head on into the OP cars(which was on the wrong side of the road).

    As the other car had the right to turn out onto the road, if there was nothing oncoming from its left! Its all about timing!

    Legal Minefield!


  • Registered Users, Registered Users 2 Posts: 8,536 ✭✭✭BrianD3


    rescue16 wrote: »
    Your wrong because if you read back i think one of the other posts said that there was no yellow lines there so i think the car that was parked was intitled to park there.
    Yellow line or not, you're not allowed park within 5 metres of a junction.


  • Closed Accounts Posts: 270 ✭✭billyboy01


    I know of a similar accident caused by a Skip! The owner of the Skip was held to be liable in court!:confused: These accidents happen because of ignorance, impatience and an attitude of I dont give a fook(Widescale here)!


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    billyboy01 wrote: »
    Technically you were on the wrong side of the road, as you are not ment to block the right of way of oncoming traffic, even if there is another car blocking your right of way(that parked car could be liable if it caused an accident from its parking location), you have to wait and give way to the drivers on there side of the road! It would depend on how far up the road you were! Lawyers wet dream!:rolleyes:

    The thing is, the OP says there was no oncoming traffic on his road therefore he had right of way. The car coming from the side road has no right of way and was not entitled to enter another road without making sure his path was clear and it was safe to do so. If he had stopped at the Stop sign like he was required to do and checked both ways he would have seen the OP.

    As you can see from the OP's picture the incident occurred close to the junction and the position of the cars shows the OP was already passing the parked car when the other car appeared on the scene.

    Hopefully one good thing to come out of this is that from now on the other driver will actually Stop when it says Stop and will check both ways (even if it's to watch out for 'other' idiots, as he sees it).


  • Closed Accounts Posts: 270 ✭✭billyboy01


    slimjimmc wrote: »
    The thing is, the OP says there was no oncoming traffic on his road therefore he had right of way. The car coming from the side road has no right of way and was not entitled to enter another road without making sure his path was clear and it was safe to do so. If he had stopped at the Stop sign like he was required to do and checked both ways he would have seen the OP.

    As you can see from the OP's picture the incident occurred close to the junction and the position of the cars shows the OP was already passing the parked car when the other car appeared on the scene.

    Hopefully one good thing to come out of this is that from now on the other driver will actually Stop when it says Stop and will check both ways (even if it's to watch out for 'other' idiots, as he sees it).


    Mmm, proving that in court is another story, when the OP car is smashed in the other car on the wrongside of the road!

    One word against another! But the physical evidences of the cars postion is evident!


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Yes, physical evidence would prove a lot of things. Since the other car "jammed on stopping literally 3-4 inches from my door" it would suggest the OP was about to get T-boned or at least the side of his car was going to be hit by the right corner of the other car as he swung out into the OP's path. That would be pretty damning evidence indeed against the other driver.

    Thankfully it didn't happen that way so we're only speculating what ifs.


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  • Registered Users, Registered Users 2 Posts: 2,574 ✭✭✭dharn


    a stop sign means stop so the jammer was completely wrong as the americans would say.. period


  • Closed Accounts Posts: 960 ✭✭✭Crackle


    The main thing anyway Hellrazer is you and the kids are alright.

    Hopefully this near miss will teach that fool to check both ways at a junction from now on.


  • Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    dharn wrote: »
    a stop sign means stop so the jammer was completely wrong as the americans would say.. period

    If its a yield or stop sign, its not that much different, both require looking both ways before proceeding. A driver could come to the stop sign, come to a complete stop, only look right, then go and still have the same scenario as the op`s.


  • Closed Accounts Posts: 13,422 ✭✭✭✭Bruthal


    billyboy01 wrote: »
    Mmm, proving that in court is another story, when the OP car is smashed in the other car on the wrongside of the road!

    One word against another! But the physical evidences of the cars postion is evident!

    Also just because a court might find in one drivers favour does not prove they were actually in the right.


  • Closed Accounts Posts: 270 ✭✭billyboy01


    Just get yourself a Saracen APC, and you will never have to worry about other motorists again!

    I believe the British Army are selling them quite cheaply now!

    It will have Sh*tty MPG, but you cant put a price on Safety!:)


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