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need some info

  • 23-06-2006 4:44pm
    #1
    had a tip
    Closed Accounts Posts: 3 ✭


    hi all

    need some info, i was driving along a main rd, when a car from a side road drove out infront of me and i hit him in the side, i was in the yellow box, have i the right of way, plus he tried to tell me i was speeding at the time, at 3pm on the dublin rd on friday afternoon in galway city, i dont think so


Comments

  • #2
    mike65
    Closed Accounts Posts: 88,972 ✭✭✭✭mike65


    Well the driver on the side road has to give way to traffic on the main road, was the yellow box at a junction?

    Mike.


  • #3
    Stark
    Registered Users, Registered Users 2 Posts: 21,083 ✭✭✭✭Stark


    I know a guy who pulled out from a side road before and was hit in the side. The blame ended up with him. While you are on the main road you have right of way over people coming off of sideroads.

    The only thing I could think of that would cause the blame to fall on you is if the area just in front of the yellow box was full and the guy was coming out of the side road and turning right. In which case you shouldn't have entered the yellow box.


  • #4
    bkehoe
    Registered Users, Registered Users 2 Posts: 2,154 ✭✭✭bkehoe


    Was the path in front of you clear, or was the traffic backed up to the edge of the yellow box?


  • #5
    had a tip
    Closed Accounts Posts: 3 ✭had a tip


    backed up


  • #6
    DublinWriter
    Registered Users, Registered Users 2 Posts: 9,560 ✭✭✭DublinWriter


    had a tip wrote:
    backed up
    pwned.


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  • #7
    bazz26
    Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    I'm no legal expert but if this went to court I think that blame would be shared in a case like this, I'd doubt it would be 50 - 50 though. You for blocking a clear way junction and the other guy for not giving right of way to traffic on the main road.

    I could be totally wrong here so my only real useful advice would be to seek legal council from a solicitor if there is a dispute.


  • #8
    maidhc
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    bazz26 wrote:
    I'm no legal expert but if this went to court I think that blame would be shared in a case like this, I'd doubt it would be 50 - 50 though. You for blocking a clear way junction and the other guy for not giving right of way to traffic on the main road.

    I don't think blocking the clearway could seen to have attributed to having caused the accident. Although it is a road traffic offence to be there, it possibly isn't negligent. Often people involved in accidents are found to be negligent due to not wearing a seatbelt, but the damages tend to be reduced only by about 10-30%
    bazz26 wrote:
    ...only real useful advice would be to seek legal council from a solicitor if there is a dispute.

    Indeed.


  • #9
    bkehoe
    Registered Users, Registered Users 2 Posts: 2,154 ✭✭✭bkehoe


    bazz26 wrote:
    I'm no legal expert but if this went to court I think that blame would be shared in a case like this, I'd doubt it would be 50 - 50 though. You for blocking a clear way junction and the other guy for not giving right of way to traffic on the main road.

    I could be totally wrong here so my only real useful advice would be to seek legal council from a solicitor if there is a dispute.

    Most likely imho. You shouldnt have entered the box and should have been planning on stopping before entering the box as the traffic ahead was backed up, however my opinion would be that the other driver is most at fault, as he should have waited untill he was sure it was safe to pull out, and have given way to any traffic on the road. It sounds like he just saw the stationary traffic and pulled out without looking the other way. He was, afterall, still joining a different road, the traffic on which he is supposed to give way to. I certainly never trust people to stop before yellow boxes, and always wait until they're stationary before moving out. The amount of people out there who aparrantly can't see them in shocking.


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