Accident question....

dollybird09

Ok so I was driving on n11, and went around a sharp bend and this idiot was stopped on the bend....... 100kmph or so and I'm jamming on the brakes so I don't slam into the back of her, stopped about a foot away from her car and was just about to get out and shout at her, when I look in mirror and a truck is headed straight for me (as I'm now stopped just around the bend)... life flashed before my eyes and all that, thankfully he barely managed not to crush me to death..

so he gets out, and I hop out too and the silly b*tch is on the phone chatting away oblivious... he started shouting, but I'd got such a fright he ended up giving up on her and asked if I was ok! Nice man...

If it hadn't worked out so well and an accident happened, would she be liable cos she just stopped on a bend when her car couldnt be seen?

Vertakill

Without a doubt yes.

I'd say if it was just you crashing into the back of her and there was no sign of any other witnesses (truck driver etc), she could chance her arm and say you just drove into the back of her while you were both moving!

Would be hard to prove she was stopped.


Glad to hear you and the truck driver avoided anything serious!

veetwin

I would have my doubts on this as to whether she is liable. I would guess that the truck driver is liable. A driver must always be able to stop his vehicle in the distance he can see to be clear. It will be up to the truck drivers insurance co to try and put some of the liability on her

Fishtits

We've all seen it before but...

If you'd run into her the chances are that you'd get done over it. The law is in her favour, each driver is expected to exercise due care, in this case not driving at a speed in excess of which you could stop in the distance you can see.

Law's an ass, bint on the 'phone's a bigger one but there ya go...

The world is full of f*ckwits, its up to you to avoid them.

Wishbone Ash

dollybird09 wrote: »

went around a sharp bend and this idiot was stopped on the bend....... 100kmph or so

I'm afraid you would probably have to take the lions share of the blame. In your own words, you went around a 'sharp bend' at 100kph without knowing what was ahead?

What if it was a broken down truck? Trucks can't be pushed off the road like a car so you can't blame the driver!

bluemachaveli

Wishbone Ash wrote: »

I'm afraid you would probably have to take the lions share of the blame. In your own words, you went around a 'sharp bend' at 100kph without knowing what was ahead?

What if it was a broken down truck? Trucks can't be pushed off the road like a car so you can't blame the driver!

To be fair, the OP was able to stop his car. Sharp bend or not he stopped. Broken down truck would be no different from a car, its plain as day that the silly cow is to blame, but the truck driver will take the blunt of it as he should still have been able to stop.

Esel

Vertakill wrote: »

Without a doubt yes.

Eh......no.

Our man in Havana

In a rear ending accident, the rear ender is always liable.

stevie.enright

Bond-007 wrote: »

In a rear ending accident, the rear ender is always liable.

Always is a wee bit too strong a word Bond-007. I know there have being certain instances where the person in front was held liable. Mind you the circumstances are very very limited as in almost as rare as hens teeth and the onus would be on the party who rear ended the car in front to prove the other party was negligant.

Our man in Havana

Ok, well 99.99% of the time.

Vertakill

esel wrote: »

Eh......no.

Eh.... yes.

Ok the OP was probably going too quickly, however, they WERE able to stop before hitting the stationary car so it's not like the OP was going too fast for the stopping distance etc.

I'm thinking the OP may have exaggerated their first post for dramatic effect and we won't know 100% until they reply (referring to 'sharp bend' and '100km/h'.

Also, the other driver is not allowed on the phone whilst driving, nor is she allowed park the car on a main road. Just because your phone rings does not give you license to ditch your car anywhere you deem fit.

Couldn't tell you how many times I've seen idiots do the most irrational maneuver purely because their phone has started ringing and they need to find somewhere to stop.

I'm assuming here that the parked woman wasn't broken down btw.

But as I said in my first post, the parked car will probably win in an insurance debacle.... whether or not they were in the wrong.


Edit: Also, rethinking this, if both parties insurance companies read this post, I'd say neither would accept liability because both were probably somewhat in the wrong.

Esel

Vertakill wrote: »

...the other driver is not allowed on the phone whilst driving, nor is she allowed park the car on a main road.....

She was not driving, she was stopped. Not allowed to park on a main road??? That's news to me. And technically, she wasn't parked, she was stopped.

Our man in Havana

And technically, she wasn't parked, she was stopped.

That is where solictors and barristers make their money arguing the finer points of law.

jesus christ lads, can no conversation in this forum take place without someone being on a high horse?! wishbone ash, the OP stopped and so did the truck behind him, end of story.

like most other people reading the thread, the legalities of the situation are of more interest to me than your petty and completely unhelpful remarks.

x in the city

dollybird09 wrote: »

Ok so I was driving on n11, and went around a sharp bend and this idiot was stopped on the bend....... 100kmph or so and I'm jamming on the brakes so I don't slam into the back of her, stopped about a foot away from her car and was just about to get out and shout at her, when I look in mirror and a truck is headed straight for me (as I'm now stopped just around the bend)... life flashed before my eyes and all that, thankfully he barely managed not to crush me to death..

so he gets out, and I hop out too and the silly b*tch is on the phone chatting away oblivious... he started shouting, but I'd got such a fright he ended up giving up on her and asked if I was ok! Nice man...

If it hadn't worked out so well and an accident happened, would she be liable cos she just stopped on a bend when her car couldnt be seen?

only in Ireland do e put up with this bollocks, I bet she was blonde also...:rolleyes:

I was driving from newcastlewest towards tralee and some ho on the phone driving about 40km/hr holding up about 100 cars, I passed her out and the blint was oblivious as to what was going on....cant believe how these people are allowed drive

x in the city

veetwin wrote: »

I would have my doubts on this as to whether she is liable. I would guess that the truck driver is liable. A driver must always be able to stop his vehicle in the distance he can see to be clear. It will be up to the truck drivers insurance co to try and put some of the liability on her

If I rammed into her behind I would sue the bitch for all she was worth, any lawyer worth his salt would destroy her.

parked around and a bend on a main road and on the phone...lol

good luck to her in court

Vertakill

esel wrote: »

She was not driving, she was stopped. Not allowed to park on a main road??? That's news to me. And technically, she wasn't parked, she was stopped.

Stopped.. parked...stop trying to nitpick - don't care what word you want to use for it, she was not moving whilst stationery on the road (obviously enough on the road to cause an obstruction to traffic).
If you refer to your rules of the road, you'll find that's not actually allowed, for reasons explained by the OP.

Go out on the M50 and whip on the handbrake in the middle of one of the lanes and take out your phone.
Then time yourself and see how long it takes before someone either runs into the back of you, gets out of their car and beats you to death with your own phone, or the Garda are called in.

"I wasn't parked, I was just temporarily moving at 0mph while I took this phone call !!".

Is there any wonder why we have these types of incidents on the road when there is a large portion of people here who actually question whether or not you're allowed to stop/park on a main road to use the phone?
I'm surprised any of us survive going in and out of work every morning at all.

x in the city

Vertakill wrote: »

Stopped.. parked...stop trying to nitpick - don't care what word you want to use for it, she was not moving whilst stationery on the road (obviously enough on the road to cause an obstruction to traffic).
If you refer to your rules of the road, you'll find that's not actually allowed, for reasons explained by the OP.

Go out on the M50 and whip on the handbrake in the middle of one of the lanes and take out your phone.
Then time yourself and see how long it takes before someone either runs into the back of you, gets out of their car and beats you to death with your own phone, or the Garda are called in.

"I wasn't parked, I was just temporarily moving at 0mph while I took this phone call !!".

Is there any wonder why we have these types of incidents on the road when there is a large portion of people here who actually question whether or not you're allowed to stop/park on a main road to use the phone?
I'm surprised any of us survive going in and out of work every morning at all.

only in Ireland.....

If that happened in German the woman would be jailed id say..

Esel

Vertakill, you obviously believe what you think you know, so I can't be arsed trying to disabuse you.

Vertakill

esel wrote: »

Vertakill, you obviously believe what you think you know, so I can't be arsed trying to disabuse you.

Well considering your first post was only 2 words and your second post consisted of a single line where you said the same thing twice whilst trying to differentiate the differences between parking and stopping.... it's no great loss to the debate that you've stopped 'contributing' here.

Hooch

No the lady wouldnt be liable. She could however be summonsed by AGS for Dangerous Parking contrary to Section 55 of the Road Traffic Act 1961/06. Its the same penalties as regular Dangerous driving.

So report.....report.....report. The lorry driver im afraid is liable for it but she shouldnt ba allowed away with it.

This is a more common problem since the mobile phone law came in in 2006. People get a call and just stop.....anywhere!! Funnyly enough people love stopping on a motorway to answer the phone.....not realising that that too is an offence. Lots of crashes have occured because of it.....and people wonder why Gardaí move them on!

Barr

Whenever you rearend another car you will be found liable , I dont belive there is any exception to this except say the car in front has no working brake lights. Even if this is still the case you wil be 70/80 % liable as you hit them in the rear.

dollybird09

lol at the nit pickers!!

the bend wasn't so sharp that I shouldn't have been doing speed limit on the road, only reason I couldn't see was cos the twat stopped on her phone was driving a little box type fiat car that was lower than the barrier around edge of road...

It's interesting to hear people's opinions on this... I know I should have been more alert going around a bend but god how someone couldn't be liable for just stopping on a dual carraige way is beyond my comprehension!!

veetwin

x in the city wrote: »

If I rammed into her behind I would sue the bitch for all she was worth, any lawyer worth his salt would destroy her.

parked around and a bend on a main road and on the phone...lol

good luck to her in court

If you rammed into her from behind the only person getting sued is you.

I think most of us agree at this stage that the truck driver is liable. The lady on the phone may be guilty of dangerous parking but its unlikely she would have any liability to the OP

aujopimur

Broken down truck ----warning triangle

These should be compulsary in all vehicles.

Barr

dollybird09 wrote: »

lol at the nit pickers!!

the bend wasn't so sharp that I shouldn't have been doing speed limit on the road, only reason I couldn't see was cos the twat stopped on her phone was driving a little box type fiat car that was lower than the barrier around edge of road...

It's interesting to hear people's opinions on this... I know I should have been more alert going around a bend but god how someone couldn't be liable for just stopping on a dual carraige way is beyond my comprehension!!

Logically I would agree , an idiot parked on a bend should be held accountable but from an insurance point of view they dont look at it like that.

squod

x in the city wrote: »

only in Ireland do e put up with this bollocks, I bet she was blonde also...:rolleyes:

I was driving from newcastlewest towards tralee and some ho on the phone driving about 40km/hr holding up about 100 cars, I passed her out and the blint was oblivious as to what was going on....cant believe how these people are allowed drive

I once heard rumours of fines being issued for people holding up lines of vehicles. I hope this legislation come into effect soon. OP I'd say best thing to do is to shout the bleedin' obvious at the driver of the stopped vehicle.

RustyNut

veetwin wrote: »

A driver must always be able to stop his vehicle in the distance he can see to be clear.

She might have ran out of fuel, broken down, or just be thick as a plank but if you manage to hit a stationary object its your fault. Expect the unexpected :eek:

Vertakill

veetwin wrote: »

I think most of us agree at this stage that the truck driver is liable.

How have you pieced that together?

The truck driver did the EXACT same thing as the OP. He was forced into an emergency stop due to a car (the OP's) obstructing the road, as a result of the parked car.

http://www.rulesoftheroad.ie/rules-for-driving/parking/illegal-or-dangerous-parking.html

Dangerous parking

If you park in a way that is likely to cause danger to other road users, for example, if it forces a pedestrian out onto the roadway, a Garda can decide that this is dangerous parking and prosecute you. If you are convicted of this offence, you will receive five penalty points.

You guys are telling me that what the parked car did is fine despite the fact it warrants a 5 point penalty on your license?

Don't get me wrong, as I said earlier, if it was an insurance case and you had no witnesses it would be very difficult to win because you (could have) rear ended them.. however there is a truck driver that was also involved here so he can vouch for it.

testarossa40

dollybird09 wrote: »

lol at the nit pickers!!

the bend wasn't so sharp that I shouldn't have been doing speed limit on the road, only reason I couldn't see was cos the twat stopped on her phone was driving a little box type fiat car that was lower than the barrier around edge of road...

It's interesting to hear people's opinions on this... I know I should have been more alert going around a bend but god how someone couldn't be liable for just stopping on a dual carraige way is beyond my comprehension!!

What did she say when ye both hopped out and confronted her?

Esel

The vehicles in the case under discussion here were stopped, not parked. There is a difference. My understanding is that a parked vehicle is unattended, while a stopped vehicle is not. Wikipedia (I know, I know) defines parking as "the act of stopping a vehicle and leaving it unoccupied for more than a brief time" (underlining mine).

This link (from Canada, admittedly, but I'm sure the distinction applies here too). Another non-Irish link.

Two links from IrishStatuteBook.ie which indicate that there is a difference between stopping and parking:

1. see (2)(b) and (2)(i)

2. "...restriction and prohibition of the parking and stopping of vehicles..."

dollybird09

testarossa40 wrote: »

What did she say when ye both hopped out and confronted her?

she just said she stopped to take an important call! dumb ****

Hooch

esel wrote: »

The vehicles in the case under discussion here were stopped, not parked. There is a difference. My understanding is that a parked vehicle is unattended, while a stopped vehicle is not. Wikipedia (I know, I know) defines parking as "the act of stopping a vehicle and leaving it unoccupied for more than a brief time" (underlining mine).

This link (from Canada, admittedly, but I'm sure the distinction applies here too). Another non-Irish link.

Two links from IrishStatuteBook.ie which indicate that there is a difference between stopping and parking:

1. see (2)(b) and (2)(i)

2. "...restriction and prohibition of the parking and stopping of vehicles..."

In Ireland parking incudes "use" in the definations under the RTA. Use includes the stopping of a vehicle. Dangerous parking most certainly covers this.

x in the city

she would still be ****ed over in court anyway, what with the op and a truck to vouch for her stupidity

And I met another ho today, holding up the road like she was fekin some goddamn prince of wales

when my turn came to pass her out, I saw about 5 fluffy pillows in the back window, the ho couldn't see a flippin thing, and yes.. she was also blonde...:rolleyes:

Whats worse is the blint was in the middle of the road, I had to blare my horn for about 10 seconds to get her attention that she was like, helllooo in the middle of the road.

wimmins....

FAIL

Anan1

Vertakill wrote: »

You guys are telling me that what the parked car did is fine despite the fact it warrants a 5 point penalty on your license?

I don't think anybody thinks what the stopped car did was anything other than highly dangerous. That said, both the OP and the truck driver should have been (and were able to) stop within the distance they could see to be clear. Let's face it, a large part of safe driving is being able to safely deal with the stupidity of others.

markpb

Anan1 wrote: »

Let's face it, a large part of safe driving is being able to safely deal with the stupidity of others.

This is so true it needs to be repeated over and over again. Yes what the woman did was wrong but every driver is still responsible for being able to stop (as the OP was) and for driving at a speed that allows them to stop. It's not any other drivers responsibilities to keep you alive.

PCPhoto

I cant believe that no-one has mentioned that it would be considered "contributary negligence" on her behalf if she had caused an accident....yes people have blamed the female-on the phone driver saying it would be her fault.

In a court of law (Irish) .... she would be held in some way accountable for causing an accident (if it had happened) ...... IF she was identified and Gardai were involved.

Recently there has been an increase in the number of "set up" crashes ..... Driver A (Stops Dead while travelling at reasonable speed) ....Driver B jams on the brake either narrowly stopping short or actually hitting Driver A .....Driver C (the person who gets shafted) ....hits the back of Driver B .....Driver A disappears and cannot be held accountable ...so Driver C in essence hits the back of Driver B. (with the usual whiplash injuries to follow)

Be Careful out there on them roads.