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Nearly Creamed, Who was at fault?

  • 07-11-2009 10:42pm
    #1
    recycler1
    Closed Accounts Posts: 113 ✭✭


    Another question for Garda Members.
    I had a (very) near miss in Limerick today. I went to turn right into Dooradoyle Leisure centre, cutting across stationary traffic via a hatched yellow box outside the entrance. There was only one "official" traffic lane on the other side of the road. However, a car was undertaking the stationary line of traffic at speed, using the road and bicycle lane. I wasn't expecting this and partially turned into his path.
    In Your opinion, who would have been at fault, if there had been an accident??


Comments

  • #2
    TheNog
    Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    The other driver would have been at fault as he was driving carelessly at the very least for undertaking as well as driving on a bicycle lane. Not sure if it is an offence to drive on a bike lane though.

    If the other driver was a cyclist now that would be a different story.


  • #3
    recycler1
    Closed Accounts Posts: 113 ✭✭recycler1


    TheNog wrote: »
    The other driver would have been at fault as he was driving carelessly at the very least for undertaking as well as driving on a bicycle lane. Not sure if it is an offence to drive on a bike lane though.

    If the other driver was a cyclist now that would be a different story.

    Yeah, that's what I thought, once I got over my fright.
    He was booting it, that's why he nearly hit me.
    It wouldn't have been an issue, had it been a bicycle - there would have been plenty room.

    I'm a bit surprised that it's not an offence to drive on a bike lane.
    Means they're of little value, IMO.

    Thanks for the reply.


  • #4
    TheNog
    Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    recycler1 wrote: »
    I'm a bit surprised that it's not an offence to drive on a bike lane.
    Means they're of little value, IMO.

    I never said its not an offence. I said Im not sure if it is an offence. Being stationed in a country station where we dont have bicycle lanes I havent come across that situation. Some of the folks who are from city stations where there are bicycle lanes may know more than me.


  • #5
    david
    Registered Users, Registered Users 2 Posts: 3,691 ✭✭✭david


    Are you sure he wasn't overtaking on the left to take the same turn as you?

    I was told by a member of AGS that if there's a dashed white line (normally found approaching junctions) in a cycle lane it's fair game to drive in it when there isn't enough space to avoid driving in it.


  • #6
    Whitewater-AGS
    Registered Users, Registered Users 2 Posts: 315 ✭✭Whitewater-AGS


    david wrote: »
    Are you sure he wasn't overtaking on the left to take the same turn as you?

    I was told by a member of AGS that if there's a dashed white line (normally found approaching junctions) in a cycle lane it's fair game to drive in it when there isn't enough space to avoid driving in it.

    Thats correct broken white line on the outside of the cycle lane and you can drive in it, solid white like on outside of bike lane keep your wheels out basically.


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  • #7
    recycler1
    Closed Accounts Posts: 113 ✭✭recycler1


    david wrote: »
    Are you sure he wasn't overtaking on the left to take the same turn as you?
    He was going MUCH too fast to be able to turn left. He was going on straight towards Dooradoyle.

    david wrote: »
    I was told by a member of AGS that if there's a dashed white line (normally found approaching junctions) in a cycle lane it's fair game to drive in it when there isn't enough space to avoid driving in it.

    I don't know whether the line is dashed, or solid, it's not a turn I've taken before. The road does widen, further on, to give one lane for turning right into the shopping centre and one for going straight on.

    In any case, it would appear that undertaking at that point on the road is common. (I looked again, later on.) This means that its not safe to turn right into the Leisure Centre, when traffic is backed up on the official lane. If it is legal, which I doubt, then there should not be a hatched box there. In any case, I won't attempt it again.

    I wonder if any Limerick-based member of AGS would care to comment?


  • #8
    eroo
    Registered Users, Registered Users 2 Posts: 4,084 ✭✭✭eroo


    Was anyone else expecting something totally different?


  • #9
    Jumpy
    Registered Users, Registered Users 2 Posts: 7,606 ✭✭✭Jumpy


    If it was still an official lane, then its up to you to ensure there is no oncoming traffic. You would have still turned into his path. There is no "undertaking" as you say, both lanes have equal status.
    Unless you could prove he was speeding then you are at fault. It was his right of way.

    EDIT: If it was a permanant cycle lane then ignore my above comment. If it was an out of hours bus/cycle lane, then the above comment stands.


  • #10
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    eroo wrote: »
    Was anyone else expecting something totally different?

    No.


  • #11
    recycler1
    Closed Accounts Posts: 113 ✭✭recycler1


    Jumpy wrote: »
    If it was still an official lane, then its up to you to ensure there is no oncoming traffic. You would have still turned into his path. There is no "undertaking" as you say, both lanes have equal status.
    Unless you could prove he was speeding then you are at fault. It was his right of way.

    EDIT: If it was a permanent cycle lane then ignore my above comment. If it was an out of hours bus/cycle lane, then the above comment stands.

    At that point in the road there is NO marking for a second lane. There is a permanent cycle lane and a general traffic lane. The traffic was stopped and I moved to turn right, quite slowly. I was being careful, but I'd never turn there again, unless the road was clear (i.e. no backed up traffic) in the other direction.


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