Right of way when parking

leahcim

I had an incident today.

Was driving in my housing estate towards my house, stopped outside and started to reverse into my my parking space.

I normally have to go to the middle of the road before reversing to get the angle right so I don't clip the cars parked either side of my space.

Then a car coming behind me cutting in between me and the space as I was reversing in. He beeped his horn at me when he saw I was reversing.

see picture



I have I feeling I should have given way and would be at fault in an accident as I was blocking the road.

Can anybody confirm the situation?

dragonbet

We were reversing a wide load into a yard off a busy street a few years ago, the car at the top of the queue made a dart for it and got through the gap while we were mid way though the manoeuvre. A cop car about 4 cars back in the queue followed him and done him. I cant remember exactly what it was for but I think it was driving without due care and attention..... it would seem like the same basis for your case.


Personally I woulda put the foot down and mauled the prick into a lamp post if I'd seen him in time.... HGV vs Honda Civic.

Anan1

My guess is that he just didn't know your plan was to reverse into that space. FWIW though, I don't think you should have to go far enough out that a car could fit in that space, only the nose of your car should have to cross onto the opposite side of the road.

Paulw

From how you explain it, and the diagram, I would say that he is in the wrong. Driving without due care and attention. It would be similar to him driving in to the back of you.

Does your car have reverse lights?

tja

Haven't a definitive legal answer for you but my interpretation is that it depends how near the car following is to you.

If he is close behind (obviously 'close' is open to interpretation) I would say the correct procedure is to indicate left, stopping parallel to the margin in front of your intended parking space. This will allow the car to overtake you and then you can begin your manoevure when the road is clear.

However if the car has arrived on the scene while you are mid manoevure and has driven into "the gap", then as dragonbet has stated he would be at fault for any accident.

dragonbet

Your car seems very far out on the diagram, how about a point of impact drawing????

leahcim

how about a point of impact drawing

We didn't crash, it was close enough though.

Your car seems very far out on the diagram

Its a narrow road. To reverse in safely you would effectively be blocking the road.

Cookie_Monster

i think you're in the right and it just him being an impatient tosser or simply not paying attention

dragonbet

leahcim wrote: »

We didn't crash, it was close enough though.



Its a narrow road. To reverse in safely you would effectively be blocking the road.

Ohhhhh, well in that case the right of way goes to the bigger car or the bigger balls.... or a combination of both. Something like a game of chicken...!!!

Seriously though, the car coming behind is required to give a reasonable amount of time or a right of way to you.... I'll take it for granted your not one of those drivers who over thinks every move and takes more than 5-10 seconds to get the car into reverse!

Berty

This happens quite a lot with my car because the little slits of white light the audi a4's rear lights give off is useless.

cascade35

My thoughts are you were in the right. The car behind is supposed to leave enough space between him and the vehicle in front to allow him to stop if you brake hard etc....

eddieham

Exact same thing happened to me, except we did collide!
In a multistory private car park.
Prior to beginning manoueuvre I looked behind and she definitely wasnt there, began moving and was looking over left shoulder as reversing then bang.
She tried to squeeze between me and the parked cars as I was moving :eek:
Gards were called by me, but as it was private property wouldnt get involved.
Insurance said as I was reversing I would beat least 80% liable regardless.
Still cannot believe this 1) that she was so impatient to try and squeeze between as I was moving 2) she was adamant I should have stopped to let her go 3) As I was reversing I am considered at fault.
I do appreciate that had I repeatively scanned all round I would have saw her, but if I ever see some one parking or manoeuvring I will wait and let them complete especially in multistories.

PS her husband arrived towards the end and went through her in front of everyone for being so impatient

trad

So, if I get this thread right, a car reversing against the flow of traffic has the right of way, interesting.

I think you are mixing up rights of way issues with good driving manners.

eddieham

Despite looking into this after my incident still not sure as to "right of way"
I asked two friends who are both in the traffic core and both said that they were not sure of the exact position re R.O.R. but both parties could be done for driving without due care and attention, but neither had ever come across such an incident.
I did ask them to check up the exact rule/law but they never got back to me.
In my case rules of the road did not apply as I was on private property, as per the gard who attended the scene on the day, but leaving this aside I still dont know for sure.

I appreciate their is a difference between rights of way issues with good driving manners, I know what the manners should have been but dont know on the rights of way, yet!

bazzachazza

Try a different way of reversing into your spot so its very obvious what your doing. I'll try my best to explain.

Approach the spot as you normally would but instead of going into the middle of the road turn your car so its rear is facing your spot. So first turn is full lock to the right so your rear points into empty spot but is only 2ft max from the opening to your spot.

Then reverse into your spot this way cars from both directions can see what your doing and there is no room to pass behind.

Plus its quicker and easier to do.



I tried drawing it but i'm no Rolf Harris;)

Don't forget to indicate correctly.

biko

When reversing you always have to give way.

daveharnett

Op, were you indicating?

eddieham

when I looked into it before I did find that the Rules of the road state that "when reversing you must give way"

Road traffic act states
Careless driving.
52.—(1) A person shall not drive a vehicle in a public place without due care and attention, or without reasonable consideration for other persons using the place.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Therefore in my case, had we being on public roads, both of us could have been guilty of the above, if charged. This was a gards thought at the time anyway.

Now we have 3 variables; Road Traffic Act, Rules of the Road and Good Driving Manners which are all seperate.

seamus

The road traffic act states that:

12. (1) Before reversing, a driver shall ensure that to so reverse would not endanger other traffic or pedestrians.

Oddly enough, I couldn't find a regulation which specifically stated that reversing drivers were required to give way to other vehicles, but you could argue that's covered by the above. Certainly, reversing when there's a vehicle approaching would be "endangering other traffic".

I have a feeling that you would have been in the wrong in a crash because you failed to look and yield before you started reversing, regardless of what the other guy did.

jimmycrackcorm

Were the OP to follow Bazza's advice thenthe situation wouldn't arise. Prevention better than cure.

Wishbone Ash

A reversing vehicle has no right of way and must give way to all other vehicles. Hence the reason why there is no legal requirement to indicate while reversing.

On the other hand, common sense.......

eddieham

I always admitted that I was at fault to some degree, it is just the fact that I am considered 100% at fault that gets me.
I did state that before reversing I checked all round & no one on my level.
She did admit that she came down from an upper level and as she came down the ramp she saw me reversing and still went for it as she felt there was enough room for her to get through and I would stop.
But all of that is irrelevant as I was reversing, end of, as per law and insurance( despite having restricted visibility as opposed to the person who has a clear view of what is happening and drives into it)
This all happened well over a year ago and I have taken it on the chin and consider it a valuable but expensive lesson learned, I was just trying to let the OP now what happened in my case.
As I also did say, the gards I asked did say that if they were pushed by either to prosecute they would have done us both.
Still wonder if I had being an artic' would she have tried it.( Yeah I know I wouldnt be trying to park an artic in a multistory, but you get the idea)

bazzachazza

I'm surprised anyone understood what I was trying to say

dragonbet

Jus buy one of these bad boys..!!!

Vanbis

Wishbone Ash wrote: »

A reversing vehicle has no right of way and must give way to all other vehicles. .

I would have thought the same. I think OP was in the wrong but its hard to know if they were accross the white line of the road or not from the picture they have illustrated. If the OP was then to me the other car has right of way not OP.

dragonbet

trad wrote: »

So, if I get this thread right, a car reversing against the flow of traffic has the right of way, interesting.

Ok, admittedly you probably don't have a legal right of way but just tell the guards you hadnt begun to reverse yet.... therefore you technically werent reversing, meaning they are 100% liable for being a 100% wanker...!!!

mossfort

i had a similar incident 2 years ago in a private car park.
i was reversing out of a space in a commercial jeep and the sun was strong.
a guy in a little van cut in behind me when i was half way out but i couldnt see him because of panels in the back and the strong sunlight .
i left a good dent in his van and paid for the damage. i think its bad manners to drive in around somebody reversing ,its like the people you meet on narrow roads who just stop dead on the road 2ft from the brink and expect you to get past even if your driving an 8ft wide truck.

unkel

mossfort wrote: »

i think its bad manners to drive in around somebody reversing

Yes it is bad manners. But as said, the reversing person would be at fault if an accident happened.

On a side note - I have seen several occasions where it really seemed someone was trying to cause an accident while they were not at fault over the last few months in the Lucan area. I really do not do subscribe to conspiracy theories but it might be an insurance scam plan to provoke an accident and get a payout?

Anyone any similar experiences? Maybe this should be in its own new thread if I'm not alone here?

The-Game

unkel wrote: »

On a side note - I have seen several occasions where it really seemed someone was trying to cause an accident while they were not at fault over the last few months in the Lucan area. I really do not do subscribe to conspiracy theories but it might be an insurance scam plan to provoke an accident and get a payout?

Anyone any similar experiences? Maybe this should be in its own new thread if I'm not alone here?

I haven't witnessed it myself but have actually heard a few stories from people that have suggested a few "accidents" were intentional, i'm sure a thread of its own would fill up!

Anan1

dragonbet wrote: »

Ok, admittedly you probably don't have a legal right of way but just tell the guards you hadnt begun to reverse yet.... therefore you technically werent reversing, meaning they are 100% liable for being a 100% wanker...!!!

If you hadn't begun to reverse then the accident wouldn't have occurred.;)

trad

You are also forgetting that in a lot of instances you commence your reverse into a parking spcae from the incorrect side of the road.