Whos in the right here.

Hellrazer · 13-02-2011 11:34am #1

Attached a crap paint mock up of something that happened about 15 minutes ago.

Im still shaking after this one.Really though I was a goner while this was happening.--You know that whole life flashing before you--well its true.
I was even more worried since I had the 3 kids in the car with me.

Look at the pic.

Im travelling straight on,had to overtake a parked car that was right opposite this junction to my right so Im on the opposite side of the road.

This car flies out of the junction without stopping--there is a stop sign there and not a yield sign--I went back to check.

However the other driver starts roaring at me that Im in the wrong because Im on the opposite side of the road-I think Im right since its a stop sign and not yield--Btw there was nothing coming from the opposite direction so I was safe overtaking this parked car.

So boardsies help me out here--Whos right and whos wrong?

Wats_in_a_name · 13-02-2011 11:38am

From what I can see. You were right.

biko · 13-02-2011 11:42am

Had he stopped properly at the stop sign he would have seen you and not moved onto the road.

CiniO · 13-02-2011 11:45am

It doesn't make any difference in this situation if there's a stop sign or yield sign. Boot mean for the other driver that he has to yield to the traffic on the main road, with clause that if there's stop sign he has to stop before carrying on.

You were on the main road, so if there was an accident it would be his fault.
On the other hand you are not allowed to overtake while approaching the junction.
But still on the other hand you were not really overtaking (I'd don't think that passing car which is parked can be called "overtaking"). You were just passing the parked car.
But maybe someone can confirm how overtaking is defined in road traffic act, as I didn't find it.

Hellrazer · 13-02-2011 11:45am

Cheers for that.You know when you think youre right but theres a small doubt that you might not me..thats why I had to ask here.

As I said definately a stop sign at the junction.

MagicMarker · 13-02-2011 11:46am

He was wrong.

JOSman · 13-02-2011 11:47am

He legally obliged to stop at a stop sign. Your in the right. It seems that he's trying to bully you.

gpjordanf1 · 13-02-2011 11:50am

Hellrazer wrote: »

Attached a crap paint mock up of something that happened about 15 minutes ago.

Im still shaking after this one.Really though I was a goner while this was happening.--You know that whole life flashing before you--well its true.
I was even more worried since I had the 3 kids in the car with me.

Look at the pic.

Im travelling straight on,had to overtake a parked car that was right opposite this junction to my right so Im on the opposite side of the road.

This car flies out of the junction without stopping--there is a stop sign there and not a yield sign--I went back to check.

However the other driver starts roaring at me that Im in the wrong because Im on the opposite side of the road-I think Im right since its a stop sign and not yield--Btw there was nothing coming from the opposite direction so I was safe overtaking this parked car.

So boardsies help me out here--Whos right and whos wrong?

He had to stop at the Junction, end of story.

You had no choice but to pass a parked car, it was parked right?

So dont doubt yourself, go back now and tell him he was an ass and to hand in his licence to the nearest Garda station!

CiniO · 13-02-2011 11:50am

JOSman wrote: »

He legally obliged to stop at a stop sign. Your in the right. It seems that he's trying to bully you.

What difference would it make if there was yield sing instead of stop sign?

daber · 13-02-2011 11:51am

Your in the right on this one

jimmyw · 13-02-2011 11:51am

Well if there is a stop sign at the end of his road, so he should have stopped at this.You had the right of way.But maybe I am been a bit harsh on the guy, just maybe he cant READ!!.I don't see anything wrong with you OP.

bmarley · 13-02-2011 11:51am

He was definitely in the wrong there. Not a great place to park a car though, people park in the oddest of places.

daber · 13-02-2011 11:55am

Its generally yield right of way, seeing as the car was comin from the left the situation would have been different wit a yield sign

Hellrazer · 13-02-2011 11:56am

gpjordanf1 wrote: »

You had no choice but to pass a parked car, it was parked right?

!

Definately--no one in it.

Ive been at the residents association about this junction for a while now.Yellow lines on the side of the road opposite this junction would solve this problem once and for all before someone is killed.

Its not the first times Ive seen a car fly out of that junction without stopping.

-Corkie- · 13-02-2011 11:57am

Same as above he was wrong. He should have stopped even if their was a yield sign at the junction. I hope you got his number.

Hellrazer · 13-02-2011 11:58am

-Corkie- wrote: »

Same as above he was wrong. He should have stopped even if their was a yield sign at the junction. I hope you got his number.

Not much good reporting it now.But I`ll know for the next time.

gpjordanf1 · 13-02-2011 11:59am

Hellrazer wrote: »

Its not the first times Ive seen a car fly out of that junction without stopping.

I wonder was it the same genius? Probably....

CabanasBoy · 13-02-2011 12:04pm

You should drop into your local cop shop and report him for the verbal abuse (if you have his reg).
They can't do anything to him but they can and will look up his details and make a phonecall to him (I've seen them do it in my local station), it might put manners on him the next time.

BrianD3 · 13-02-2011 12:19pm

I've seen this sort of thing happen numerous times. Sloppy driving on his part. Too lazy to check both ways before pulling out. He is at fault but its possible that you might also be deemed to have committed an offence for overtaking at a junction. The fact that you overtook an "obstruction" rather than a moving vehicle would be in your favour.

The driver of the parked car also committed an offence. Personally I would like to see zero tolerance shown to drivers who park at junctions (and on bends, hills, beside ped crossings etc.)

Anan1 · 13-02-2011 12:37pm

Hellrazer wrote: »

Cheers for that.You know when you think youre right but theres a small doubt that you might not me..thats why I had to ask here.

As I said definately a stop sign at the junction.

Legally, you're in the right. That being said, it sounds like you were driving too fast for an overtake right before a junction. Very dangerous place to park, TBH.

Kevin Duffy · 13-02-2011 12:50pm

Anan1 wrote: »

That being said, it sounds like you were driving too fast for an overtake .

What do you base that on? Just a wild assumption? There's no speed mentioned, speed is not a factor in any way in the incident that the OP has mentioned and given that both cars could stop, it seems that the lack of speed may have saved them both from a collision. He also wasn't overtaking, he was passing an obstruction - you have a choice whether to overtake or not, you don't have a choice about passing an obstruction unless you want to turn back.

OP, you were in the right and I'd guess the other driver's reaction comes down to getting a fright, which may make them be more careful in future and we can all be glad the lesson was learned with no harm to any of you.

Anan1 · 13-02-2011 1:03pm

Kevin Duffy wrote: »

What do you base that on? Just a wild assumption? There's no speed mentioned, speed is not a factor in any way in the incident that the OP has mentioned and given that both cars could stop, it seems that the lack of speed may have saved them both from a collision. He also wasn't overtaking, he was passing an obstruction - you have a choice whether to overtake or not, you don't have a choice about passing an obstruction unless you want to turn back.

The OP said that they almost hit the other car, and they clearly got a bad fright. Had they overtaken the parked car more slowly, this would have been avoided. The OP appears happy to see what can be learned from this, (which IMO is a mark of a good driver), so I don't see why you're getting so excitable.

Kevin Duffy · 13-02-2011 1:11pm

Anan1 wrote: »

The OP said that they almost hit the other car, and they clearly got a bad fright. Had they overtaken the parked car more slowly, this would have been avoided. The OP appears happy to see what can be learned from this, (which IMO is a mark of a good driver), so I don't see why you're getting so excitable.

Huh? If I criticise you assessment, which was based on an assumption of speed being a factor, that doesn't make me "excitable", it means I think you're wrong. You've repeated the same mistake too, so you really have it wrong. The OP said the other car came flying out of the junction. So, the OP's speed wasn't at issue, the cause of the near miss was the other driver's actions, the combined speed was sufficiently low for the both to stop and avoid the possible collision.

Your assement is way off, as is your assesment of my observation of your assessment.

Anan1 · 13-02-2011 1:15pm

Kevin Duffy wrote: »

Huh? If I criticise you assessment, which was based on an assumption of speed being a factor, that doesn't make me "excitable", it means I think you're wrong. You've repeated the same mistake too, so you really have it wrong. The OP said the other car came flying out of the junction. So, the OP's speed wasn't at issue, the cause of the near miss was the other driver's actions, the combined speed was sufficiently low for the both to stop and avoid the possible collision.

Your assement is way off, as is your assesment of my observation of your assessment.

With respect, i'll leave that to Hellrazer to decide.;)

Bruthal · 13-02-2011 1:21pm

Whats probably happened there is he looked right and was turning left, and with no car coming from the right he went to go left but never looked left because he was thinking he can turn left now not expecting a car to be on his side of the road.

There is not a lot of difference between it being a stop or a yield sign, he should of had a good look both ways, so he was in the wrong fully alright, as long as you were not flying past the parked car without caution.

Was he around the corner and all before he seen you op?

Damien360 · 13-02-2011 1:23pm

Not sure why everyone is getting so upset. The driver coming out of the junction did the irish thing of just looking to his right and failed to look to his left also. He failed to stop at a junction to a main road, he failed to observe correctly, no agrument, he is in the wrong. Even if OP was horsing it down the road at speed, the driver out of the junction still failed to correctly observe.

I see this situation every day as there is a shop directly opposite the exit of our housing estate and many a fool will park directly at the junction. The amount of people who fail to look to their left as they come to the exit is mind boggling. When I have to come off the main road to enter the estate, I have had to use the horn to warn them and I still get dirty looks wondering why I had to cut the nose of their car to get in to the estate.

Bruthal · 13-02-2011 1:27pm

Damien360 wrote: »

Not sure why everyone is getting so upset. The driver coming out of the junction did the irish thing of just looking to his right and failed to look to his left also. He failed to stop at a junction to a main road, he failed to observe correctly, no agrument, he is in the wrong. Even if OP was horsing it down the road at speed, the driver out of the junction still failed to correctly observe.

Thats true alright, but if the op was flying past the parked car without caution required at a junction, they could be partly at fault in a collision. You cant just say if the other driver makes a mistake then its 100% his fault if the OP was flying along, which i doubt they were here though.

deman · 13-02-2011 1:31pm

CiniO wrote: »

What difference would it make if there was yield sing instead of stop sign?

Get out you Rules Of The Road book, if you have one.

Bruthal · 13-02-2011 1:33pm

deman wrote: »

Get out you Rules Of The Road book, if you have one.

Well it really does make little difference in this case, exiting into a main road requires looking both ways whether its a stop or a yield.

Damien360 · 13-02-2011 1:36pm

robbie7730 wrote: »

Thats true alright, but if the op was flying past the parked car without caution required at a junction, they could be partly at fault in a collision. You cant just say if the other driver makes a mistake then its 100% his fault if the OP was flying along, which i doubt they were here though.

The primary cause of the accident would be driver coming out of junction failing to observe. The fact that a driver on the main road is speeding is not relevent to the cause of the accident but would be very much relevent to the amount of damage caused. Unless the accident involved serious injury or death then it would be left to insurance companies rather than guards. They would look at it coldly and say person failed to follow correct observation when exiting junction on to the main road. It would'nt make much common sense but when did the courts ever follow common sense.

Alanstrainor · 13-02-2011 1:41pm

Glad you're okay Hellrazer, there is a car near me that always parks on a junction exactly as you've described. It's in an estate so there's never much speed involved, but i've seen far too many close calls at that junction as a result of this inconsiderate numpty's parking.

CiniO · 13-02-2011 1:49pm

deman wrote: »

Get out you Rules Of The Road book, if you have one.

I know ROTR.

But I can't see any difference in mentioned situation.
In both cases driver from secondary road has to yield to vehicles driving on the main road.
Requirement to stop before carrying on if there was stop sign, doesn't make any difference.
I there was yield sign instead of stop sign, it would be the other car's fault as well.

Bruthal · 13-02-2011 1:52pm

Damien360 wrote: »

The primary cause of the accident would be driver coming out of junction failing to observe. The fact that a driver on the main road is speeding is not relevent to the cause of the accident but would be very much relevent to the amount of damage caused. Unless the accident involved serious injury or death then it would be left to insurance companies rather than guards. They would look at it coldly and say person failed to follow correct observation when exiting junction on to the main road. It would'nt make much common sense but when did the courts ever follow common sense.

Speeding on the main road could be very relevent to whether an accident occured or not. Your supposed to approach a junction with caution and observation, not proceed through it as if out on the open road.

A primary cause of an accident does not absolutely mean that the driver that was the primary cause was 100% at fault. If a driver on the main road was doing 100kph and the limit was 50, then they would have some blame in an accident. This does not apply here most likely, but caution is required when in situations such as this.

Just left to the insurance companies it would be as you say though. But that would not change the actual cause of the accident being someone not observing from secondary road combined with the primary road driver not proceeding with caution and safe speed.

Anan1 · 13-02-2011 1:55pm

The older I get the more important staying alive becomes, relative to being right.

Bruthal · 13-02-2011 2:01pm

Anan1 wrote: »

The older I get the more important staying alive becomes, relative to being right.

We cant always be right though. Any driver that thinks they never make mistakes is fooling themselves. That not looking left one is a common one, as drivers dont expect to see a car on the wrong side of the road as they turn left. That does not lake it correct of course, but most have done it sometime.

Hellrazer · 13-02-2011 2:31pm

Anan1 wrote: »

Legally, you're in the right. That being said, it sounds like you were driving too fast for an overtake right before a junction. Very dangerous place to park, TBH.

It wasnt an overtake -- it was basically going around a stationery vehicle.

I was doing less than 10 mph but the other driver was flying straight at me side on.

It was in an estate and because Ive seen this in the past I know to crawl past the junction especially if something is parked opposite it.

It was more of the other blokes reaction that got me going.

Bruthal · 13-02-2011 2:36pm

Hellrazer wrote: »

It wasnt an overtake -- it was basically going around a stationery vehicle.

I was doing less than 10 mph but the other driver was flying straight at me side on.

It was in an estate and because Ive seen this in the past I know to crawl past the junction especially if something is parked opposite it.

It was more of the other blokes reaction that got me going.

I think other drivers react as if they are in the right even when they know they are not because they get a fright, or in some cases its because they think they are right, but clearly here you are fully in the right. The driver who parked there must be a bit on the 'lacking intelligence side.

Hellrazer · 13-02-2011 2:37pm

Anan1 wrote: »

The OP said that they almost hit the other car, and they clearly got a bad fright.

Nope the other car almost hit me side on-dont think I mentioned anywhere that I nearly hit them.At the speed he was travelling I would have taken the full force on the drivers door and doubt Id have walked away from it.

Had they overtaken the parked car more slowly, this would have been avoided.

Youre right the only reason I didnt get hit was probably because I was going so slow becaue Ive seen cars fail to stop at that junction at least once a week.

The OP appears happy to see what can be learned from this, (which IMO is a mark of a good driver), so I don't see why you're getting so excitable.

The thing Ive learned is that I wasnt in the wrong.I did everything by the book so to speak but I did get the fright of my life.

slimjimmc · 13-02-2011 2:54pm

daber wrote: »

Its generally yield right of way, seeing as the car was comin from the left the situation would have been different wit a yield sign

deman wrote: »

Get out you Rules Of The Road book, if you have one.

deman: What part of the RoR says you can to enter a road without ensuring it was safe to do so and without inconvenience to traffic on that road?

You must yield to all traffic already on that road if you are going to enter their path regardless of the direction they're coming from.
The other driver had zero right to enter the OP's road without ensuring it was safe to do so and without inconvenience to traffic on that road. If he had done so he would have seen the OP pass or begin to pass the parked car and should have waited.

Seriously, I'm astounded at some people's poor knowledge of fundamental traffic law and road safety.

smemon · 13-02-2011 3:07pm

Potentially a bit of a gray area this imo. Judging by his reaction, OP was in the right and yes he probably did fly out without paying too much attention to stop sign (this happens ALL the time in my estate, plus people cut corners too which is equally as dangerous).

But just for augments sake, let's say the OP had stopped behind the parked car temporarily or slowed down significantly. OP couldn't see the car at junction and car at junction couldn't see the OP.

So in that case, the car at junction is blinded but can't see any cars moving so it edges out whilst at the same time the OP goes to overtake. I know this is a little unrealistic but let's say it's lorry parked there so everyone is blinded...

Now in that situation it's 50-50 imo, there's no rule book which says who's in the right because it's a gray area. Ok, OP is on the 'main' road, but the guy pulling out sees nothing and ends up on the main road on the correct side whilst the OP is now caught on the 'wrong' side...

Hypothetical situation and like i said at the start, OP was almost certainly in the right here simply based on other guy's reaction which suggests he thinks he owns the road and was deliberately trying to manufacture a situation where he knew the OP would end up on the wrong side of the road, therefore giving him the opportunity to verbally attack... some people get a kick out of that...

rescue16 · 13-02-2011 3:46pm

Anan1 wrote: »

Legally, you're in the right. That being said, it sounds like you were driving too fast for an overtake right before a junction. Very dangerous place to park, TBH.

How do you know he/she was driving to fast ? Have i missed something in the original post or asi did not see anything about driving too fast or what speed she was driving at all. To the op if you have his reg then report him as it will come on there system the next time they come accross him and from what i have just read he will cross paths with the cops soon.

rescue16 · 13-02-2011 3:50pm

Anan1 wrote: »

With respect, i'll leave that to Hellrazer to decide.;)

That would be wise as clearly you have no idea what you are on about .

Alanstrainor · 13-02-2011 3:52pm

rescue16 wrote: »

How do you know he/she was driving to fast ? Have i missed soemthing in the original post or something did not see anything about driving too fast or what speed she was driving at all.

The op has already cleared this up for us; there's no need to go around in circles.

Bruthal · 13-02-2011 3:55pm

daber wrote: »

Its generally yield right of way, seeing as the car was comin from the left the situation would have been different wit a yield sign

I think your confused by the word "right" in the yield right of way rule. It means the traffic on the road you are about to enter has the right of way over the traffic on the road you are leaving. It does not just mean yield to traffic on your right.

rescue16 · 13-02-2011 4:00pm

Alanstrainor wrote: »

The op has already cleared this up for us; there's no need to go around in circles.

Ya i spotted that thanks.

corktina · 13-02-2011 4:08pm

another vote for you.....he has an obligation to look where he is going!

dmca77 · 13-02-2011 4:13pm

After all hell razor you were on the wrong side of the road.
Any chance you were on your mobile at the time????

Hellrazer · 13-02-2011 4:17pm

dmca77 wrote: »

After all hell razor you were on the wrong side of the road.
Any chance you were on your mobile at the time????

Think I was texting you at the time--fooker

-Corkie- · 13-02-2011 4:17pm

dmca77 wrote: »

After all hell razor you were on the wrong side of the road.
Any chance you were on your mobile at the time????

Did you not see his post. He was eating his breakfast roll aswell when it happened...:rolleyes:

Bruthal · 13-02-2011 5:13pm

-Corkie- wrote: »

Did you not see his post. He was eating his breakfast roll aswell when it happened...:rolleyes:

Are ye not allowed eat breakfast rolls when driving:eek:, once its a yield right of way i thought its ok:D

ZENER · 13-02-2011 9:33pm

I once saw a woman driving at speed while applying makeup with BOTH HANDS!!!! It scared me so badly, I dropped my razor into my coffee which then spilled on my crotch causing me to drop my toast that I was holding in my other hand resulting in me dropping my fag on the seat burning a hole in the leather and ruining a good pair of jeans . . crazy b***h !!!

K

Whos in the right here.

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