Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Car accident caused by car pulling in front

  • 25-09-2012 8:45pm
    #1
    Builderfromhell
    Registered Users, Registered Users 2 Posts: 1,570 ✭✭✭


    Wondering what the legal position would be where ;

    A driver drives her car from her driveway onto a national road. As she pulls out she notices a car coming at high speed and she stops. The oncoming car skids towards her and then slides into a ditch. What I am wondering is;

    1. Is she partly to blame as it would be hard to dis-prove that she was only partly on the road and there was room to overtake (if the oncoming car was driving at a safe speed).
    2. Is she completly to blame as she needed to come a few feet onto the road to see if there were oncoming traffic.
    3. Is she completely innocent as the driver of the oncoming car should not have been driving at a speed that made stopping or changing direction to avoid a collision very difficult.

    Not asking for legal advice and using above example as typical of many similar situations that might occur.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Who is to blame and what can be proven are completely seperate issues. From how you describe it she is completely to blame. She obstructed the road and endangered traffic. He may lose a portion of a civil case due to his speed contributing to that accident but it would all depend on specific circumstances.


  • #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Number 3. No contact made the driver in the ditch is at fault for being in the ditch. If he'd hit her then the situation would be different. A very similar thread was started not so long ago.

    If she had to pull out slightly to see then AFAIK this is acceptable but it's obviously a matter of degree.


  • #4
    seb65
    Registered Users, Registered Users 2 Posts: 402 ✭✭seb65


    Is there any law in Ireland that says you are not allowed to back out onto a roadway from a driveway?


  • #5
    Builderfromhell
    Registered Users, Registered Users 2 Posts: 1,570 ✭✭✭Builderfromhell


    Thanks for replies.

    Procrastastudy, I have looked at previous thread, for info on similar cases, but not found anything. Were you referring to the threads about pedestrians never being at fault in accidents?


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Sorry OP it was a thread in motors.

    http://www.boards.ie/vbulletin/showthread.php?p=80680758


  • Advertisement
  • #7
    Builderfromhell
    Registered Users, Registered Users 2 Posts: 1,570 ✭✭✭Builderfromhell


    Procrastastudy wrote: »
    Sorry OP it was a thread in motors.

    http://www.boards.ie/vbulletin/showthread.php?p=80680758

    Thanks for that.
    Interesting thread but legalities of situation still remain unclear.:confused:


  • #8
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Chances of getting a consensus of opinion in situations like this is slim. If it a consensus was likely then there'd be an awful law of unemployed insurance and personal injury lawyers!


  • #9
    Condatis
    Registered Users, Registered Users 2 Posts: 651 ✭✭✭Condatis


    To emerge from a driveway without having a clear view of the road could be construed as negligence.

    The dangers of emerging in such a way could be mitigated in a number of ways.

    1. Reverse into the driveway so that you can drive forward rather than in reverse when emerging giving you a view of approaching traffic.

    2. Fix a steel mirror at the exit which would give a view of traffic on the road.

    3. Post somebody at the exit to indicate when the way is clear.

    Far to many people drive forward into their drives and reverse out when the sensible thing to do is to reverse the procedure. You could be expected to be aware of the dangers of such a situation and not to mitigate them could be negligence.

    Insurance companies might not entertain a claim in such circumstances as described but a direct civil action for damages might be feasible. Messy.


Advertisement