Clipped a car!!

michael999999

So as the title says, driving along through town today bus coming in the other direction against me on a side road.

I try to pull in against the kerb to let the bus through, as i do i clip the rear bumper of a parked car that was blocking the road, parked half way on kerb and road on double yellow lines and facing against traffic.

I stopped and found the owner in a nearby apartment, and gave him my details!

Now im just wondering is he at least partly at fault because of where he was parked?

djimi

Not in the slightest. You hit a parked car you are 100% at fault.

bbam

michael999999 wrote: »

So as the title says, driving along through town today bus coming in the other direction against me on a side road.

I try to pull in against the kerb to let the bus through, as i do i clip the rear bumper of a parked car that was blocking the road, parked half way on kerb and road on double yellow lines and facing against traffic.

I stopped and found the owner in a nearby apartment, and gave him my details!

Now im just wondering is he at least partly at fault because of where he was parked?

I wouldn't think so..
You hit a stationary parked car, broad daylight and it wasn't obscured on a corner or anything was it?

Look at it this way, if you'd misjudged it and clipped a pedestrian would you think it might be partly their fault??

If there isn't room to get bye the bus or pull in safely you should stop in a safe position and hold your ground until it was safe to proceed..

Reloc8

michael999999 wrote: »

Now im just wondering is he at least partly at fault because of where he was parked?

For civil liability purposes, nope.

He's in breach of the Road Traffic Acts and Statutory Instruments (and the Rules of the Road) but none of that affects the fact that you hit a stationary vehicle and are liable for the damage.

Fair play for doing the right thing by finding the owner. I Hope its not too serious and that the owner is not a dick about it so that you can sort it out without being hammered.

keithclancy

Dangerous Parking really, shouldn't have been there in the first place (Double yellow line and up on the kerb facing the wrong way)

Then again it was a stopped vehicle so you shouldn't have hit them.

I'd say 50/50 and pay your own costs, you were both in the wrong.

michael999999

Reloc8 wrote: »

For civil liability purposes, nope.

He's in breach of the Road Traffic Acts and Statutory Instruments (and the Rules of the Road) but none of that affects the fact that you hit a stationary vehicle and are liable for the damage.

Fair play for doing the right thing by finding the owner. I Hope its not too serious and that the owner is not a dick about it so that you can sort it out without being hammered.

Its only a slight ding just over hes rear bumper, size of half your thumb, i done more damage to my own!

Its just annoying because if he wasnt parked illegally on a kerb, i wouldnt have had to try and pull in for the bus!

djimi

Just out of curiosity, how exactly did it happen that you managed to hit the car? From the way you describe it it doesnt sound like the car jumped out at you...

Bandara

keithclancy wrote: »

Dangerous Parking really, shouldn't have been there in the first place (Double yellow line and up on the kerb facing the wrong way)

Then again it was a stopped vehicle so you shouldn't have hit them.

I'd say 50/50 and pay your own costs, you were both in the wrong.

Completely irrelevant I'm afraid

keithclancy

Hammertime wrote: »

Completely irrelevant I'm afraid

How so ?

http://www.independent.ie/national-news/courts/woman-guilty-of-dangerous-parking-after-crash-death-3264662.html

Also:

http://www.mccarthy.ie/practice-areas/litigation/personal-injury-claims/faqs-about-road-traffic-accidents/

Am I automatically entitled to be compensated if I’m injured in a car accident?

For instance, if you drive into a stationary vehicle which has been parked just around a corner, you’ll have to satisfy a court that the owner of that vehicle parked it in a manner that was negligent having regard to all of the circumstances.

djimi

That link to the fatal accident is a bit more serious than the OPs situation in fairness, and if I remember that case correctly it was the fact that they had the headlights on full blast pointing at and blinding incoming traffic that was the cause of the accident more so than how or where they were parked.

The OP might be able to argue a case if they can prove that the car was parked in such a way that it could not be seen, but from how they describe it it sounds to me like they should have seen it and somehow managed to hit it.

michael999999

djimi wrote: »

Just out of curiosity, how exactly did it happen that you managed to hit the car? From the way you describe it it doesnt sound like the car jumped out at you...

it was a tight squeeze, there was a bus coming other direction.

I tried to pull in behind the car because the bus was coming against me, if he was not parked where he was we would have passed each other no problem.

How can you block a road and not be partly responsible?

Either way there is hardly any damage to hes car, its more about the principle of the matter.

djimi

Did you not see the obsctuction or something? Its the how you managed to hit the car part that I dont understand... Weve all been in situations like this; worst scenario you stop and back up or get in behind the car or something. How did you end up hitting it?

Bohrio

michael999999 wrote: »

it was a tight squeeze, there was a bus coming other direction.

I tried to pull in behind the car because the bus was coming against me, if he was not parked where he was we would have passed each other no problem.

How can you block a road and not be partly responsible?

Either way there is hardly any damage to hes car, its more about the principle of the matter.

I see your point but like djimi said, if you could've avoided the accident then you might be the one liable.

For example, if you saw the illegally parked car with time enough for you to stop but decided to go ahead and try to squeeze through thinking you might fit in, and ended up hitting it then you might be at fault, but if the car was parked in such way you didnt have time to stop and had no choice but to attempt to overtake then maybe the illegally parked car will have to be held accountable, or at least, partially.

Theboinkmaster

michael999999 wrote: »

So as the title says, driving along through town today bus coming in the other direction against me on a side road.

I try to pull in against the kerb to let the bus through, as i do i clip the rear bumper of a parked car that was blocking the road, parked half way on kerb and road on double yellow lines and facing against traffic.

I stopped and found the owner in a nearby apartment, and gave him my details!

Now im just wondering is he at least partly at fault because of where he was parked?

No you're 100% liable, you hit a stationary car FFS how is it anyone else's fault. Yes the car was illegally parked but that's irrelevant you should not have hit it.

Theboinkmaster

But OP i must say fair play to you for doing the right thing, unfortunately in this country many people (scumbags) would not be so honest.

The_Mask

Maybe off topic? (its my first reply!) but has anyone else noticed offensive driving from Dublin Bus drivers? Im an experienced driver & last week i was left shaken, & cursing might i add, after a bus (with passengers) overtook a badly parked car & came head on to my side of the road, the driver didnt he even slow down! I had no choice but to swerve scraping my alloys off the path, not a happy camper i tell ya. Do they, like artic truck drivers, think bigger is better & give no consideration to smaller vehicles?

Indricotherium

Theboinkmaster wrote: »

But OP i must say fair play to you for doing the right thing, unfortunately in this country many people (scumbags) would not be so honest.

Another thin I think this highlights is one of the biggest failings in the driving skills people in this country have.

If the OP had just stopped instead of trying to drive out of trouble he would not have hit anything.

I see this all the time another example is people driving down slip roads and running out of space and in stead of slowing down they either accelerate or force a car out of a lane by turning into them.

bobin fudge

unfortunate error OP, I think everyone makes silly mistakes from time to time. No real harm done and you were honest to contact the idiot who was parked like that.

michael999999

bobin fudge wrote: »

unfortunate error OP, I think everyone makes silly mistakes from time to time. No real harm done and you were honest to contact the idiot who was parked like that.

Ya, more damage to my own car than to hes!

Just hope he doesnt try and screw me now!

keithclancy

Indricotherium wrote: »

Another thin I think this highlights is one of the biggest failings in the driving skills people in this country have.

If the OP had just stopped instead of trying to drive out of trouble he would not have hit anything.

I see this all the time another example is people driving down slip roads and running out of space and in stead of slowing down they either accelerate or force a car out of a lane by turning into them.

Not really, I think it highlights that parking enforcement is quite poor and Ireland has lots of shady grey areas when it comes to rules of the road.

Parking on the kerb on a non parking road in Germany means you are liable for all incidents / damage that occur as a result of where you've parked.

I know this because a colleague of mine received a 900 euro fine and a three month driving ban for an incident involving three cars when he wasn't there. The accident occurred because the road had reduced width due to his car being on the kerb.

Afterwards he found out that if your going to park illegally, you're better off just parking in the driving lane completely blocking it, hence why you'll see this a lot in German Cities.

Rules in Ireland are a joke, its all shady Grey areas with a different outcome each time. Over here its clear cut, the accident wouldn't have happened if the car wasn't illegally parked there in the first place.

Strange as well when a life is lost due to dangerous parking then the person that was parked is in the wrong, whereas when no life is lost the driver is completely in the wrong :rolleyes:

Strange logic.