Vehicles driving half way into hard shoulder question

Doom

A couple of times I have come across a vehicle driving half over the yellow hard shoulder line, who has the right of way here? Say if I was passing them out, they swerved over and side swiped me, legally where would you be?

The_Nipper_One

Vehicles may drive in the HS to allow you to pass, so there's nothing illegal there (provided you're not on the mororway, you can never drive in the HS there in normal driving).

If they did pull back out and hit you, I'd say they would be given the benefit of the doubt in that it was you who overtook dangerously, though I suppose it all depends on where the damage is done to each car.

If you had a witness/dashcam however, you could prove that they made the overtake dangerous by changing their position mid overtake.

You can use the logic that the one who initiates the collision course is the one at fault in this case.

It's one of those grey areas, but at the same time very common sense bound. If you can prove they 1. invited the overtake by moving into the HS, and 2. were the ones who swerved into YOU, then I can't see any garda or court ruling in any way but your favor. Provided that your overtake would have been safe if they had stayed where they were that is.

Doom

Cheers, maybe they're been smartarse ( but not safe) about it so, by driving with one side over the HS line and other on normal lane....must give this more due care in future.