Reversing out of your drive way...

seamus · 06-10-2011 12:21PM

hypermuse wrote: »

to be fair to the driver, there is a busstop near his driveway which would definately impede his view but then he should take the responsibility to drive and not reverse out I woulda thought!

Indeed. It's actually an offence to reverse if your view is obstructed.

http://www.irishstatutebook.ie/1997/en/si/0182.html#zzsi182y1997a12

A driver shall not reverse from a place adjacent to a public road onto a public road save where it is clear to the driver that to so reverse would not endanger other traffic or pedestrians.

yayamark wrote: »

It is not illigal to reverse from your drive way on to the road. Your driveway is not a minor road it is a private place.

Actually you're right, I was looking at an old regulation which has since been revoked.

Seachmall · 06-10-2011 12:21PM

Stark wrote: »

Chances are I'm simply on the road more often than you.

Probably.

In one case I saw a cyclist hit side on from a car coming out of a side road who was only looking to her left and not straight ahead of her. What was the cyclist supposed to have done in that instance?

Make sure a car wasn't going to pull out?

I'm imagine Insurance companies only rarely pay out full claims, there's generally going to be a level of culpability on both sides.

Saila · 06-10-2011 12:23PM

Stark wrote: »

Chances are I'm simply on the road more often than you. Which also allows me to see other scenarios where the affected party wasn't at fault. I've seen people being hit from behind and side on a few times, both situations that are pretty much impossible to avoid.

if while in a car you get hit from behind its the person who ran into the back of you that is at fault, if you backend someone its your fault as you didnt leave enough room to the car in front to avoid the situation.

seamus · 06-10-2011 12:26PM

Seachmall wrote: »

I'm imagine Insurance companies only rarely pay out full claims, there's generally going to be a level of culpability on both sides.

No, they generally pay out fully where right-of-way has been violated.

While I'm in general agreement with you that there are very few accidents that are completely unavoidable in the strictest sense, insurance companies don't get down to that level. If one party very clearly had the right-of-way, then the other party pays all costs. There's no "well what if you had accounted for my client pulling out" or, "What if you had left the house 30 seconds earlier".

They look at first causes - "My client reversed onto the road without yielding" and determine liability based on that.

Making a party pay despite having not actually done anything wrong is a kind of victim-blaming.

Stark · 06-10-2011 12:26PM

Saila wrote: »

if while in a car you get hit from behind its the person who ran into the back of you that is at fault, if you backend someone its your fault as you didnt leave enough room to the car in front to avoid the situation.

And in both those situations, there's a guilty party and an innocent party which proves my point that it's not always both parties to blame.

Stark · 06-10-2011 12:31PM

Seachmall wrote: »

Probably.Make sure a car wasn't going to pull out?

There was no car waiting to pull out when the cyclist was coming up to the junction. The car arrived after the cyclist was half way past the junction and hit the cyclist while driving out. So the driver was at fault.

Seasoft · 06-10-2011 12:31PM

Saila wrote: »

if while in a car you get hit from behind its the person who ran into the back of you that is at fault, if you backend someone its your fault as you didnt leave enough room to the car in front to avoid the situation.

Usually yes. But if a car turns left (or right) from a side road in front of traffic, ignores yield/stop sign and the oncoming car brakes but still rear-ends it, fault is with car from side road. I remember a driver who was prosecuted for this not understanding why... "but I was hit from behind" she kept saying.

hypermuse · 06-10-2011 12:39PM

TheZohan wrote: »

No witnesses, no gardai at the scene...hmm. You'll probably end up paying your own costs OP, unless the car driver is sound about it.

There were witnesses.. One girl who works in my building recognised me and stayed around until my gf showed up so I defo have one person at the scene and another who can say what they saw when they arrived

Seachmall wrote: »

OP should have been more cautious of cars pulling out of driveways.

Your not wrong at all.. its genuinely a dangerous game cycling particularly on that Clonskeagh/Ranelagh road..

I am generally quite cautious but this car did take me by surprise.. If I was to slow down at every driveway I cycle past then I'd be faster walking!!

Saila wrote: »

do you have insurance details for them if not at least you know which house they reversed out of and can get them that way

He left his contact details in my gearbag and genuinely think he'll play fair ball about it. I contacted him and he said he'll get his insurance details/reg etc to me once home!!

Hopefully its not too tedious but I informed him I'd be reporting the incident to the gardi just so its on file... Its my back up incase he does refuse to take action!
I'm just praying it doesn't turn into a nightmare!! as long as I'm not outa pocket by a significant amount then I dont care coz I got my health bar a few cuts and a fracture!!

Just hope for financial assistance to get through the incident and not to make a profit like some a$$holes do!!

Turner · 06-10-2011 12:44PM

OP im not being smart here but I have sat through a lot of contested accident hearings in both the criminal and civil courts and some of the following questions were raised by legal teams.

Bear in mind while you are answering these questions the judge is making up their mind.

Did you see the person reversing?

Did you actually cycle into and hit the car (regardless of what they were
doing) or were you parallel to the car and it reversed into you?

Were you cycling at a safe speed in which you were able to stop in the distance you could see clear.

Why did you not brake and stop before you collided into the car.

If a child had run out of the driveway were you travelling a speed in which you would have been able to stop?

Were you looking in the foreground and also the far distance scanning for other road users, and if so why did you not see this car reversing.

You can cancel all the questions above if as i said, you were behind the car and the car reversed into you knocking you over.

Lando Griffin · 06-10-2011 01:43PM

Dont take the bus OP, its full of rude people and screaming babies, a horrible, horrible place.

GetWithIt · 06-10-2011 01:43PM

Chief--- wrote: »

Did you see the person reversing?

Did you actually cycle into and hit the car (regardless of what they were
doing) or were you parallel to the car and it reversed into you?

Were you cycling at a safe speed in which you were able to stop in the distance you could see clear.

Why did you not brake and stop before you collided into the car.

If a child had run out of the driveway were you travelling a speed in which you would have been able to stop?

Were you looking in the foreground and also the far distance scanning for other road users, and if so why did you not see this car reversing.

Presumably the bus stop the OP mentioned earlier - which would have obstructed the car drivers view of him - also obstructed the OP's view of any car reversing.

I have no idea where liability would lie. Your questions and similar would be enough to deter me from pursuing any liability claim as it would appear to be very easy to put some element of blame on the other party.

TwoShedsJackson · 06-10-2011 02:06PM

Lando Griffin wrote: »

Dont take the bus OP, its full of rude people and screaming babies, a horrible, horrible place.

I am the mother of the child mentioned in that thread. You'll understand one day when you have kids yourself. etc. etc.

yeppydeppy · 06-10-2011 02:38PM

I'm relieved the car wasn't damaged.

06-10-2011 02:58PM

Lando Griffin wrote: »

Dont take the bus OP, its full of rude people and screaming babies, a horrible, horrible place.

They only scream when you look at them! :pac:

Saila · 06-10-2011 03:00PM

hypermuse wrote: »

He left his contact details in my gearbag and genuinely think he'll play fair ball about it. I contacted him and he said he'll get his insurance details/reg etc to me once home!!

Hopefully its not too tedious but I informed him I'd be reporting the incident to the gardi just so its on file... Its my back up incase he does refuse to take action!
I'm just praying it doesn't turn into a nightmare!! as long as I'm not outa pocket by a significant amount then I dont care coz I got my health bar a few cuts and a fracture!!

Just hope for financial assistance to get through the incident and not to make a profit like some a$$holes do!!

thats good so, but remember, you have a fractured wrist correct?
apart from the medical expenses and damage costs [to bike clothing ect]
you are entitled to pain and suffering

you're saying you dont want to make a profit, good, but dont sell yourself short either.
if he just knocked you over and you had no damages [fracture in your case] then ok, but if the fracture limits your life for the healing period or causes you otherwise un necessary expense then you are fully entitled to those expenses

that is not making a profit, making false claims is though..

hypermuse · 06-10-2011 03:06PM

Chief--- wrote: »

OP im not being smart here but I have sat through a lot of contested accident hearings in both the criminal and civil courts and some of the following questions were raised by legal teams.

Bear in mind while you are answering these questions the judge is making up their mind.

Did you see the person reversing?

Did you actually cycle into and hit the car (regardless of what they were
doing) or were you parallel to the car and it reversed into you?

Were you cycling at a safe speed in which you were able to stop in the distance you could see clear.

Why did you not brake and stop before you collided into the car.

If a child had run out of the driveway were you travelling a speed in which you would have been able to stop?

Were you looking in the foreground and also the far distance scanning for other road users, and if so why did you not see this car reversing.

You can cancel all the questions above if as i said, you were behind the car and the car reversed into you knocking you over.

Yea they are pretty fair questions alright but questions you'd expect to be asked by your solicitor if you were being defended in court..

I feel I would be able to answer those questions easily as I sit here and read them but if I was in court I'd imagine I'd be mess and not know what to say!!

Jimoslimos · 06-10-2011 03:09PM

GetWithIt wrote: »

Presumably the bus stop the OP mentioned earlier - which would have obstructed the car drivers view of him - also obstructed the OP's view of any car reversing.

I wonder if there's a case to be made for Dublin Bus (I'm assuming its DB) sharing some of the liability (with the driver of course) since the placement of the stop prevents the driver from safely exiting his property.

4leto · 06-10-2011 03:19PM

The drive is totally at fault, you have a claim if you want one.

If not do what most people do in a fender bender, just settle it among yourselves, see the driver and tell him about your bills from the accident and ask him if he is willing to settle out of court,,,,He will jump on the opportunity.

I understand not going down the compo route, years ago some woman rammed into the back of me wrecking my bumper and hers, I got out had a look and told her its OK it's a piece of sith anyway (I was getting rid of it), she started to cry, "Ahh thanks I am really grateful" then I was embarrassed.

But I could have went the whole route and got the 5 grand for whippo but I just would not feel good about that unless it was a genuine case.

06-10-2011 03:30PM

Never reverse out again!

https://www.youtube.com/watch?v=G019cYE6mB0

hypermuse · 06-10-2011 03:30PM

Jimoslimos wrote: »

I wonder if there's a case to be made for Dublin Bus (I'm assuming its DB) sharing some of the liability (with the driver of course) since the placement of the stop prevents the driver from safely exiting his property.

Was thinking that myself but its his problem really!! something he should consider!!

4leto wrote: »

The drive is totally at fault, you have a claim if you want one.

But I could have went the whole route and got the 5 grand for whippo but I just would not feel good about that unless it was a genuine case.

that's exactly it! It depends where your morals lie.. Mine lie in justice rather than exploitation!!
Karma, someday in the future, if I'm in his position, I'd like to be treated decently and not have exaggerated claims against me.

4leto · 06-10-2011 03:37PM

Deleted User wrote: »

Never reverse out again!

https://www.youtube.com/watch?v=G019cYE6mB0

Jaysus wouldn't it be better to just get lesson in the auld 3 point turn.

Jimoslimos · 06-10-2011 03:41PM

hypermuse wrote: »

Was thinking that myself but its his problem really!! something he should consider!

Exactly, I meant to say the driver or his insurance company should pursue DB regarding bus stop placement if he wishes to compensate his losses. From your point of view there's only 2 parties concerned - the driver & you.

mikemac · 06-10-2011 03:49PM

Get down to the garda station and make a report, takes just a few minutes.
There will probably be a map in the station and the garda will ask you to point out where it happened

You go to the station nearest the scence, not your local station.
For example, I got knocked off my bike in Howth and struggled back home to Drumcondra.
Went to my local station Fitzgibbon St and while they were nice about it, they told me to go back to Howth.

Get the gardas name and rank, they probably have a card they can give.
The garda isn't there to decide right or wrong, just record the details

If you don't OP, there will be no record.
And ha, I knocked you down says the driver? Nonsense, you broke your wrist as you were fighting and drinking as some students do.

He left his contact details in my gearbag and genuinely think he'll play fair ball about it. I contacted him and he said he'll get his insurance details/reg etc to me once home!!

Yeah people can seem sound at the scence but when they get home and talking to their husband/wife some start to back out and deny everything

Mike 1972 · 06-10-2011 05:56PM

Caveman1 wrote: »

If your gonna claim for hospital expenses and new glasses the driver will more than likely have to claim it off there insurance so ya might aswell bang in an injury claim too, a nice couple of grand for your troubles

When the OP starts driving himself the couple of grand might come in handy for those hyperinflated insurance premiums ?

geetar · 06-10-2011 06:23PM

driver didnt break any laws. it was obviously an accident, probably due to a lack of awareness on the OP's behalf if anything. drivers are fully entitled to back out onto a road.

a part of driving/cycling on a road is being able to react to unexpected obstacles. there is a whole category in the driving test for it. and being on a bike is no different.

as for reversing onto a major road from a minor one being illegal, that is complete and utter bollox.

there is a manouever in the driving test doing just that. its perfectly legal.

theT · 06-10-2011 06:39PM

Like whats been said already, report to the Gardai and then contact a solicitor in relation to a PIAB claim, it wont go anywhere near a court. If what you say is even half true the PIAB will make an assessment and the insurance company will accept it. They wont want to get into who is at fault here, it would ending up costing them more to dispute it.

Just to be clear I'm not saying you should do this to gain profit, its merely what your due, you dont know how long that fracture is going to bother you, and besides a little bit of cash to go travelling with when your done studying couldnt go astray:)

Jimoslimos · 06-10-2011 06:46PM

geetar wrote: »

as for reversing onto a major road from a minor one being illegal, that is complete and utter bollox.
there is a manouever in the driving test doing just that. its perfectly legal.

No its not. The ROTR state "You must not reverse from a minor road onto a major road as it is unsafe to do so."

See Page 46: http://www.rulesoftheroad.ie/pdf-downloads/english/rules-of-the-road%20eng.pdf
or the website: http://www.rulesoftheroad.ie/rules-for-driving/good-driving-practice/reversing.html
The manoueveur you do in the test is reversing from a major road into a minor one.

Its not illegal to reverse out of your driveway, but is regarded as dangerous and needing special care.

Wicklowrider · 06-10-2011 06:49PM

Mike 1972 wrote: »

When the OP starts driving himself the couple of grand might come in handy for those hyperinflated insurance premiums ?

I'd say the inflated premiums also come from the drivers who think theres nothing wrong with reversing out and knocking a person down and there are plenty of crass comments through this thread that support that.

geetar wrote: »

driver didnt break any laws. it was obviously an accident, probably due to a lack of awareness on the OP's behalf if anything. drivers are fully entitled to back out onto a road.

Didn't break any law? He knocked a human being down ffs.
The driver FAILED to OBSERVE before driving out. Trying to blame a person who had right of way is pure ignorance and one of the reasons we are all paying high insurance. He should face careless driving charges.

Oranage2 · 06-10-2011 06:52PM

Happened to a person I know but he was absolutly mangled and was awarded 20k

McCrack · 06-10-2011 07:09PM

OP you have 3 options:

Do nothing;

Seek and receive inadequate compensation from the driver's insurer;

Instruct a personal injury solicitor and receive fair compensation.

Reversing out of your drive way...

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