Lucky to escape the grim reaper on Sunday.

Engineer said:
I agree one always should be able to stop on your side of the road in the distance that you can see to be clear - but people should also not leave their vehicle in a position that it clearly dangerous - this is considered to be so important that the law says that you must not do it.

It is not unreasonable to go about you business with some expectation that others will be as careful as you are too. If we all had to double check every single action we made before we did it then the World would grind to a halt.
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Your error in logic is making the connection between the two. It's quite possible for the car driver to have broken the law - it's equally possible that the car - or some other obstruction - could legitimately be around a blind corner - it is the other motorist's responsibility to allow for this. What's so hard to understand about that?
 
Mike O said:
Your error in logic is making the connection between the two. It's quite possible for the car driver to have broken the law - it's equally possible that the car - or some other obstruction - could legitimately be around a blind corner - it is the other motorist's responsibility to allow for this. What's so hard to understand about that?
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There is no difficulty in understanding what you are saying - however the blame for the event does not lie solely with the person negotiating the corner, far from it. A vehicle cannot be legitmately be parked around a blind corner, there is a law against it ,see rule 242 of the Highway Code.
 
Mike O said:
There you go, making that link again... :D

Back under your bridge :nono
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There is a clear link between the car being parked illegally and the subsequent 'accident', that is unequivocal in my mind and I would guess that any judge/magistrate/lawyer/barrister/reasonable person would see this.

Perhaps someone would like to ask that Dalton White lawyer chappie who has a column in some of the bike mags to adjudicate?
 
Engineer said:
There is no difficulty in understanding what you are saying - however the blame for the event does not lie solely with the person negotiating the corner, far from it. A vehicle cannot be legitmately be parked around a blind corner, there is a law against it ,see rule 242 of the Highway Code.
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True, but I would rather be alive and uninjured in the first place than start looking for blame and legalities after the event from my hospital bed! Most accidents (not all, admittedly) are avoidable by the rider, even if they would not have been his fault.
 
Engineer said:
Rule 242 is law.
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FFS ...

Failure to comply with the rules of The Highway Code will not, in itself, cause a person to be prosecuted, therefore its not law.

The Highway Code may be used in evidence in any court proceedings under the Traffic Acts see The road user and the law to establish liability.
 
Whele said:
FFS ...

Failure to comply with the rules of The Highway Code will not, in itself, cause a person to be prosecuted, therefore its not law.

The Highway Code may be used in evidence in any court proceedings under the Traffic Acts see The road user and the law to establish liability.
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Here you go - the Highway Code says MUST NOT, where it says this there is always a law related to the rule.


242
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
Laws RTA 1988, sect 22 & CUR reg 103

I have not read the detail of the law because I can't be arsed, but it is all there for those interested.
 
UpgradeAl said:
True, but I would rather be alive and uninjured in the first place than start looking for blame and legalities after the event from my hospital bed! Most accidents (not all, admittedly) are avoidable by the rider, even if they would not have been his fault.
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Always best to try to avoid an accident especially if riding a motorcycle but if it happens and you don't think that you are solely to blame then the details need examining for insurance, legal action etc.
 
Engineer said:
Here you go - the Highway Code says MUST NOT, where it says this there is always a law related to the rule.


242
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
Laws RTA 1988, sect 22 & CUR reg 103

I have not read the detail of the law because I can't be arsed, but it is all there for those interested.
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So if its law - everyone on this site can be prosecuted.....

The most vulnerable road users are pedestrians, particularly children, older or disabled people, cyclists, motorcyclists and horse riders. It is important that all road users are aware of The Highway Code and are considerate towards each other.

for showing inconsiderate behavior (and bad language) towards to bicycle riders.
 
Engineer said:
There is a clear link between the car being parked illegally and the subsequent 'accident', that is unequivocal in my mind and I would guess that any judge/magistrate/lawyer/barrister/reasonable person would see this.

Perhaps someone would like to ask that Dalton White lawyer chappie who has a column in some of the bike mags to adjudicate?
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You still don't get it - what if it was another static obstruction? A car that had just broken down, a mother pushing a pram, someone walking a dog?

Sure, in THIS case it was a car, but the first thing the magistrate is going to ask is - "What if it was a broken down vehicle?". You are getting your knickers in a knot about whether parking the car was an offence - it's immaterial to the accident WHY the car was there - it was a stationary obstruction the rider failed to negotiate safely - the car being illegally parked in no way absolves other road users from driving/riding with due care...
 
Mike O said:
You still don't get it - what if it was another static obstruction? A car that had just broken down, a mother pushing a pram, someone walking a dog?

Sure, in THIS case it was a car, but the first thing the magistrate is going to ask is - "What if it was a broken down vehicle?". You are getting your knickers in a knot about whether parking the car was an offence - it's immaterial to the accident WHY the car was there - it was a stationary obstruction the rider failed to negotiate safely - the car being illegally parked in no way absolves other road users from driving/riding with due care...
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Nothing absolves other road users from driving without due care etc BUT in this case the rider was not solely responsible for the resulting accident.
 
Ummm here in Bulgaria we have to put a warning triangle out 100mts back maybe in UK should try this out if not and you cause an accident you are at fault. Simples


Sent from my
iPhone using Tapatalk
 
Engineer said:
Glad you found that - if you park you vehicle so that it causes a hazard then you could be deep doo-doo.
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Must remember to have my laptop handy with google at the ready whilst riding across Ireland tomorrow.

F'kin hobby motorcyclist all with an opinion :rolleyes:
 
Nippy Normans supply Touratech, Wunderlich, Desert Fox and many other makes of accessories.
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