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Near accident around blind corner due to parked car

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Phil

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Sep 27, 2012, 9:15:02 AM9/27/12
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I live in a rural area. There is a single white line along the road. The speed limit here is 60 mph.

At one particular stretch of road, oncoming traffic is obscured from each other due to a bend in the road. Even at night when you can see oncoming lights reflecting off the bend, you can't always gauge how far away the traffic is from the bend. Yesterday, a car was parked there, protruding about 2 feet onto the lane (the rest of the car was on the grass). The area is popular for walks and birdwatching, and people sometimes park just next to the entrances to the public footpaths.

This forced the oncoming lane to have to enter my lane. I went around the corner at about 30 mph. An oncoming car flew around the corner at high speed, at least 50 mph. Both of us slammed on the brakes, and I swerved my car into the grass by the side of the road.

Fortunately no accident happened. If the other driver also swerved onto the grass, was going faster or didn't hit his brakes in time, an accident would have happened, potentially a head on with a 50+ mph relative speed impact.

I have three questions:
1) Is it illegal for cars to park on or straddle a single white line by the road?
2) If an accident happened, who would have been at fault? Would the parked car bear any fault?
3) What can be done to stop cars parking there and get the authorities to enforce the restrictions?

Thanks.

Peter Crosland

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Sep 27, 2012, 1:50:02 PM9/27/12
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1. There is no actual right to park on the highway anywhere except in
designated parking spots.

2. The driver who did not drive within the limits of his field of
vision, and according to the prevailing conditions particularly if he
knows the road.

3. Probably very little.

--
Regards Peter Crosland

Nightjar

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Sep 27, 2012, 2:05:02 PM9/27/12
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On 27/09/2012 14:15, Phil wrote:
> I live in a rural area. There is a single white line along the road. The speed limit here is 60 mph.
>
> At one particular stretch of road, oncoming traffic is obscured from each other due to a bend in the road. Even at night when you can see oncoming lights reflecting off the bend, you can't always gauge how far away the traffic is from the bend. Yesterday, a car was parked there, protruding about 2 feet onto the lane (the rest of the car was on the grass). The area is popular for walks and birdwatching, and people sometimes park just next to the entrances to the public footpaths.
>
> This forced the oncoming lane to have to enter my lane. I went around the corner at about 30 mph. An oncoming car flew around the corner at high speed, at least 50 mph. Both of us slammed on the brakes, and I swerved my car into the grass by the side of the road.
>
> Fortunately no accident happened. If the other driver also swerved onto the grass, was going faster or didn't hit his brakes in time, an accident would have happened, potentially a head on with a 50+ mph relative speed impact.
>
> I have three questions:
> 1) Is it illegal for cars to park on or straddle a single white line by the road?

If, by that, you mean a continuous white line at the side of the road,
no. It only denotes the edge of the carriageway that is available to
through traffic and has no meaning with regards to waiting. Yellow lines
at the edge of the road show waiting restrictions and they apply to the
entire highway, which normally includes the verge. A double white line
in the centre of the road would also prohibit waiting for the length of
the line, where there is not more than one lane in each direction of travel.

> 2) If an accident happened, who would have been at fault?

If the other car was on the wrong side of the road and travelling too
fast to stop, the fault would probably mostly lie with the driver of
that car. Getting an insurance company to accept the facts without an
independent witness would be another matter.

Would the parked car bear any fault?

No.

> 3) What can be done to stop cars parking there and get the authorities to enforce the restrictions?

Write to the Highways Authority, expressing your concerns, and ask them
to impose waiting restrictions on the road on the approaches to the
bend. Don't hold your breath waiting for them to do anything.

Colin Bignell

Mark Goodge

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Sep 27, 2012, 3:25:03 PM9/27/12
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On Thu, 27 Sep 2012 14:15:02 +0100, Phil put finger to keyboard and typed:


>I have three questions:
>1) Is it illegal for cars to park on or straddle a single white line by the road?

No.

>2) If an accident happened, who would have been at fault? Would the parked car bear any fault?

The primary fault belongs to the driver of the other car, who failed to
take the curve at a speed slow enough to ensure safety. However, the driver
of the parked car may also be at fault, depending on its precise location.
The Highway Code says that you should not park "on a bend"; whether or not
the parked car was actually contravening this rule would depend a lot on
how widely you (or, more practically, an insurer or court) interpret the
word "on".

>3) What can be done to stop cars parking there and get the authorities to enforce the restrictions?

Realistically, not a lot. Highway authorities are very reluctant to use
yellow lines and other waiting restrictions on rural roads, partly because
it's almost impossible to enforce them, partly because it's rare that it's
a serious problem and partly because if they do use them then it gives an
entirely false impression that parking is therefore OK everywhere that
doesn't have them.

Mark
--
Blog: http://mark.goodge.co.uk
Stuff: http://www.good-stuff.co.uk

Percy Picacity

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Sep 27, 2012, 6:10:02 PM9/27/12
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If someone was to regularly park round a blind bend on a major road the
police might be interested in warning them that they might be
prosecuted. But, especially in the day time, there may be good
agricultural reasons for parking in a dangerous place. And on minor
roads, unless it is an official rally, people should drive in such a
way they are not going to mow down pedestrians quite apart from the
risks of parked cars.

But isn't there some rule about leaving lights on at night?



--

Percy Picacity

Message has been deleted

Nightjar

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Sep 28, 2012, 8:45:02 AM9/28/12
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On 28/09/2012 01:05, Phil W Lee wrote:
> Nightjar <c...@insert.my.surname.here.me.uk> considered Thu, 27 Sep
> 2012 19:05:02 +0100 the perfect time to write:
.....
>> If, by that, you mean a continuous white line at the side of the road,
>> no. It only denotes the edge of the carriageway that is available to
>> through traffic and has no meaning with regards to waiting. Yellow lines
>> at the edge of the road show waiting restrictions and they apply to the
>> entire highway, which normally includes the verge.
>
> Only to one side of the carriageway - the extent of any prohibition
> marked by yellow lines is from the centre-line to the highway boundary
> (which is usually the fence, hedge, wall or building frontage).

The waiting order might only apply restrictions to one side of the
highway, but it does apply to the whole width along the designated
length. However, if, as it appears, this is a rural location, a clearway
order would probably be more appropriate.

.....
>> Write to the Highway Authority, expressing your concerns, and ask them
>> to impose waiting restrictions on the road on the approaches to the
>> bend. Don't hold your breath waiting for them to do anything.
>
> Or to enforce anything, although the presence of a restriction may
> alter the balance of liabilities in any collision similar in nature to
> the one so narrowly avoided.

If there is adequate parking in another nearby part of the road, then a
waiting restriction is usually effective, even without enforcement. Not
that I would expect the Highway Authority to do anything unless there
were a history of accidents at the spot.

Colin Bignell


Scion

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Sep 28, 2012, 3:40:02 AM9/28/12
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Percy Picacity spake thus:

<snip>

> But, especially in the day time, there may be good
> agricultural reasons for parking in a dangerous place.

Like, the driver is an ass?

Ian Jackson

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Sep 28, 2012, 7:15:02 AM9/28/12
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In article <5vv8bl....@news.alt.net>,
Percy Picacity <k...@under.the.invalid> wrote:
> And on minor roads, unless it is an official rally, people should
>drive in such a way they are not going to mow down pedestrians quite
>apart from the risks of parked cars.

Quite. I had a most unpleasant experience as a pedestrian in
Cornwall near St Austell where all the drivers hared round the blind
bends assuming there was nothing there. At certain points I and my
friend had to separate to act as spotters for each other, merely to
safely walk along the road.

Sometimes I think the right answer is a campaign of fly-bollarding.
Send a lorry in at 3am and plant a bright yellow girder vertically in
the middle of the road near a bend. (In towns, the bollards should be
black.) Sadly this wouldn't just kill the culpable drivers but also
their passengers and perhaps other road users. But I can still dream.

--
Ian Jackson personal email: <ijac...@chiark.greenend.org.uk>
These opinions are my own. http://www.chiark.greenend.org.uk/~ijackson/
PGP2 key 1024R/0x23f5addb, fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657

Percy Picacity

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Sep 28, 2012, 3:00:03 PM9/28/12
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Certainly. Or delivering a trailer load of sheep to a field gate, for example.
--

Percy Picacity

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