On 16 Aug 2005 16:53:48 GMT, Adrian <
[email protected]> wrote:
>Steven ([email protected]) gurgled happily, sounding much like
>they were saying :
>
>>>No, the point YOU seem to be missing is that if you'd waited just one
>>>moment to see what he was going to do, he'd have been past you and
>>>you'd have been able to cycle across the paintabout in perfect safety.
>
>> I'm sure OP is *perfectly* well aware of that!
>
><looks up at the subject of this thread>
And did that give you a clue?
He's asking if it was all his fault. If you get hit by a freak lightning bolt as
you go out of your front door, you would have avoided the hit if you'd left a
second later, but that doesn't make it all your fault, does it?
>> It's not really the point, though, is it?
>
>Ummm, yes?
As I just explained above, Umm, no!
>> We come back to this argument again and again: Just *how* much
>> allowance do you need to make for other driver's idiotic and unlawful
>> behaviour?
>
>As much as you damn well need to...
So you never move then, because the chances are that eventually, no matter what
allowances you make, someone is going to involve you in an accident that is
caused by their behaving in such an unexpected manner that you cannot anticipate
it and still manage to move on a road (aka, SMIDSY).
>
>> Had an accident occured and a photograph of the van's position been
>> taken, I've no doubt that the van driver would have been held
>> responsible.
>
>I'm not so sure.
Well, it would clearly show that the van was in a position it had no business
being if it had obeyed the HC, and that there wouldn't have been an accident had
it not been there.
It's hard to see how it could possibly be called any other way than van driver
takes the blame.
>Vehicle A coming across roundabout from 12 o'c to 6 o'c.
>Vehicle B coming across rounadbout from 3 o'c to 9 o'c.
>Vehicle A hits rhs of Vehicle B.
>
>If both were cars, I'd lay odds on whose No Claims was going to take a hit.
Yes, but since that's not even the correct layout for this incident as described
in the OP, that might explain your confusion in the matter.
*And*, I would expect that if vehicle B's rear wheels were both on the central
markings, even in the case you mention above, the driver of vehicle B would have
been held responsible.