martine wrote:waremark wrote:...Did anyone on the other forum defend the driving of the camera car?
Oh yes the original poster (who was the driver of the camera car) was quite happy to try and absolve himself of all responsibility and several other forum members came to his defence as well.
TripleS wrote:Had I been following the red car I would have wanted a bigger gap in front of me to start with. Seeing the HGV seeking to join the main carriageway, I would have eased off the throttle to increase that gap and let the HGV come in front. At least that's how I would have preferred to see things work.
Silk wrote:
Kimosabe wrote:1) knowing the inability of lorries to gain enough speed to safely join a busy motorway from standstill, thus not expecting them to give way at the exit of a slip road, I would move into lane 2.
Ancient wrote:Silk wrote:
http://www.trucknetuk.com/phpBB/viewtop ... =2&t=98200
So far the truckers have all said the same thing
Gareth wrote:Kimosabe wrote:1) knowing the inability of lorries to gain enough speed to safely join a busy motorway from standstill, thus not expecting them to give way at the exit of a slip road, I would move into lane 2.In this case the lorry had gained more speed than the camera car. There was a steady flow of vehicles in lane 2 passing the camera car. When a heavy is passing on your left and about to move into your lane, it's an exceeding brave driver who starts looking for a gap to move into the next lane. Practically the only thing the camera car driver could have done once the lorry started passing was to slow down significantly to make space as quickly as possible.
Silk wrote:What I mean is, as far as an insurance claim is concerned, he would almost certainly not be held responsible (it's a bit like not looking as you pass a side road and crashing into a vehicle that pulls out in front of you , also without looking). As far as I'm aware, driving too close to the vehicle in front isn't actually an offence, although it should be - how you'd prove it is another matter.
CPS Guidelines wrote:Careless/inconsiderate driving
This offence is committed when the defendant's driving falls below the standard expected of a competent and careful driver (section 3ZA RTA). In determining what is to be expected of a competent and careful driver the prosecutor must take into account not only the circumstances of which the driver could be expected to be aware, but also any circumstances shown to have been within the driver's knowledge.
[...snip...]
In some cases, particularly where there has been a collision, the evidence will show that more than one driver was at fault. It will be necessary to establish that there is evidence from an independent source against any driver who is to be charged, but the possibility of charging more than one driver remains if both have failed to comply with the statutory standard.
There are decided cases that provide some guidance as to the driving that courts will regard as careless or inconsiderate and the following examples are typical of what we are likely to regard as careless driving:
overtaking on the inside;
driving inappropriately close to another vehicle;
inadvertently driving through a red light;
emerging from a side road into the path of another vehicle;
tuning a car radio;
using a hand-held mobile phone or other hand-held electronic equipment when the driver was avoidably distracted by that use; and
selecting and lighting a cigarette or similar when the driver was avoidably distracted by that use.
These examples are merely indicative of what can amount to careless driving.
Ancient wrote:Legal stuff
Silk wrote:What's thankfully quite rare is for two people not to be paying attention at the same time, as we see in the clip.
Gareth wrote:In this case the lorry had gained more speed than the camera car.
Silk wrote:Ancient wrote:Legal stuff
Goodness me. I think you're pushing it a bit if you think anything would be done about the driver of the car if the worst had happened. You'd also have to extend it to most of the other drivers in the clip who were driving too close and not paying attention. I really don't believe anyone would go to the bother of hauling everyone within a hundred yards before the court. The lorry driver would have been held 100% responsible and everyone else would tell the story from a blameless point of view and carry on driving in exactly the same way as before.
As I'm not a lawyer, I don't have a clue about the finer points of law, I can only draw on hundreds of thousands of miles of motorway driving experience. This kind of thing happens quite a lot and is usually mitigated by another driver taking avoiding action. What's thankfully quite rare is for two people not to be paying attention at the same time, as we see in the clip.
Silk wrote:TripleS wrote:Had I been following the red car I would have wanted a bigger gap in front of me to start with. Seeing the HGV seeking to join the main carriageway, I would have eased off the throttle to increase that gap and let the HGV come in front. At least that's how I would have preferred to see things work.
And risk being 2 seconds late for your meeting?
It's no wonder so many people hate driving. It must be hell having to concentrate so hard on the brake lights of the vehicle in front.
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