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Near miss with another car today - who was at fault?

36 replies

PermanentIyExhaustedPigeon · 18/02/2024 13:42

I'm sure it was the other driver but their reaction has left me doubting myself!

Screenshots of the route and street view attached.

I'm red, they're blue. The hair pin bend is on a very steep hill, which I was going down as they were coming up. I know this bend very well and was going slowly (I'd say about 10mph, I didn't actually have an eye on the speedo but that's the speed I'd usually approach that bend at, and I was driving as I usually do) because it's a very sharp and very steep corner and often quite muddy due to water and soil run off from the fields behind. The other car was coming up faster but I wouldn't like to say how fast. The road is wide enough for two vehicles (so not single track) and I was well over to my side.

It's a blind bend until you're at least halfway round it. The other car went straight across my path to take the road that looks "straight ahead" but is actually a turning, marked by white lines. I braked hard and stopped with inches to spare.

The driver got out and started berating me? And I started to cry (was a bit flustered anyway as it had been so close) and didn't want to get out or even open my window or defend myself to him because he was so angry and so certain he was in the right.

However I drive that road most days and have done for about 6 years, and in that time I have actually never seen a car take the turn he was taking (it doesn't really go anywhere and just isn't used much), so I will admit that I don't expect anyone to take that turn so maybe I wasn't careful enough checking that nobody was coming that way? But even so, am I right thinking he was technically turning off (even if actually keeping straight on) so should have stopped to check first?

Near miss with another car today - who was at fault?
Near miss with another car today - who was at fault?
Near miss with another car today - who was at fault?
OP posts:
cardibach · 18/02/2024 13:45

You are correct. It’s clearly marked as a turning. However, often a sat nav will tell you the wrong priorities so it may not entirely have been unreasonable of him to think otherwise. It was unreasonable of him to fail to look for road markings and to get out of his car and berate someone either way.

Kangarude · 18/02/2024 13:46

I’d say blue driver was in the wrong

MonsteraMama · 18/02/2024 13:47

Sorry you had such a crap experience.

From the looks of it he was wrong. It's a junction that he was turning onto from the main road, he should've been indicating and he should've waited until you passed like any other junction.

Get a dashboard camera if you haven't got one already. There seems to be an increase in shockingly bad drivers on the road in the last few years, better safe than sorry.

Rainbows89 · 18/02/2024 13:47

I’m no expert but yeah, it sounds like he turned off the road in front of you?

ExcellentCat · 18/02/2024 13:47

From
what I can see there it looks as if they were wrong as they have crossed your path to take the side road. The side road is give way to come out which would suggest it’s a separate road ?
horrible shuck for you either way

EeesandWhizz · 18/02/2024 13:48

Legally you have right of way over him so have in theory done nothing wrong.

However on very steep hills the uphill traffic is sometimes 'unofficially' given right of way, but he should never assume that this is the case.

He was wrong and then was an arse about it.

WelshSpringerSpaniel · 18/02/2024 13:48

Excellent illustration and I think he was in the wrong as he was turning right.

PermanentIyExhaustedPigeon · 18/02/2024 13:50

Rainbows89 · 18/02/2024 13:47

I’m no expert but yeah, it sounds like he turned off the road in front of you?

Well yes I think he did turn across me! He was yelling that I should have been looking out for other road users but I don't have a periscope Confused and if he had been doing a similar speed to me it wouldn't have been a near miss, he could have seen me coming and stopped to wait for me to pass before turning. But he seemed to think he had right of way.

OP posts:
Rainbows89 · 18/02/2024 13:53

I think HE should have been looking out for other road users!!

Blanketpolicy · 18/02/2024 13:54

EeesandWhizz · 18/02/2024 13:48

Legally you have right of way over him so have in theory done nothing wrong.

However on very steep hills the uphill traffic is sometimes 'unofficially' given right of way, but he should never assume that this is the case.

He was wrong and then was an arse about it.

Unoffically? 😂

otherwise known as "doesn't have right of way"

Pegasusforme · 18/02/2024 13:56

Blue is in the wrong. Driver is a bully and idiot.

However, on a driving test red car would fail if they did not slow enough to stop easily due to anticipating a possible scenario like this.

WelshNerd · 18/02/2024 13:59

That looks like a nightmare road. Hope you're ok.

Chewbecca · 18/02/2024 14:00

Blue is wrong, they should only have turned right when the road was clear.
Sorry you had a bad experience. You can console yourself with a 10/10 ⭐ for excellence in diagrams.

ShillyShallySherbet · 18/02/2024 14:00

Wow you were definitely not in the wrong there OP and it must have been a terrible shock for both of you. People react to shock in different ways and seems their way to deal with it was to get angry and (wrongly) blame you, which is just horrible. Hopefully when they calmed down and reflected on it they realised they were out of order and are feeling suitably ashamed of themselves. You can hope!

EeesandWhizz · 18/02/2024 14:03

Blanketpolicy · 18/02/2024 13:54

Unoffically? 😂

otherwise known as "doesn't have right of way"

Erm yes?? Bit like all of the other 'unofficial' driving rules like allowing vehicles that have pulled in to let emergency services through to pull back out in front of you etc. Have you ever lived anywhere with very steep roads? Uphill is always given right of way over downhill, but you won't find it in the highway code.

PermanentIyExhaustedPigeon · 18/02/2024 14:11

EeesandWhizz · 18/02/2024 14:03

Erm yes?? Bit like all of the other 'unofficial' driving rules like allowing vehicles that have pulled in to let emergency services through to pull back out in front of you etc. Have you ever lived anywhere with very steep roads? Uphill is always given right of way over downhill, but you won't find it in the highway code.

On this particular bend, you couldn't realistically give way to uphill traffic taking that turn until you were already in their path, because you can't see them! Not unless you had a periscope on your roof. Because the bend is so tight that you just can't see what is coming up - which isn't a problem if they stay in their lane on their side of the road...!

OP posts:
BeingATwatItsABingThing · 18/02/2024 14:16

Pegasusforme · 18/02/2024 13:56

Blue is in the wrong. Driver is a bully and idiot.

However, on a driving test red car would fail if they did not slow enough to stop easily due to anticipating a possible scenario like this.

Edited

She was meant to go slower than 10mph? She did stop in time.

Auntieobem · 18/02/2024 14:17

Lol at him having unofficial right of way, wonder how that defense would go down in court??

Notsuretoputit · 18/02/2024 14:18

EeesandWhizz · 18/02/2024 14:03

Erm yes?? Bit like all of the other 'unofficial' driving rules like allowing vehicles that have pulled in to let emergency services through to pull back out in front of you etc. Have you ever lived anywhere with very steep roads? Uphill is always given right of way over downhill, but you won't find it in the highway code.

This isn’t true at all.

BeingATwatItsABingThing · 18/02/2024 14:19

EeesandWhizz · 18/02/2024 14:03

Erm yes?? Bit like all of the other 'unofficial' driving rules like allowing vehicles that have pulled in to let emergency services through to pull back out in front of you etc. Have you ever lived anywhere with very steep roads? Uphill is always given right of way over downhill, but you won't find it in the highway code.

It’s not in the Highway Code because it’s not a thing. It’s common decency to let a car pull out when they have pulled in for an emergency vehicle. It’s common decency to allow the car coming uphill pass if you’re going downhill because it’s easier for gravity to help get going again. Can’t assume either though and standard Highway Code rules apply when it comes to who is at fault and insurance claims in accidents.

10ThousandSpoons · 18/02/2024 14:20

You're so lucky you didn't smash into each other. Blue was wrong and I hope you're OK

RedStripeypillow · 18/02/2024 14:20

100% he is in the wrong. What a bullying arsehole who probably wouldn't have shouted if you were a man. Hope he got to the end realised his mistake turned back and realised he had turned off the road and had made an idiot of himself.

SnakesAndArrows · 18/02/2024 14:22

BeingATwatItsABingThing · 18/02/2024 14:19

It’s not in the Highway Code because it’s not a thing. It’s common decency to let a car pull out when they have pulled in for an emergency vehicle. It’s common decency to allow the car coming uphill pass if you’re going downhill because it’s easier for gravity to help get going again. Can’t assume either though and standard Highway Code rules apply when it comes to who is at fault and insurance claims in accidents.

It is in the highway code, but only for single track roads. https://www.highwaycodeuk.co.uk/general-rules-techniques-and-advice-for-all-drivers-and-riders-general-advice.html#:~:text=Give%20way%20to%20vehicles%20coming,pedestrians%2C%20cyclists%20and%20horse%20riders.

BeingATwatItsABingThing · 18/02/2024 14:25

I stand corrected on single track roads. This isn’t an example of that though.

teaandtoastwithmarmite · 18/02/2024 14:53

Blue was in the wrong. Hope you're ok

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