Whose fault in law ( no witneses )

[EmilysDad]

.... I have watched them come up close, then back off and keep their distance.

A left foot application of the brake pedal, enough to put the brake lights on, has the same effect

....... apparently!

 

[umblecumbuz]

A left foot application of the brake pedal, enough to put the brake lights on, has the same effect

....... apparently!

The difference is that your tactic (and I have employed it myself!) can get the guy behind annoyed. A rear facing camera is just an impersonal reminder, with no deliberate input.

 

[ajlsl600]

Plenty on the Bay.

But how will a forward facing dashcam show this particular accident?
To do the job properly you need both forward and rear facing cameras.

On my S204 I have both, but the rear facing camera has to sit in the middle of the rear window which is a pain in the rear view mirror, because that is the swept area of the wiper and the rear window (estate) gets mucky very quickly.

On the other hand, it is clearly visible to following cars, and I am sure it deters some motorists from tailgating! I have watched them come up close, then back off and keep their distance.

do you mean the type built into the rear view mirrror ?

 

[JayHoe]

Regarding CCTV at the garage... no, they won't let you look at it. However, they can be asked to check to see if it has captured the incident. You can then ask them to retain it for your insurers.

 

[umblecumbuz]

do you mean the type built into the rear view mirrror ?

No. My front facing camera is a Nextbase 402G, stuck to the windscreen - fortunately behind the mirror so hardly visible to the driver.

The second camera, on the estate rear window, sits bang in the centre of my view through the rear view mirror. Not ideal, but regrettably the best place for it, as it needs to be in the swept arc of the rear wiper. It also does a good job of letting following drivers know that they're on Candid Camera. It doesn't really obstruct the view through the mirror, but I certainly know it's there.

 

[Frontstep]

"However with no witnesses the other driver is going to say she was in the correct lane and my daughter moved accross and hit her"

How do you know ?

Not everyone is dishonest.

My antennae were twitching as soon as I read that.

 

[triumphstag]

Broken lines around a hatched area means that you can enter if necessary, doesn't sound like the other drivers use of it was necessary. However, even in that scenario she should have looked and signalled before moving over. That includes the over the shoulder glance, which is where he would have been. I think this one will be a 50:50 as both are in the wrong.

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[television]

I do like these threads, not for the unfortunate involved, but I had never given thought to a broken or solid line in the hatched area, it certainly does mean looking over your shoulder before changing lanes on these.

 

[Myros]

see section 35 of the Data Protection Act 1998

I'd ask them if they'd let you view it first, just to see if it can help.
the garage may release the footage on a discretionary basis in order for you to obtain a legal opinion. Ask them nicely, quoting section 35 in full. Ask them to preserve the footage, as you think it will be needed for future court action. Them, if they don't release it you could get a court order. It's a longshot to go to the beak for an order for something you haven't seen yet.

 

[Ken_R]

but I had never given thought to a broken or solid line in the hatched area, it certainly does mean looking over your shoulder before changing lanes on these.

Malcolm. It is not the hatch markings that are broken/unbroken, it is the white lines bordering the hatch markings that may be either broken/unbroken, which makes the difference.

Many think it is 'OK' on Motorways, to 'pinch a bit' on the hatch markings when joining/existing. Hatch Markings on Motorways are bordered by a solid white line and under the Traffic Signs Regulations and General Directions, these hatched areas are defined as part of the hard shoulder, and crossing them carries the penalty for such.

Local to me, I sometimes 'drop the missus off' at the footpath which leads into a local supermarket car park and hence, the store. There aren't any parking restrictions and whilst it is not long after a roundabout and on a slight left hand bend, there are no visibilty restrictions. The roadway at this point is quite wide, probably in excess of 4 vehicle widths.

However, to the right of where I stop, is an area of hatch markings bordered by broken white lines (prior to a right turn some distant yards ahead). The number of times other motorists have observed the hatch markings and just sat stationary behind me whilst she gets out is educational. Either they have forgotten, or more likely never learned, the rules regarding markings painted on the road surface.

And before anyone 'flames' me, I'll probably only do it about once or twice a year but, it is interesting to observe the lack of knowledge on this subject amongst the general motoring public.

As already mentioned, when turning right on fast/faster roads, and there is a hatched area bordered by broken lines, then I will use that area to 'tuck my arse in' and get out of the way of following vehicles. It allows following vehicles to maintain their speed and means that I can brake more gradually.

 

[Myros]

just broadening the debate slightly

imagine a single carriageway, one car wide each way, double solid white lines down the middle. there is a stationary vehicle (probably broken down) in front of you.
Do you

a) gingerly feel your way over to the forbidden side of the road and pass by, or
b) wait for the vehicle ahead to be recovered before you go on your way.

Now extrapolate the broken down vehicle to be a cyclist wobbling and moving slowly. You can't pass him safely w/out crossing a solid line. What now?

 

[Naraic]

^ A.

Most drivers, and I mean most, haven't a clue. Observe a bus lane, they only operate during the times the blue sign states...however most, again, I mean most drivers, will stay out of them no matter what time of the day or night.

 

[triumphstag]

imagine a single carriageway, one car wide each way, double solid white lines down the middle. there is a stationary vehicle (probably broken down) in front of you.
Do you

a) gingerly feel your way over to the forbidden side of the road and pass by, or
b) wait for the vehicle ahead to be recovered before you go on your way.

Now extrapolate the broken down vehicle to be a cyclist wobbling and moving slowly. You can't pass him safely w/out crossing a solid line. What now?

As long as the wobbly cyclist (or other slow moving vehicle) is travelling at less than 10mph you can legally cross a solid white line to overtake.

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[Ken_R]

As long as the wobbly cyclist (or other slow moving vehicle) is travelling at less than 10mph you can legally cross a solid white line to overtake.

Back in the days when I was 'Training', I had a list of these 'what if' scenerios that are covered by the Highway Code but which many/most had, ermm, forgotten?:-D