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Author Whos fault would it be
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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29th Aug 12 at 18:52   View Garage View User's Profile U2U Member Reply With Quote

Coming down an A road, single lane each way, go to overtake a slow moving vehicle, otherside of road is clear so you begin the overtake just as you are doing it someone pulling out of a junction not checking to their left pulls out into your overtaking path and wham..?
adiohead
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29th Aug 12 at 18:52   View User's Profile U2U Member Reply With Quote

Person pulling out
Steve
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29th Aug 12 at 18:54   View Garage View User's Profile U2U Member Reply With Quote

100%? no 50/50 bullshit?
John
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29th Aug 12 at 18:55   View User's Profile U2U Member Reply With Quote

You shouldn't be overtaking at a junction.
SportBoy
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29th Aug 12 at 18:55   View User's Profile U2U Member Reply With Quote

the othercar. But you would have to be a major plank for overtaking at a junction in the first place.
Gary
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29th Aug 12 at 18:56   View Garage View User's Profile U2U Member Reply With Quote

50/50 imo as the other person will reckon you weren't there when they pulled out
Steve
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29th Aug 12 at 18:56   View Garage View User's Profile U2U Member Reply With Quote

Iv heard rumours about that, although road had broken lines to indicate overtaking if clear.

Hasnt happened btw, but i was about to overtake something today when someone did just that and i wondered what if

Anything official about junctions?

[Edited on 29-08-2012 by Steve]
Ian
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29th Aug 12 at 18:58   View Garage View User's Profile U2U Member Reply With Quote

Not sure there's any clear precedent on that, Highway Code does advise against going for the pop if it will mean you pass a junction but there's also not much mitigation in entering someone's path, regardless of where they are.

I would think it could go either way.
SportBoy
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29th Aug 12 at 18:58   View User's Profile U2U Member Reply With Quote

Can't see it being 50/50 as imo the other driver should check the road is clear regardless.

[Edited on 29-08-2012 by SportBoy]
Gary
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29th Aug 12 at 18:58   View Garage View User's Profile U2U Member Reply With Quote

Infact ive pulled out of many junctions left while only checking right.
Baskey
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29th Aug 12 at 18:59   View User's Profile U2U Member Reply With Quote

I sopose a junction that you can't see if anyone is coming up to is a potential hazard so you shouldn't be overtaking
adiohead
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29th Aug 12 at 18:59   View User's Profile U2U Member Reply With Quote

Any hatched markings on the main road at the junction?
Steve
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29th Aug 12 at 19:04   View Garage View User's Profile U2U Member Reply With Quote

Nah
adiohead
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29th Aug 12 at 19:06   View User's Profile U2U Member Reply With Quote

Describe the junction in a bit more detail.
Steve
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29th Aug 12 at 19:08   View Garage View User's Profile U2U Member Reply With Quote

Pull up to it, turn right or left
Gary
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29th Aug 12 at 19:08   View Garage View User's Profile U2U Member Reply With Quote

DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, when you are approaching

a corner or bend a hump bridge the brow of a hill


Sounds like its the overtakers fault 100%
Gary
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29th Aug 12 at 19:09   View Garage View User's Profile U2U Member Reply With Quote

Wrong paragraph...

O NOT overtake where you might come into conflict with other road users. For example

approaching or at a road junction on either side of the road
Ian
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29th Aug 12 at 19:10   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Gary
Infact ive pulled out of many junctions left while only checking right.


quote:
Originally posted by Gary
50/50 imo as the other person will reckon you weren't there when they pulled out


Don't ever say either of those two things if you want to win a case like that, both of them would be absolute gift to whoever you're up against.
Russ
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29th Aug 12 at 19:10   View User's Profile U2U Member Reply With Quote

this happened to kerry, she got 50/50, as they shouldnt have been overtaking and she shoulda looked left aswell as right
Ian
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29th Aug 12 at 19:13   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Gary
DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road


That's the one I was on about. Although I do think the person doing the overtake has some defence in saying the person entered their path.

That's like if you join a road with two lanes and there's traffic in lane 2 and you join lane 1, but someone moves from 2 to 1, its still the path of the guy who was already on the road and you'd have a duty to anticipate their movements from 2 to 1 and not enter their path. Same as if you entered a road you'd have a duty to ensure that no one has moved out to overtake.
smcGSI16V
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29th Aug 12 at 19:13   View User's Profile U2U Member Reply With Quote

You should always check both ways before entering a road from a junction.
Gary
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29th Aug 12 at 19:15   View Garage View User's Profile U2U Member Reply With Quote

Cant find it saying you should check left if turning left at a junction. Although it is common sence.
pow
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29th Aug 12 at 19:16   View Garage View User's Profile U2U Member Reply With Quote

Overtakes fault, shouldn't overtake on a junction
smcGSI16V
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29th Aug 12 at 19:17   View User's Profile U2U Member Reply With Quote

Should do because you should be checking your path is clear before entering
Ian
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29th Aug 12 at 19:17   View Garage View User's Profile U2U Member Reply With Quote

Yeah the Highway Code favours the guy doing the pulling out.

It'll be somewhere more general like pulling in to the path of someone else, cause them to take evasive action etc.

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