Wheelie Bin Damage

[Kes300]

A road with no path had a bin left at the boundary which was approx 300 mm ont the road when passing at the same time as on coming traffic impact was unavoidable I believe the council should not have enforced there boundary collection rule but collected from within the boundary
To avoid the risk of this kind of incident any thoughts

[Barmaid]

The bin shouldn't have been on the road but it was there to be seen.

[Kes300]

True the bin was there to be seen so was the oncoming vechile which passed simaltainiously short of driving into oncoming traffic the impact was unavoidable but thank you for your input to a question of liability and law

[bednobs]

jut because things are in the road, doesn't mean you can just drive into them with impunity. If a child had been standing in the road, you could not say "well it shouldn't have been there" and get away with it

[bednobs]

there is no doubt about it, someone misjudged their distance (either the "oncoming" vehicle or the one that hit the bin but as you give no further info, who knows?

[Barmaid]

The person who hit the bin is at fault. It was there. It didn't move. The driver should have seen it and stopped.

[Kes300]

Ok more info time dawn semi darkness 22nd January 8.28 am road conditions wet on coming traffic (lights on )impact approx 50yards past a blind bend 20 mph restricted speed area school run time with tailgating traffic so
So do you
A, swerve and hit the oncoming car
B,hit the brakes and get rear ended
C ,hit a plastic bin and hope no harm done

[Old_Geezer]

You go around the bend at a speed where you can stop if an obstruction exists; those behind you do the same and leave sufficient distance to not rear-end anything.

[jackthehat]

A. Ridiculous.
B. No evidence to prove that would have been the case.
C. Seems to be the option you took.

Are you trying to establish/mitigate liability for the damage to either car or bin?

[Peter Pedant]

is this a criminal or civil case ?

it strikes me ( pun intended ) that if you damaged a bin then you pay for it - you are saying that if there was no negligence - then you donr have to

honestky - pay for the bin
no - it is NOT a matter of principle ....

[Kes300]

The question was posted to establish if under certain circumstances weather the council should be more flexible in there approach to refuse collection and walk the 10feet onto a properties driveway to collect rather than asking home owners to leave a bin on the edge of the boundary I put this question to the council after the accident their response was to blame the homeowner who are only doing as requested by the council

[Barmaid]

Stopping distance at 20mph is 40 feet. It's not great and there shouldn't be obstructions on the road but car driver still prima facie responsible for accident.

[sherrardk]

The stopping distance for travelling at 20mph is 40ft so the impact with the wheelie bin could easily have been avoided.

[Kes300]

So from bend to impact the dash cam clock says about 2 secs it's semi rural so there's not a clear line of sight to the bin for both of those seconds

[fiction-factory]

So the bin was overhanging the pavement by 30cm - one foot. Cars would normally drive more than 30cm from the edge of the road, especially if there was just a wall there, although i accept that maybe a wing mirrow could still have clipped it. Do the council specify bins should overhang?

[sherrardk]

Presumably all of the people who were driving ahead of you managed to avoid hitting the bin?

[cassa333]

Actually I think it is unrealistic to expect the refuse collectors to walk 10ft onto your drive and everyone else's drive to collect the refuse bins.

Although not privy to your councils requirements I would expect on a road with no pathway or verge to leave the bin on the boundary with the handle facing the road. There should be no need to overhang the public highway if positioned correctly.

[Tilly2]

300mm is 30cm, slightly less than 1 ft. Surely that is enough room to have avoided it?

[THECORBYLOON]

Braking distance is at least doubled in wet conditions. That means eighty foot at 20 mph. If the bin was fifty yards past a bend, that leaves another seventy foot to react and brake.

As it's a school area, no doubt there would be wee ones out and about. Why drive at the maximum speed in the wet and in semi-darkness round a blind bend when there could be wee one on the road?

[douglas9401]

https://www.safedrivingforlife.info/shop/product/official-dvsa-guide-hazard-perception-online-online

Hope this helps.

[Peter Pedant]

altho I dont likek saying this
you are talking about 300 mm - about a foot imperial measure and then talking about walking 10 or kinda 3m to collect
which one is it?
sorry to be thick

I thought leaving them on the boundary was to show you wanted them to be emptied ....