motoring near accident

[jjaammeess]

Hi I have just had a near serious accident.I was driving on the motorway tonight in a slight fog in the dark doing about 55 mph when out of the blue a car appears in front of me.It is parked on the nearside lane( not the overtaking lane).In that instant I decided to swerve, fortunately there was no traffic in the overtaking lane at that instant.
If there had have been an accident who was to blame?
Was it the driver of the parked car who should not have been parked on the motorway or should i have been able to stop.Comments appreciated---James

[QuercusRobur]

You're not allowed to park on the motorway, only on the hard shoulder in an emergency. How much trouble you get into for doing it depends on the reason, and on what happens as a result.
Actually you were driving as safely as it's possible to at 55 in the slow lane.

[bednobs]

it would have been your fault for not leaving enough space to stop

[PatriciaH]

I would think it was the other drivers fault if he/she was "parked " in a driving lane and not the hard shoulder ? that could of been fatal.. glad you are ok

[NORMANTHEDOG]

for a start,the car parked could have been broken down and not been able to get over on to the hard shoulder,the second point is,you were going too fast if you had to swerve to miss the car,and the last point is,it would have been totally your fault if you had hit the car.you should have been able to stop in conditions of low visability,ie your speed was too much.

[Catron]

Yes, I am sorry but I agree with bednobs and NORMAN - the situation you found yourself in is no different than if there had been an accident and there was a queue of stationary traffic on the inside lane - you have to stop safely and in time to avoid any possible accident.

[New Judge]

Yes, you should always drive so as to be able to stop within the space you see to be clear.

The minimum stopping distance at 55mph (as per the Highway Code formula) is about 206 feet (63 metres). If the fog led to the visibility being less than this distance then you were driving too fast for the prevailing conditions and if you had collided with the parked vehicle it would have been your fault.

There are very few situations where, if you collide with a stationary vehicle (even though it may be in an illegal position) you can be seen as blameless.

[Gromit]

The Highway Code says....

125
"The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Driving at speeds too fast for the road and traffic conditions is dangerous. You should always reduce your speed when...
...weather conditions make it safer to do so"

So, if you did not see the parked car until you almost hit it, you were possibly driving too fast for the conditions.

[jjaammeess]

hi all Thanks for all your answers----it seems that I was to blame and it is a wake up call and a realisation that you cant take your attention of the road for a instant--James