who would be a at fault if we had collided?

[joko]

a coule of weeks ago, i was parked at the side of the road in designated bays that do not block the road at all...just behind me was a bus stop, which is not a bay sort, so the bus blocks the traffic for a moment...

as the bus had only just stopped, the way was clear for me to pull out...i checked my mirrors and there was no car beside the bus....so i pulled out...but as i did a car overtook the bus and flew round into my lane.

we didnt collide but they beeped me...

to my mind, i have right of way here and i cant be expected to know that they are going to overtake the bus...i know they might do, but i cant sit and wait on the offchance ... you could not see a car overtaking from where i was, until its out the other side so itd have made no difference anyway...

surely they should have been aware that there may have been a vehicle in front of the bus and been ready to pause...
they are the ones performing a manouvre and moving into the wrong lane.

but if theyd hit me...who would have been blamed?

i think them...but am i wrong?

cheers

[craft1948]

^ He's not wrong...........

[joko]

its wasnt approaching traffic...it was people overtaking...and driving in the wrong lane....

[joko]

surely the onus is on them to ensure their way is clear before making the manouvre...?

they would also have hit me from behind...

[factor-fiction]

On the other hand, Trim, isn't there some blame on the other driver as for all he/she knew there might have been :
(a) people who'd got off the bus or other pedestrians crossing in front of the bus, or
(b) there may have been a queue of cars/cycles in front of the bus

[craft1948]

Personally I would have waited for the bus to move off because I couldn't see there was no overtaking traffic..............

[ChuckFickens]

"they are the ones performing a manouvre and moving into the wrong lane."

"surely the onus is on them to ensure their way is clear before making the manouvre...?"

But you are also performing a manouvre (sic), or does pulling out from in front of the bus not count for some reason?

[albaqwerty]

Do not overtake unless it is safe to do so.

I'd rather wait 10 minutes behind a bus thank you. But then I am a bit of a wimp like that.

[MichaelZZ]

"Here lies the body of John O'Day
Who died maintaining his right of way.
His right was clear,
His will was strong.
And he's just as dead as if he'd been wrong."

[joko]

err...i didnt pull out in a hurry....i just pulled out as normal...because the bus immediately behind me, had stopped...i rather think its the over taker that was impatient.... why should i wait for the bus to move...if they wont?
my lane and road ahead was clear remember...

i didnt pull out in front of it either...because it was not there when i moved...

the car pulled into my lane, behind me, in a hurry, but presumably expected there to be a gap...and got a shock when there wasnt...

trim...you clearly have an attitude about this...so please dont answer of its going to be tainted with that....

[PeelerPal]

It sucks but you are in the wrong. The person overtaking could clearly see their right of way and that the road was clear for them to over take, the fact that you pulled out in front of them is the issue. there is a mis conception that if a driver is in the wrong lane because there is an obstruction on their side that they are in the wrong should a vehicle approach from the other way.

The fact is that if a driver has an obstruction on their side and has a clear road ahead they automatically gain right of way until there is a safe place to give way.

[PeelerPal]

Trim... you are right, this is an answer bank afterall. Sorry Joko but you asked and you should be able to accept constructive criticism.

[joko]

peelerpal...but thats the point...they couldnt see ahead at all...they could see the other side of the road was clear, but they couldnt see that the road was clear in their own lane, in front of the bus - because their was a big bus in the way - and their way wasnt clear at all ....because i was there in the lane...

i dont think you have understood the question... i was facing the way i was travelling and did not pull out into their lane... all 3 vehicles were facing the same way, travelling the same way.

i did not pull out infront of them because i was already in the road...they came round from behind the bus hoping to occupy the space i was in..

trim...i want answers that dont appear to be accusational and trying to imply i am some sort of boy racer that shot out into the middle of traffic
youy answers sound very bias, in that you expect me to wait 5 mins or so for the bus to pass, yet the person behind it can do what they like...

[joko]

peelerpal...trim has accused me of impatience and trying to danegrously rush out into traffic to beat a bus...that is not true nor is it 'constructive criticsm'...

[Davethedog]

You were in front of the bus, yes. You were in the right the overtaker must ensure that it is safe to overtake, the fact that he couldn't see in front of the bus, means it wasn't safe to overtake. There are no if or buts. Some may feel because he could see his way clear that he has the right, but he can only do it if its safe and it patently wasn't.

[PeelerPal]

Not entirely true dave because if joko couldn't see what was behind him when he looked over his shoulder, he should not have proceeded. Also when a bus stops it is only there normally for a short time and common sense says that all drivers should wait patiently for the bus to pull away so that all visibility from both drivers is clear.

[factor-fiction]

I don't really understand something here, joko. If you were were parked behind other cars in a row of bays and the bays were directly in front of teh path of a bus you must have pulled out into a second lane or onto the other side of the road. If that's the case then you wouldn't have been able to see if the new lane was clear
Just where did you 'pull out' into?

[joko]

but peeler i could see!

the bus was immediately behind me...! it had just pulled up, and noticed a bit of a queue so i knew it would be there for a few minutes and it was indicating the stop...so i figured my way was clear....

i think you are not grasping the situation here...