Overtaking Incident

[MadBaz]

I found this on another forum and wondered what other members thoughts are

Apologies for the spelling mistakes, I didn't write it.

 

 

imagine this sinario

 

Driver A is doing 40mph in a 60 limit.

Driver B waits for a safe opportunity to overtake and then attempts to overtake.

 

Driver A responds by speeding up to stop him.

 

Driver B increases his speed ubove the limit in order to get out of the situation the other driver has deliberatly created.

 

Driver A speeds up again in order to prevent the overtaker from getting past.

 

Driver B slows down with the intent on falling back in behind.

 

Driver A slows down to prevents the overtakeing driver from doing this.

 

this behavior goes on for some time with Driver B constantly changeing speed in order to get back onto his side of the road but driver A keeps on changeing his speed in order to keep the overtaker on the wrong side of the road.

 

eventually it gets to the point where there is a colision with a car comming the other way. at the time driver B (overtaker) has reduced his speed to almost a stop, the car comming the other way didnt stop at all dispite seeing it comming from some distance away.

 

what is the liability of all 3 drivers? (i want some detail here)

 

 

 

common sence would dictate that

the person being overtaken is compleatly guilty because he intentionally trapped annother driver in a dangerous situation and continued to maintain this when he knew an accident was likely.

the overtakeing driver would be compelatly innocent because his actions were safe until the other driver did something totally unforseeable at which time he atempted to resolve it safely (by falling back) but he had no chance of doing so.

and the driver comming the other way should be liable because he did not slow down yet he had time to do so.

[adrianf.]

I would have thought that driver A was to blame due to the fact that driver B was overtaking in a safe place without breaking the speed limit.

Then again driver B was on the wrong side of the road and without witnesses hard to prove what really happened.

 

No doubt the wrong driver will get the blame.

[AndeeeH]

I would have thought that driver A was to blame due to the fact that driver B was overtaking in a safe place without breaking the speed limit.

Then again driver B was on the wrong side of the road and without witnesses hard to prove what really happened.

 

No doubt the wrong driver will get the blame.

 

Hi Adrian, they are a lot better than they used to be but take careful note of the above during your trip next week :ph34r: Andy.

[adrianf.]

Oh cheers pal, i feel much better now :ph34r:

[AndeeeH]

Oh cheers pal, i feel much better now :2:

 

Well look what happens when we beat them at rugby.......all the train drivers go on strike forcing everyone onto the roads where your GB plate will give you away ;) You'll have a great time, honest :ph34r: Andy.

[gio]

Did driver A stop? would like to thing so,as he shares responsibility, but alas driver B is not innocent. sure driver A has made it difficult but driver B should have stopped earlier as you say the incident went on for some time,even if it meant doing a emergency stop to outwit driver A who is clearly a dangerous idiot.

[mumof4]

This has happened to me a few times, go to overtake, car im overtaking speeds up, if the road is clear i accelerate to get past and the other car matches my speed, i put it down to the car im overtaking either doesnt like being overtaken by a clapped out old banger like mine or doesnt like being overtaken by a female driver .To me, the car im overtaking is in the wrong by driving dangerously in not letting me either overtake or fall back in behind.My kids know that if i say hold on, it means im going to brake very quickly.

 

Luckily ive never been confronted with a car coming the other way.

[suzuki91]

i ride a honda fireblade, the car would be in my mirrors before he could think about speeding up!!!!

[gregers]

i ride a honda fireblade, the car would be in my mirrors before he could think about speeding up!!!!

 

 

^_^ ^_^

 

why didnt driver b speed up and then brake sharply so he could fall back behind driver a,thus not having a collision with driver c then find a side road and stop and calm down before continuing,that is assuming this was a real scenario but as usual before you could give a truly honest answer you would have to be in it.

[MadBaz]

This was my reply and I got heavily criticised, goodness knows why ^_^

 

 

If I came across such a scenario and could not end it safely, then I would deliberatley ram driver A into the verge and call police at the earliest opportunity, when it goes to court I would claim quite rightly I was under duress and in fear for my life as well as driver C's. ending it this way almost guarantees driver A would have to explain his actions and would not get clean away and assuming the speeds involved are negligible no serious injuries should result. I would need a flippin good team of solicitors though.

 

Last year after 6 weeks of driving, I had to make a choice: (to be honest is wasn't really a choice, it was self preservation/panic) swerve or hit, head on, the blue Audi at speed on the wrong side of the road, I swerved and ended up in the wall, the Audi never stopped, I fortunately had witnesses to his/her driving but no registration, after the friction burns from airbag and financial losses (excess, increased premium) given the same circumstance I now would not hesitate to side swipe the bleeping idiot.

[big_kev]

Driver B is to blame...

 

Highway code states only overtake when safe to do so...

 

Having a f**kwit in front of you is not a safe situation to overtake....ignorance is not an excuse.

Identifying f***wits......BMW or Mercedes Logo's.....or driving south of the Watford Gap.

 

Also if car B has a collision with a car coming the other way then he deserves to be prosecuted.

 

 

 

 

 

Basic rule of driving....only listing the first three for simplicity.

 

 

1: Do not hit oncoming traffic....hit other traffic if necessary

 

2: Do not hit oncoming traffic....leave road if necessary

 

3: Do not hit oncoming traffic....take out pedestrians if necessary

 

 

 

Failing rule 1: , 2; or 3: would automatically quality you as a bad driver and you would deserve everything you got thrown at you.

[seatkid]

Combination of unexpected sudden emergency braking/full acceleration repeated if necessary will outwit 99% of such drivers and open up a gap.

 

If you come to a full stop, then the person that hits you is to blame as far as insurance is concerned.

Edited October 19, 2007 by seatkid

[mumble_bee]

tbh, whoever wrote that scenario - is at fault.. I know you tried to excuse the spelling, but it was atrocious !!!

 

 

I have a theory regarding similar (but not exactly the same behaviour) but its more subconcious than intended as the above situation was... but this is as good a place to share it..

 

driving at night as I regularly do, I'll have my cruise on at say 75.. and will be approaching someone doing about 65.. (this is motorway btw).. as I try to overtake in the faster lane.. I'll notice I'm passing him slower and slower.. until a point is reached where the chap is doing about 1-2mph less than me.. I will at this point still be in cruise...

 

This is the interesting bit.... MOST of the overtakees will back off once my car is 1/2 a car length ahead of them...

 

I hypothesise, that barring external obstacles, ppl subconsciously view being overtaken as a position of weakness, and through reflex are trying to compensate for this perceived humiliation by speeding up.

 

In some circumstances the chap being overtaken will speed up so much that I can comfortably slot in behind him.. cruise still engaged.. only for him to start slowing down again .. I assume ... unaware of his speed variance...

[mumble_bee]

btw I call the point that they back off... the point of submission.. lol..

 

its an old theory .. I have more of it floating around in the back of my mind.. if it garners any interest.. I'll dig up some more of it.

[sparky Paul]

I would have thought the easiest way out would be to pull up on the other side of the road, if there was absolutely no other way out. If car A was acting maliciously, and there were witnesses to prove, I would think that it could be classed as 'dangerous driving'?

 

It makes me think about a situation I experience quite a lot in the Galaxy. After driving at 30mph through a rural village (30mph limit), I enter open countryside and a 60mph limit. The chap who's been tailgating me through the village decides he's had enough of going at 30mph, and immediately pulls out to overtake - sometimes even before reaching the 60mph limit.

 

Surely he doesn't expect me to continue at 30mph, does he? ...or do I have to stop to allow every car to pass me when I leave a 30mph limit?

 

If there's nothing coming the other way, I will continue to accelerate... this is not a problem for most drivers, as I do not push the pedal to the floor in order to stop them getting past, but I do continue to accelerate steadily. The real problem comes when it's some idiot in a 1 litre supermini which barely has the power to keep up, nevermind overtake - I have left quite a few of these behind, and it really hacks them off.

 

As I say, it seems to happen to me quite a lot round here. What would you do?

[Bigjeeze]

The law is quite clear - you must allow another driver to overtake you - safely - You must not increase your speed to prevent him doing so.

 

The issue is that whether or not you are in the right - the fact is Driver A made it impossible to overtake safely - so you simply shouldn't. You must retuen behind him and carry on.

 

When you get to a point where he has to stop you then jump out and kick his F***** head in!!!

[big_kev]

If there's nothing coming the other way, I will continue to accelerate... this is not a problem for most drivers, as I do not push the pedal to the floor in order to stop them getting past, but I do continue to accelerate steadily. The real problem comes when it's some idiot in a 1 litre supermini which barely has the power to keep up, nevermind overtake - I have left quite a few of these behind, and it really hacks them off.

 

As I say, it seems to happen to me quite a lot round here. What would you do?

 

 

Until he gets past me the situation is his problem not mine.....

 

However if the guy is a halfwit ( Merc / BMW driver etc) then maybe it might be safer to have him in front of you rather than behind you !

[fastphil]

Diver B is at fault

It is the overtakers responsibility that it is safe to do so

and with driver A being a dick

it was obvious it was not safe to do so.

NO IFS OR BUTS

 

Many thanks

 

The Highway Code