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who has right of way

Issues arising from our actions on the roads - including Transport.

Re: who has right of way

Postby atticus » Wed Oct 18, 2017 12:51 pm

As he prepares his statements, some reading matter for the OP:

viewtopic.php?f=20&t=1157

viewtopic.php?f=20&t=5327

viewtopic.php?f=20&t=1583
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Re: who has right of way

Postby shootist » Wed Oct 18, 2017 1:18 pm

Was for me.
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Re: who has right of way

Postby atticus » Wed Oct 18, 2017 1:35 pm

I have seen it now. On first viewing I could see the cyclist moving behind the queuing cars, and I could see him emerge in front. I think I might have anticipated the cyclist coming out, given the speed he was travelling. You appear to have had enough time to head further to the right in your lane, whereas you were heading close to the left. Had there been a collision, the cyclist may have found that video helpful.
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Re: who has right of way

Postby 3.14 » Wed Oct 18, 2017 1:53 pm

The cyclist should not have emerged from that junction until the traffic allows him.
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Re: who has right of way

Postby SPQR49 » Wed Oct 18, 2017 3:54 pm

My thanks to atticus for those very helpful links to much-appreciated information (et al).

It seems as though the Defendant`s driver (company car driver, company is the Defendant) is abroad now lives abroad and so will not be in Court. I asked to see his witness statement from the firm of solicitors that were representing D but it appears they do not have one on file as he did not provide one?!

Not having done this before, I am presuming there are CPRs which deal with witness statements that have to be signed in the form of a declaration of truth or the like which presumably means if one lies there are consequences. Does the fact that the witness himself cannot attend Court count against D (in the sense that their evidence cannot be tested in cross-examination)? If so, that sort of seems a little unfair (as e.g. the cost of attending may be wholly disproportionate with the amount of the claim?)
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Re: who has right of way

Postby atticus » Wed Oct 18, 2017 4:11 pm

also - viewtopic.php?f=20&t=6911

CPR Rules -

Part 32 on evidence generally: http://www.justice.gov.uk/courts/proced ... les/part32 (see PD 32 for form of witness statements - yours should also comply! http://www.justice.gov.uk/courts/proced ... /pd_part32)

Part 33 - Hearsay notices (where a witness is very ill, dead, abroad etc): http://www.justice.gov.uk/courts/proced ... les/part32

Courts do bear in mind that such a witness has not been in court and has not been cross-examined, and may give less weight to their evidence as a result.
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Re: who has right of way

Postby shootist » Wed Oct 18, 2017 4:33 pm

I have encountered (criminal) cases where the defence insists they will plead NG, in spite of often overwhelming evidence, in anticipation that a vital witness for the prosecution may not attend. I wonder if there is something similar happening here. If done well it can be very intimidating and may well encourage the complainant to walk away.
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Re: who has right of way

Postby atticus » Wed Oct 18, 2017 6:12 pm

That approach can bring rewards.

Prosecutors and civil claimants must be ready and able to prove their case.

If a defendant takes the approach you describe and loses at a trial, there is often a cost, be it in sentence or costs he is ordered to pay.
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Re: who has right of way

Postby tph » Thu Oct 19, 2017 9:47 pm

What do the road markings on the roundabout indicate?
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Re: who has right of way

Postby Michael » Sun Nov 12, 2017 6:07 pm

Indicators have no bearing as to who is responsible because the Blue car is 100 % in the wrong.

What he did was a dangerous maneuver and if the police were called he could be charged with careless driving. The blue car is changing lanes on the roundabout in order to get to the exit and the person changing lanes is responsible to ensure it is safe to do so.The question should be WTH was the driver in the blue car thinking about. .

The red car did not have to exit at that junction and could have continued further around the roundabout . The second lane at the exit is not there for the blue car to exit onto unless it is safe to do so .It is not safe to do so if there are other vehicles travelling around the roundabout to his left as they could potentially continue further around the roundabout.


The Blue car should have when it was safe to do so pulled into the outside lane in advance of the junction and exited behind the red car.
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