Stationary van

[sean110869]

H]ello, advice please.

 

I am a courier and was parked on double yellow lines whilst doing a delivery, the local traffic wardens have always said have approx. five mins to get the delivery done.

 

When getting back into my van which is a large transit jumbo so I have to pull myself in and with the hazards on and wearing a high viz some idiot still managed to hit my open door and put a large crease in it.

 

He did get my details and I got his but then started to try and blame me as I should have been looking over my shoulder whilst getting into my vehicle so as to not hit him. This was a busy main road and at least twenty cars had passed me whilst I walked from one end of my van to the drivers door and at least three in the time it takes to throw scanner in seat and get in so I walked away rather then be goaded into an assault charge.

 

What has concerned me is despite the high viz and the fact he could have killed me when I reported the matter to the police as I did not want him to say did not see me as not wearing the correct clothing so wanted them to note what I was wearing they stated as we had exchanged details they did not get involved. I would have thought he would have faced a driving with out due care charge but they did not want to know.

 

Is it true stationary vehicle did not even have keys in ignition the other party is to blame

[dx100uk]

I would think you don't stand a chance

 

there is no 'magic' immunity to parking where you did

hi-vis vest or not, there were DYL's

 

bit like the hazard warning lights being on makes everyone immune from prosecution.

 

you need to go back and see if there were any loading/unloading signs.

 

the bottom line is you should not have been parked there.

 

dx

[sean110869]

dx thanks for your reply but in fact there is an exemption when delivering for parking on double yellow lines when loading and unloading after 11.00 hrs time limit is set between 10 / 20 mins but is in local gov guidelines.

[sean110869]

Loading is allowed on single and double yellow lines as long as you do not cause an obstruction and there is no loading ban in place. Always check street signs for clarification http://www.trafford.gov.uk

[dx100uk]

ok

have you thought about local cctv footage?

 

ask the council?

 

dx

[ericsbrother]

The driver of the moving vehicle is 100% to blame, the law does not take into account what you were doing but considers the consequences of the actions of the driver. The driver could have hit anything or anyone and that is the point. there are other threads on similar matters regarding a driver sliding on ice into a stationary vehicle that was illegally parked and it was pointed out that he was in the wrong.

[dx100uk]

your right so there was

brain ache!!

dx

[Ganymede]

Hi, did you just open your door and then a few second later the other car hit it?

 

Thanks

[dw190]

H]ello, advice please.

 

 

When getting back into my van which is a large transit jumbo so I have to pull myself in and with the hazards on and wearing a high viz some idiot still managed to hit my open door and put a large crease in it.

 

Is it true stationary vehicle did not even have keys in ignition the other party is to blame

 

The times I've seen doors creased when opened in front of moving traffic.

 

Hi Viz or not. You should not open the door by a lane of moving traffic. Where do the vehicles go if they're facing oncooming traffic?

 

While motorists should leave a wide gap when passing stationary vehicles, its not always possible.

[citizenkain]

i personally dont think you should consider the passing car 100% to blame,if youve opened the door and put the door there for him to hit you are partially responsible,what if it had been a cyclist or a motorbike,people just cant react that fast

[ericsbrother]

citizenkain, the thoughts of people dont really come into it. The moving vehicle is expected to take such things intio account before performing any maneuvre such as passing a stationary vehicle. You will fail your driving test if you run people over who happen to run into the road in front of you and get prosecuted to boot despite the fact you didnt actually do anything wrong. It might seem a little unfair but unless the OP did it deliberately the dirver of the moving vehicle is at fault.

[renegadeimp]

Actually both parties would be at fault. The person in the stationary car for not checking their surroundings before exiting thus causing a possible major road hazard( Part of regular driving lessons), and the driver of the moving car not thinking or looking ahead for potential obstructions or accidents ( again part of the driving lessons).

 

The blame here would lie on both parties and not just one.

[Guest]

if he hit the door, then likely his fault (but maybe with some contributory). unless the door was opened in a manner which rendered a collision with it unavoidable in the circumstances (ie maybe what ganymede was alluding to i think?).

unlikely that the police will get involved, unless no insurance etc type offences.

Edited April 1, 2013 by Ford

[renegadeimp]

If the door was opened fully while traffic was moving along the road, then it would be the stationary vehicles driver at fault. The driver should take all care not to obstruct traffic, even if it means waiting 5 mins for the road to clear so he can enter the vehicle safely.

 

However, im a little puzzled.

 

When getting back into my van which is a large transit jumbo so I have to pull myself in and with the hazards on and wearing a high viz some idiot still managed to hit my open door and put a large crease in it.

 

How did he manage to hit the door hard enough to make a crease in it with you in the process of climbing in , yet you escaped without injury or even a comment at all, despite , in your own words, you had hazards on and you were pulling yourself in? To make the crease, that would mean the driver would have crashed into you with the door closed ( a completely different scenario) or you left the door open while away from the van and he crashed into it.

 

Now i could be wrong, but i dont think we're actually getting the full picture.

[Guest]

If the door was opened fully while traffic was moving along the road, then it would be the stationary vehicles driver at fault. The driver should take all care not to obstruct traffic, even if it means waiting 5 mins for the road to clear so he can enter the vehicle safely.

 

......

 

quite, as before, was it unavoidable by the car driver or not as ganymede asked. depends on the actual circumstances.

ps, if it goes via insurers, they will assess things via their policy etc. if the end result adversely affects your insurance, then would need to consider things then.

Edited April 1, 2013 by Ford

[sean110869]

Thank you all for your replies just to clarify things -

 

1) I was entering the vehicle not exiting

 

2) Having sought legal advice I would advise you to look up the case off Langley v Draper which describes the reasonable care a driver should take should you find yourself in similar situation.

 

3) Other party has not got a leg to stand on so in the end the law has done it's job - stationery vehicle / plenty of vision at least two hundreds yards = other party negligence

[citizenkain]

well,basic driver courtesy for the driving test,basic or advanced is looking around before opening/closing the door for other road users whether your in a double yellow line area or not,I assume the dyls were there because it is a bad bit of road with bad visability,it might even be an accident blackspot as a lot of van drivers might be stopping there and throwing the doors open when they get in and out of their vans,its not really cut and dried,if I was coming round that corner and you were sitting there and just slung your door open I certainly wouldnt be happy with that or consider myself 100% at fault and I dont think the court will either,even if a passing driver was travelling at 10 miles an hour taking plenty of care in a tight street he cant be held totally responsible for all the damage caused by someone throwing a door open.