Who is to blame?

Labman_2

Little_John wrote: »

... the other driver was still moving slowly and he considered my move dagerous. I knew at tthat poin I had fialed so I went all out to get as many faults and failures as I could?

Little_John wrote: »

... I got him to jump on the break another time and managed to get another 2 major faults by getting 3 minors errors on the same bit I also managed to get at least 1 minor fault in every section most I had 2.?

Little_John wrote: »

... the examiner was shakeing when he got out of the car.

Little_John wrote: »

...I was actually a very good driver when learning?

The first 3 quotes make the fourth one a joke!

susy_2

Thanks to all for this thread. I have learned something today. I thought that by flashing you, they were giving you the right of way. It was way, way, way, way back when I passed my test and cannot remember anything being mentioned about this? I will think very carefully when flashed in future.

Andy_L

I've always played the game that a slow flash is a "come on in" indication whilst a fast flash is a "what the *!!* do you think you are doing you muppet

dunstonh

http://www.highwaycode.gov.uk/07.htm

90: Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights in an attempt to intimidate other road users.
91: If another driver flashes his headlights never assume that it is a signal to go. Use your own judgement and proceed carefully.

i_love_it

I haven't read all replies but any driver flashing lights is an ambiguous situation, especially when it results in an accident. At no time does another driver give you right of way of all traffic, it is merely acknowledging your presence and preference of manoeuvre, but the liability of that maneuver always remains with the driver who moves. You cannot shift liability of your manoeuvre to another drivers assumed consent.

I was a passenger in a car once at a junction on a dual carriageway where the car in the left hand lane, stationary, had beckoned a young boy to cross the road when lights had changed to green for the traffic, the boy crossed and we hit him in the right hand lane as we slowly approached the crossing but did not stop due to green light, the boy was ok and no charge was made to the driver, my ex boyfriend. He was only a young boy, he should have checked the other lane for traffic......

If anyone one gives what you assume to be your right of way, you have to check your manoeuvre is safe all round,

iceman_2

dunstonh wrote: »

http://www.highwaycode.gov.uk/07.htm

90: Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights in an attempt to intimidate other road users.
91: If another driver flashes his headlights never assume that it is a signal to go. Use your own judgement and proceed carefully.

Just goes to show how out of touch with reality some of the highway code is. Go and ask 1000 people on the roads how they interpret flashing lights in this situation, I'd bet at least 900 would say it means go (obviously subject to other indications that it is safe eg. car giving way is obviously slowing or stopped).

benood

iceman wrote: »

Just goes to show how out of touch with reality some of the highway code is. Go and ask 1000 people on the roads how they interpret flashing lights in this situation, I'd bet at least 900 would say it means go (obviously subject to other indications that it is safe eg. car giving way is obviously slowing or stopped).

This is a meaningless generalisation - it depends on the exact conditions, the fact you quote other indications shows that the highway code actually does a pretty good job in difficult circumstances.

A few weeks ago I was on an A road approaching a crossing and a car was stationary waiting to turn right but had overshot the stop line by about half a car length but still plenty of space for me to pass - about 20 seconds away from him I flashed - indicating to my mind I had seen him and questioning what he was playing at, perhaps if I was a more aggressive driver I would have hooted but my reflex is always to flash. He waited what seemed an age then decided to come far too late, only, though I say so myself, some pretty nifty evasive action by me avoided a nasty accident very similar to that described by the OP.

When I ran through the incident in my mind if there had been an accident obviously the other car would have tried to justify pulling out based on the fact I had flashed him. I did wonder what would have happened if in manoevering to miss him I had hit another vehicle - no doubt that would have dropped me in it and he would have driven off a la Mr Bean.

olly300

iceman wrote: »

Just goes to show how out of touch with reality some of the highway code is. Go and ask 1000 people on the roads how they interpret flashing lights in this situation, I'd bet at least 900 would say it means go (obviously subject to other indications that it is safe eg. car giving way is obviously slowing or stopped).

You have just agreed with rule 91. i.e.
91: If another driver flashes his headlights never assume that it is a signal to go. Use your own judgement and proceed carefully.

iceman_2

olly300 wrote: »

You have just agreed with rule 91. i.e.
91: If another driver flashes his headlights never assume that it is a signal to go. Use your own judgement and proceed carefully.

And condraticted the other one all in one.

It's not a remotely meaningless generalisation, most of the time on UK roads a flash of lights indicates that you are giving way. I'm not saying the OP's son should have done what he did but the other driver is definitely partially liable in my opinion.

Does the highway code also suggest the rubbish system you have to use in your driving test whereby you have to feed the steering wheel through your hands, and have both hands on the wheel at all times, both of which lead to massively less control over the wheel.

benood

iceman wrote: »

And condraticted the other one all in one.

It's not a remotely meaningless generalisation, most of the time on UK roads a flash of lights indicates that you are giving way. I'm not saying the OP's son should have done what he did but the other driver is definitely partially liable in my opinion.

Does the highway code also suggest the rubbish system you have to use in your driving test whereby you have to feed the steering wheel through your hands, and have both hands on the wheel at all times, both of which lead to massively less control over the wheel.

No as I said it's just a meaningless generalisation. The Highway Code works because it is not prescriptive, it requires drivers to be able to use their judgement and common sense, and naturally has grey areas, the proof it works is that the accident rate on Britain's roads is so much lower than that on the continent.