Accidental Offence ?

anotherbaldrick

Well aware that it is an offence of driving without due consideration if you drive through a large puddle and drench a pedestrian, but if you use the modern powerful windscreen/headlamp washers at the lights and unwittingly drown a cyclist you had not spotted worming his way through the stationary traffic to the front is it also an offence under the motoring regulations , even though the auto stop start may have switched the engine off ?

PS should I copy this into the cycling sub-forum ?

Strider590

Not the most cunning of plans.........

Nobody really ever uses the headlight washers, they're fitted because they have to be on certain headlights.
As such if I was cycling past traffic and somebody sprayed me with water, the actual percentage chance of it being an accident are so small that I'd assume it was an aggressive act by a cowardly driver locked away in their little safe box.

I had certain cars that would do this from their screen washers every day on a stretch of road I used to cycle to work.

Now considering this: http://www.nhs.uk/news/2010/06June/Pages/Legionnaires-risk-from-wiper-water.aspx

I'd let it ride once, but if the driver did it again i'd go around to the drivers side, tap on the window and empty my water bottle through into their lap, failing that they'd lose a wing mirror.

Retrogamer

If a driver done this "by accident" to a cyclist and the cyclist got such a fright / shock that they jolted and their leg accidentally kicks the car, who's fault would that be?

Retrogamer

As a serious answer though, if a motorist adjusts their washer jets on purpose and soaks a pedestrian or cyclist with them, then it's classed as assault.

It's also an offense under the construction and use regulations for motor vehicles.

andyfr_2

Strider590 wrote: »

Not the most cunning of plans.........

Nobody really ever uses the headlight washers, they're fitted because they have to be on certain headlights.

With my car there is no option, if the lights are on and I activate the windscreen washers it also activates the headlamp washers. Not every time, just the first and every third subsequent time.

Car_54

The law says "If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence." and "A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver."

So if you soak a cyclist, are you being careful and competent? Are you showing reasonable consideration? I'd say no, but ultimately it would be for a court to decide.

Tobster86

If you're aware that your car does this, driving with due care and consideration dictates being careful about where and how you use its screen/light washing facilities.

My headlight washers !!!! water left, right & Chelsea; especially the right one which is damaged (replacements are very expensive as they're also heated, so I've put this off for some time). I'm consequently very careful about where and how I use them!


I share andyfr's problem. If I need to use the windscreen washers in a built up area (which pretty well precludes ANY use of the headlight washers as they'll toss water over someone's house and into their back garden) I have to switched the lights off first. Doesn't work very well at night.

Gloomendoom

Strider590 wrote: »

Not the most cunning of plans.........

Nobody really ever uses the headlight washers, they're fitted because they have to be on certain headlights.

We have two cars with headlight washers and they operate automatically whether we like it or not.

AdrianC

Strider590 wrote: »

Nobody really ever uses the headlight washers, they're fitted because they have to be on certain headlights.

And on those cars without HIDs?

Headlamp washers are massively useful - wipers more so than spray-only, but both work very well. IF they're adjusted properly. And, if they are, then they don't spray passing cyclists or pedestrians. Just the same as windscreen wipers.

neilmcl

Gloomendoom wrote: »

We have two cars with headlight washers and they operate automatically whether we like it or not.

As do most new cars with auto headlight washers.

bigjl

Strider590 wrote: »

Not the most cunning of plans.........

Nobody really ever uses the headlight washers, they're fitted because they have to be on certain headlights.
As such if I was cycling past traffic and somebody sprayed me with water, the actual percentage chance of it being an accident are so small that I'd assume it was an aggressive act by a cowardly driver locked away in their little safe box.

I had certain cars that would do this from their screen washers every day on a stretch of road I used to cycle to work.

Now considering this: http://www.nhs.uk/news/2010/06June/Pages/Legionnaires-risk-from-wiper-water.aspx

I'd let it ride once, but if the driver did it again i'd go around to the drivers side, tap on the window and empty my water bottle through into their lap, failing that they'd lose a wing mirror.

You do realise that most headlamp washers operate automatically if you wash your windscreen with the dipped headlights on?

Haven't bothered to check if they do so with just sidelights.