Incident during breakdown recovery

iammumtoone

Warwick_Hunt wrote: »

What's the relevance of the two children?

None really I suppose, you can't ask anyone to stand on the side of the motorway but it is even more dangerous for young children who are known to not to have any awareness for their own safety.

atrixblue.-MFR-.

Go through MCOL it wont cost allot of money to start litigation yourself. Ive don't it and it cost me a day and £150. which I got back form the person I took to small claims, plus interests plus admin charges of £10 per letter (I stated in the letters that a admin charge of £10 would be applicable to the ongoing costs due to the amount of times ive had to contact them), there was no protest to the admin charges therefore judge awarded them.

Warwick_Hunt

iammumtoone wrote: »

None really I suppose, you can't ask anyone to stand on the side of the motorway but it is even more dangerous for young children who are known to not to have any awareness for their own safety.

The young children were only on the hardshoulder as a result of the breakdown, nothing to do with the recovery driver.

Manxman_in_exile

I don't think they broke down on a Motorway. They joined one after the tow commenced.


The tow-truck driver stopped on the hard shoulder when they relaised the boot was open. Then he wanted to wander back down the motorway to recover stuff...

Warwick_Hunt

Manxman_in_exile wrote: »

I don't think they broke down on a Motorway. They joined one after the tow commenced.


The tow-truck driver stopped on the hard shoulder when they relaised the boot was open. Then he wanted to wander back down the motorway to recover stuff...

But the important part is no children were harmed during this drama as they were safely sat in the vehicle.

iammumtoone

Warwick_Hunt wrote: »

But the important part is no children were harmed during this drama as they were safely sat in the vehicle.

No there weren't so no claim or compensation due, agreed.

But that doesn't mean that the driver can get away with his actions at the very least he needs some more training, The hard shoulder is a dangerous place you can't just leave people on there for no valid reason, you are suppose to get off it as soon as you are able. If the OP hadn't been so sensible they could have just agreed with what the driver told them. I am sure the company wouldn't want that to happen to any other families this driver may pick up in future.

Manxman_in_exile

Warwick_Hunt wrote: »

But the important part is no children were harmed during this drama as they were safely sat in the vehicle.

True - but I'm not sure that remaining
[*] in a vehicle (even a tow-truck) on the hard shoulder is recommended on safety grounds.


[*] Aren't you meant to get out and get over the safety barrier? (if safe to do so)

iammumtoone

Manxman_in_exile wrote: »

True - but I'm not sure that remaining
[*] in a vehicle (even a tow-truck) on the hard shoulder is recommended on safety grounds.

[*] Aren't you meant to get out and get over the safety barrier? (if safe to do so)

I think that latest advise is to stay in the vehicle in an emergency only.

The advise is not to be on the hard shoulder at all, unless you really have to be.

atrixblue.-MFR-.

iammumtoone wrote: »

I think that latest advise is to stay in the vehicle in an emergency only.

The advise is not to be on the hard shoulder at all, unless you really have to be.

What the current highway code states is if your on the hard shoulder broken down exit the vehicle from the passenger side remove all occupants and stand well away from the vehicle.


Rule 275

If your vehicle develops a problem, leave the motorway at the next exit or pull into a service area. If you cannot do so, you should:

• pull on to the hard shoulder and stop as far to the left as possible, with your wheels turned to the left
• try to stop near an emergency telephone (situated at approximately one-mile intervals along the hard shoulder)
• leave the vehicle by the left-hand door and ensure your passengers do the same. You MUST leave any animals in the vehicle or, in an emergency, keep them under proper control on the verge. Never attempt to place a warning triangle on a motorway
• do not put yourself in danger by attempting even simple repairs
• ensure that passengers keep away from the carriageway and hard shoulder, and that children are kept under control
• walk to an emergency telephone on your side of the carriageway (follow the arrows on the posts at the back of the hard shoulder) – the telephone is free of charge and connects directly to an operator. Use these in preference to a mobile phone (see Rule 283). Always face the traffic when you speak on the phone
• give full details to the operator; also inform them if you are a vulnerable motorist such as disabled, older or travelling alone
• return and wait near your vehicle (well away from the carriageway and hard shoulder)
• if you feel at risk from another person, return to your vehicle by a left-hand door and lock all doors. Leave your vehicle again as soon as you feel this danger has passed.
  
  
  Do not Stop on hardshoulder unless in an emergency, tow truck driver should have exited at the next services to assess why he was being beeped and flashed.

Warwick_Hunt

atrixblue.-MFR-. wrote: »

What the current highway code states is if your on the hard shoulder broken down exit the vehicle from the passenger side remove all occupants and stand well away from the vehicle.


Rule 275

If your vehicle develops a problem, leave the motorway at the next exit or pull into a service area. If you cannot do so, you should:

• pull on to the hard shoulder and stop as far to the left as possible, with your wheels turned to the left
• try to stop near an emergency telephone (situated at approximately one-mile intervals along the hard shoulder)
• leave the vehicle by the left-hand door and ensure your passengers do the same. You MUST leave any animals in the vehicle or, in an emergency, keep them under proper control on the verge. Never attempt to place a warning triangle on a motorway
• do not put yourself in danger by attempting even simple repairs
• ensure that passengers keep away from the carriageway and hard shoulder, and that children are kept under control
• walk to an emergency telephone on your side of the carriageway (follow the arrows on the posts at the back of the hard shoulder) – the telephone is free of charge and connects directly to an operator. Use these in preference to a mobile phone (see Rule 283). Always face the traffic when you speak on the phone
• give full details to the operator; also inform them if you are a vulnerable motorist such as disabled, older or travelling alone
• return and wait near your vehicle (well away from the carriageway and hard shoulder)
• if you feel at risk from another person, return to your vehicle by a left-hand door and lock all doors. Leave your vehicle again as soon as you feel this danger has passed.
  
  
  Do not Stop on hardshoulder unless in an emergency, tow truck driver should have exited at the next services to assess why he was being beeped and flashed.

That maybe in the Highway Code but think about what you've actually quoted.

If you point your wheels to the left and your stood at the nearside of the car and slightly ahead of it. (Using it for protection because there's no barrier) Where's it going if it's hit?