With all the discussion, and often confusion, about seniors’ road safety and testing to maintain a driver’s licence, there’s no time like now to talk about taking care on roads especially as summer is an ideal time for touring.
In particular, rural roads may seem slower and safer than city motorways and busy highways, but motorists can be fooled into thinking country byways ensure safety.
Accidents can happen on rural roads as easily as city routes – one party may fail to give way or simply take a corner too quickly and end up off the road. Road conditions in rural areas are often of a lower standard than highways. They may have potholes, gravel, and shiny patches and can also be winding.
If you end up in an accident, it may be due to the road conditions, driver inattention, or other circumstances. You should know your rights and what you might be able to do about it.
Sunstrike is not a defence in an accident; if for any reason you cannot see the road the law says you must pull over to the side until you are able to see again. Don’t keep driving even if you think you are being careful.
In such cases, the driver may be charged with careless or inconsiderate driving, which doesn’t mean the action has been deliberate; it might just have been a lapse of attention.
But there are other elements to think about – sunstrike, for example. Sunstrike is not a defence in an accident; if for any reason you cannot see the road the law says you must pull over to the side until you are able to see again. Don’t keep driving even if you think you are being careful.
Likewise, falling asleep at the wheel has consequences. Usually, a weary driver will experience signs of tiredness such as yawning or starting to nod off at the wheel. Such signs should not be ignored. If any occur, drivers must stop and rest.
However, if faced with an emergency such as an unexpected obstacle on the road, this may require a split-second decision. In general, the law will not judge a driver even if the split-second decision the driver is forced to make turns out to be the wrong one.
For example, if suddenly confronted by a tractor around a blind corner and you swerve to avoid hitting it but crash into a power pole, the law says you may not be at fault if you did your best.
But these are incidents no driver wishes to encounter so drive with caution especially on unfamiliar country roads. On the other hand, an over cautious, very slow driver can cause other motorists to become impatient. The charge is actually, “careless or inconsiderate driving”.
This means that an inconsiderate driver can also be charged. So, if you don’t feel confident to drive very fast, that is absolutely fine and may be the right thing to do. However, if you see a line of cars behind you, pull over as soon as it is safe and allow them to pass.
Finally, if you have any concerns about any traffic matter, consult a lawyer.