Accident - what rules apply when driving in the yard?

Question:

In the yard got into an accident. In the protocol from the scene, I was recognized as a victim (the second driver has an interference on the right). But the commission for analysis told me that they assume the movement of my car in the oncoming lane. In the courtyard, where the width of the roadway (excluding parked cars) is about 4.5 m, there are no signs, no markings either!

On what do you base your defense? What articles can you link to?

Lawyer's response:

In order for you to correctly build a position to protect your rights, you need to understand the concepts of traffic rules (clause 1.1). As you indicated, the accident happened in the yard. The yard, according to the Rules, is the adjacent territory to the road. Accordingly, the concept of "adjacent road" cannot be attributed to the concept of "road", the former is a separate entity adjacent to the latter. However, the movement in the yards is unambiguously carried out along the road, but on which one. Taking into account your explanations that there are no signs and markings in the yard, such a road cannot be combined with the basic concept of “road”. It should be recognized that the movement is carried out on the road of the adjacent territory.

The movement of the vehicle in the adjacent territory is carried out according to the rules of the traffic rules (clause 1.1). What rules you should have followed depends on the part of the road in the surrounding area where the accident occurred.

1. So, if the road of the adjacent territory has an intersection with the road of the same territory, and does not have signs indicating them, then the rule of equivalent roads applies and clause 8.9 of the SDA (interference on the right) is subject to application.
2. When leaving the yard, it is necessary to give way to all road users, and at the entrance - to pedestrians and cyclists (clauses 8.3, 17.3, 17.4 of the SDA).
3. If the accident occurred on a section of the road where one of the lanes is occupied by standing cars, and only one lane remains for the passage of the vehicle in both directions, then paragraph 11.7 of the Rules should be followed. The one who has an obstacle on his side will give way, while the second driver will have an advantage in movement.

If the movement has already begun, and such a hindrance has arisen for drivers in both directions. Of course, in this case it is impossible to speak unambiguously about such a duty. Drivers can agree, and the maneuver to clear the road can be performed by the driver who will make it safer. The situation is not regulated by the law.

Perhaps, from the options I have listed, you will find one that will help you understand your situation. In any case, you have the right to appeal the decision made by the commission to the body that issued it, or through the court.

Some other answered questions from the section "Traffic accidents":

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Before the intersection, approaching the traffic light, stopped at a red signal. Lights up green, I went. When I heard the sound of brakes, I stopped...

I was driving on the highway. The airbag deployed causing me to go off the road...they said the airbag deployed after I pulled off the highway, not before...

Three years ago I got into an accident in my car, while a passenger was injured (serious bodily injuries), but he is ready to write a “world” ...

In the yard got into an accident. In the protocol from the scene, I was recognized as a victim. But the commission for analysis told me that they assume the movement of my car in the oncoming lane ...

There was an unintentional collision with a pedestrian in an area of ​​unregulated pedestrian crossing. The person could not be seen because of the stopped trolleybus...

I was found to be at fault for the accident. An independent review has been issued. Am I required to attend an independent vehicle inspection?

I was driving through a residential area. The second participant in the accident drove away from the entrance on the right, moved in reverse and collided with my car ...

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I hit a car but didn't notice it. Left. It had damage on it. Who will pay for the damage - me or the insurance?

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Other Q&A topics:

34 -3.39, 5.47) or road markings (1.4, 1.10).

AT settlements it is also allowed to stop and park on one-way roads, which are marked road sign 5.5 "One-way road" and have no more than two lanes for traffic in one direction.

On one-way roads that have more than two lanes for movement in one direction, trucks with a maximum permissible mass of more than 3.5 tons, tractors, self-propelled machines and mechanisms are allowed to enter the leftmost lane to perform a left turn maneuver, as well as stop for the purpose of loading or unloading cargo.

Entry and exit from the traffic flow

Therefore, if you need to stop, look for a safer place to exit the road and stop the car. When entering the roadside, pay attention to its condition and width. When entering a shoulder that has soft ground, your vehicle may skid or even roll over. The narrow shoulder does not allow you to completely move off the roadway, which creates an obstacle for vehicles moving along the road.

Entry and exit from the yard

This maneuver is regulated by the second part of paragraph 8.3 of the SDA. When leaving the road, give way to pedestrians and cyclists, regardless of which direction they are moving.

If you turn right, pay attention to the fact that when changing lanes before turning, you will leave 40-50 cm on the right free space, where a scooter or a cyclist can unexpectedly settle down.

Accident: Departure from the parking lot into the yard

"Adjacent territory" - a territory directly adjacent to the road and not intended for through traffic of vehicles (yards, residential areas, parking lots, gas stations, enterprises, etc.). Movement on the adjacent territory is carried out in accordance with these Rules.

Just in case, I quote 8.3: When entering the road from the adjacent territory, the driver must give way to vehicles and pedestrians moving along it, and when leaving the road, to pedestrians and cyclists whose path he crosses.

Paragraph 5. Information and indication signs

8.1, 5.8.2, installed in front of the intersection, applies to the entire intersection, if the signs 5.8.1, 5.8.2 or 4.1.1–4.1.6, installed at the intersection, do not give other indications

If the sign installed in front of the additional lane has an image of the sign 4.4 or 4.7. then the driver of a vehicle that cannot continue driving along the main lane, taking into account the requirements of the indicated signs, must change lanes to an additional lane

Plot start middle lane three-lane road for traffic in this direction, or start of deceleration lane for left turn or U-turn 5.

SDA 2015 Russia

"Bicycle" means a vehicle other than wheelchairs, which has at least two wheels and is set in motion, as a rule, by the muscular energy of the persons on it vehicle, in particular by means of pedals or handles, and may also have an electric motor with a rated maximum continuous power not exceeding 0.25 kW, which cuts off automatically at speeds above 25 km/h.

traffic rules exit from the parking lot

1 a).

Finally, a sufficient gap has formed in the traffic flow and, without looking ahead, he begins to move, and the situation ahead has already changed. An oncoming car or a pedestrian crossing the road may appear there (1 b).

It often happens the other way around. The driver, when leaving the parking lot, focuses on not hitting the car in front. At the same time, he completely forgets to control the situation from behind (Fig.

The right driver

One girl in car "A" was driving without touching anyone, but the other treacherously ruined her left wing. Here's how it was from the words of the driver of car "A": "... I was moving along the yard passage. Slowed down in front of a pit in the asphalt and was hit by a passing car "B". I signaled for the driver of car "B" to stop ... ".

Why did the collision happen? The driver of car "B" wrote: "... Leaving the parking lot, I crashed into car "A", as it slowed down, and I had the steering wheel turned out to a larger radius ... ".

Compliance with traffic rules when entering and leaving the yard

Today we will only touch on the second part of paragraph 8.3 of the rules traffic. In the event that the driver leaves the carriageway, he must give way to cyclists and pedestrians, it does not matter in which direction the cyclists and / or pedestrians are moving.

Moreover, the driver must also remember paragraph 8.5 of the rules, which states that before turning, one should take an extreme position on the roadway.

Every year in the towns the number of cars only increases, which is why traffic jams form both on city streets and when driving through adjacent areas. The adjacent territories include objects that are not provided for through traffic - yards, parking lots, company areas, gas stations. Will try to understand the rules of the road relating to the exit and arrival from the yard.

First, let's talk about
entrance to the yard

Let's talk about Fri SDA, which regulate the arrival on
adjacent area. Now we will only touch on the second part of Fri 8.3
traffic rules. In this case, if the driver leaves the road, he must
let cyclists and pedestrians pass, with all this, it doesn’t matter in which direction
cyclists and/or pedestrians are moving.

Moreover, the driver must keep in mind paragraph 8.5 of the rules, in
which says that before turning you should take on the roadway
last position. It should be kept in mind that if turning into the surrounding area
is made to the right and from the car on the right side there are forty-fifty
see free space then this
a place can suddenly be taken by a road user, for example,
moped driver or cyclist. In this case, you will have to give in to him.
road.

It should be noted that now to call in some city courtyards,
turning left is quite difficult, because according to pt 8.8 of the rule,
the driver must give way to oncoming vehicles, the flow of which is sometimes
quite dense, especially the density of traffic is observed during peak hours. Specifically
therefore it is recommended to plan your routes so that when approaching work
or own house, the turn at the entrance to the courtyard was made only to the right.
Such routes can simply be found for virtually any adjacent area.

It is also worth taking into account elevation differences, which can
be observed upon arrival at the adjacent area. It is better to enter the yard with that
the side where your vehicle will move downhill. This will allow you in the event of an unscheduled
stop the car quickly continue to move, with all this you do not have to waste
time to move uphill.

Now let's talk about
leaving the yard

When the vehicle leaves the adjacent area, it
must give way to all participants in the movement, with all this, it is unprincipled how they move
members of the movement. Let's talk a little about cyclists, meeting with whom
the coming of spring (in most cases from mid-spring, but if the snow melted early and
the roads are dry and the temperature allows, then the cyclists are activated first
spring) grows many times and given fact hasn't hit anyone in a long time. So that's about
than I wanted to say, not all cyclists, unfortunately, know the traffic rules, because
drivers of cars that leave the yard need to be prepared for the fact that
A cyclist passes by your car on the sidewalk. It should be noted that
a cyclist is faster than a pedestrian because he moves at a speed of approximately 20-30 km/h. In particular this
burning when you have to leave the yard between the walls of 2 adjoining
houses or through the arch. In such cases, the chances of seeing the cyclist in advance
are small, or more precisely, even equal to zero.

Leaving the yard, one more feature should be taken into account. At
turning right you need to give way as a vehicle, which
moves from left to right (in other words, along the way), and the vehicle, which
moves from right to left (in other words, oncoming traffic). By the way, the car
which moves from right to left, can move in the oncoming lane, to this
you must also be ready and just in time to slow down to give way. During
traffic, do not forget that there are cars that drive, do not
observing traffic rules, and such cases, unfortunately, on the roads you can meet enough
often.

How to leave when
arrival at the territory of the yard

Often, drivers are faced with a situation where, when
upon arrival at the territory of the yard, two cars meet, which move in
reverse directions, and narrow races on
yard area. And here the question naturally arises: “who owes whom
skip?".

In this case, some drivers use clause 8.3 of the SDA,
which, by the way, is not suitable for many, because a car leaving the yard can
endlessly let cars that turn into the yard, with all this, he is so
and will not be able to leave the yard.

In other words, cars should be let through specifically when
departure, the departure itself is not carried out, therefore, paragraph 8.3 does not apply to this situation.
fits. The situation of the oncoming traffic of 2 cars is not regulated by the rules,
therefore, maneuvering in such cases remains on the conscience of the drivers. However
At the very least, here are some tips to keep in mind:

• Entering
  into the yard, it is recommended to first release all those leaving the yard
  auto.
• AT
  in the event that cars in a narrow passage turned out to be, as they say, “nose” to
  "nose", then reverse should be given by the car, which for maneuvers
  more space in the back. For example, if several people can pass in the yard
  cars, then reverse gear is better to do there. In this case, when
  the territory of the yard does not allow to make a maneuver, it is better to leave the yard.

When moving in reverse, do not forget that this
vehicle maneuver is on the list of the most unsafe, therefore it is recommended
use the help of third parties (for example, you can ask the driver to help
oncoming car).