ShootingEgg Posted February 10, 2016 Report Share Posted February 10, 2016 I suppose it depends whether the owner has any insurance that will cover replacing the driver`s car and any loss of earnings from the accident. If not then the only way to recover those losses may be legal action. So finacial gain. Yes the horse got out but there are so many factors that could of made this possible. It doesnt have to come down to the horse owner being at fault. I personally am against the whole sue this sue that culture we seem to have in this country now. Quote Link to comment Share on other sites More sharing options...
digger Posted February 10, 2016 Report Share Posted February 10, 2016 Would you accept the cost of renewing your car in this case ? If it was an £8k car would you just say " oh well never mind " ? Quote Link to comment Share on other sites More sharing options...
Hamster Posted February 10, 2016 Report Share Posted February 10, 2016 So finacial gain. Yes the horse got out but there are so many factors that could of made this possible. It doesnt have to come down to the horse owner being at fault. I personally am against the whole sue this sue that culture we seem to have in this country now. Not necessarily gain but recompense. We just don't know enough about this accident but if the horse owners are in any way culpable then the insurance company will no doubt be seeking damages. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 10, 2016 Report Share Posted February 10, 2016 So finacial gain. Yes the horse got out but there are so many factors that could of made this possible. It doesnt have to come down to the horse owner being at fault. I personally am against the whole sue this sue that culture we seem to have in this country now. No, not financial gain, reimbursement for destroyed property. There is a difference. And yes I agree there could be many reasons why the horse escaped and it may not be the owner`s fault. However it`s still his animal that has ended up on a road and totalled a car. If someones dog escaped and bit a passerby do you not think that the owner of the dog would be the one held responsible? I don`t like the litigious society we have either. However not every case is an ambulance chaser and in this instance I wouldn`t criticise the driver for sueing for costs if no insurance payment was forthcoming. Quote Link to comment Share on other sites More sharing options...
12gauge82 Posted February 10, 2016 Report Share Posted February 10, 2016 So finacial gain. Yes the horse got out but there are so many factors that could of made this possible. It doesnt have to come down to the horse owner being at fault. I personally am against the whole sue this sue that culture we seem to have in this country now.Couldn't agree more Quote Link to comment Share on other sites More sharing options...
billytheghillie Posted February 10, 2016 Report Share Posted February 10, 2016 I know up in my neck of the woods a lot of horse owners have them insured, is this a legal requirement? Quote Link to comment Share on other sites More sharing options...
timmytree Posted February 10, 2016 Report Share Posted February 10, 2016 About 25 years ago a friend of mine was involved in a similar situation, the horse was owned by a 14 year old girl, she lost control of it and it threw her and then bolted into the front of Garys car, came down on the roof and windscreen crushing him. He had severe injuries including some brain damage. He was self employed so no money coming in, couldn't pay his mortgage and lost his house. He hasn't worked since. If the horse owner is responsible and insured then the driver should be able to claim. Quote Link to comment Share on other sites More sharing options...
aldivalloch Posted February 10, 2016 Report Share Posted February 10, 2016 I`d call it a lack of parental responsibility. If the guy was driving at the speed limit then he was doing nothing wrong and without knowing the full circumstance of the incident it`s impossible to pass judgement. Was the horse stood in the road or did it bolt out at the last minute? If the former then maybe the incident could have been avoided. If the latter then at 50-60mph it wouldn`t matter how good his reactions were a collision would likely be unavoidable. I have no view to express regarding this particular accident. However, it's way off beam to say that "If the guy was driving at the speed limit he was doing nothing wrong.." The speed limit is exactly what it says - a limit. The MAXIMUM speed at which one may drive. It's NOT the speed AT WHICH one should drive. Should one drive at the speed limit in thick fog? In snow? On ice? In heavy rain? In a heavily built-up area? Of course not. Driving at a speed inappropriate to road conditions IS wrong, dangerous, and can - and often will - attract prosecution. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 10, 2016 Report Share Posted February 10, 2016 I have no view to express regarding this particular accident. However, it's way off beam to say that "If the guy was driving at the speed limit he was doing nothing wrong.." The speed limit is exactly what it says - a limit. The MAXIMUM speed at which one may drive. It's NOT the speed AT WHICH one should drive. Should one drive at the speed limit in thick fog? In snow? On ice? In heavy rain? In a heavily built-up area? Of course not. Driving at a speed inappropriate to road conditions IS wrong, dangerous, and can - and often will - attract prosecution. If he`s within or at the speed limit he`s not breaking the law, ergo he`s doing nothing wrong. No you don`t have to drive at the speed limit, although on a single carriageway you should be capable of driving reasonably close to it. Otherwise you are potentially just as much of a hazard as someone who is speeding and you may be prosecuted for going too slow. Should one drive at the speed limit in thick fog? Obviously if visibility is severely impaired then no. In snow? Completely variable. In very heavy snowfall then probably not. In a light shower, sure why not? On ice? Obviously not. In heavy rain? It can be a cause to slow down if it`s impairing visibility or there`s a lot of surface water. Then again I`ve been in situations where I felt safer doing 70mph in the nice clear outside lane of the motorway than I did doing 50mph in the packed middle lane where I had to be on constant watch for braking cars and was constantly being dazzled by brake lights. In a heavily built-up area? Yes, absolutely. I presume that the powers that be have set a suitable limit for that area. But all of your weather examples are somewhat dependent on what the limit for the road is. If I`m in a 20mph zone then weather will affect me much less than if I`m in a 60mph zone. It will also depend how well I know the road I`m driving on. It`s somewhat common sense and down to individual judgement. Quote Link to comment Share on other sites More sharing options...
ShootingEgg Posted February 10, 2016 Report Share Posted February 10, 2016 No, not financial gain, reimbursement for destroyed property. There is a difference. And yes I agree there could be many reasons why the horse escaped and it may not be the owner`s fault. However it`s still his animal that has ended up on a road and totalled a car. If someones dog escaped and bit a passerby do you not think that the owner of the dog would be the one held responsible? I don`t like the litigious society we have either. However not every case is an ambulance chaser and in this instance I wouldn`t criticise the driver for sueing for costs if no insurance payment was forthcoming. So would you criticise the owner of the horse if they counter claimed for the driver killing their horse??? As nothing stopping them doing that... Ever heard the radio advert that says you dont see whats in the hedge so you cant see the truck round the corner... Well that truck could be a horse a cow, sheep, deer, person...... Drive to the conditions and road type.. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 10, 2016 Report Share Posted February 10, 2016 So would you criticise the owner of the horse if they counter claimed for the driver killing their horse??? As nothing stopping them doing that... Ever heard the radio advert that says you dont see whats in the hedge so you cant see the truck round the corner... Well that truck could be a horse a cow, sheep, deer, person...... Drive to the conditions and road type.. If the horse has bolted into the middle of traffic then yes I would. A car has every right to be on the road, a riderless horse does not. Nope don`t listen to radio that has safety adverts on it. From the little I can see of the road in the OP`s picture it looks straight and dry. If you`re not capable of driving at close to the speed limit on a road like that then maybe it`s time to start using public transport. Quote Link to comment Share on other sites More sharing options...
stephensedgwick Posted February 11, 2016 Report Share Posted February 11, 2016 And I thought this was a shooting forum ,it seems to be Kangaroo court ie all jumping to conclusions Quote Link to comment Share on other sites More sharing options...
Hendrix's rifle Posted February 11, 2016 Report Share Posted February 11, 2016 If he`s within or at the speed limit he`s not breaking the law, ergo he`s doing nothing wrong. No you don`t have to drive at the speed limit, although on a single carriageway you should be capable of driving reasonably close to it. Otherwise you are potentially just as much of a hazard as someone who is speeding and you may be prosecuted for going too slow. Should one drive at the speed limit in thick fog? Obviously if visibility is severely impaired then no. In snow? Completely variable. In very heavy snowfall then probably not. In a light shower, sure why not? On ice? Obviously not. In heavy rain? It can be a cause to slow down if it`s impairing visibility or there`s a lot of surface water. Then again I`ve been in situations where I felt safer doing 70mph in the nice clear outside lane of the motorway than I did doing 50mph in the packed middle lane where I had to be on constant watch for braking cars and was constantly being dazzled by brake lights. In a heavily built-up area? Yes, absolutely. I presume that the powers that be have set a suitable limit for that area. But all of your weather examples are somewhat dependent on what the limit for the road is. If I`m in a 20mph zone then weather will affect me much less than if I`m in a 60mph zone. It will also depend how well I know the road I`m driving on. It`s somewhat common sense and down to individual judgement. Nail on the head with that one... I will ride my enduro bike at 60mph with snow on the road IF SAFE TO DO SO as I and only I know my ability. There have been many a time I have got up the cat and fiddle (live 5 mins away) at 60mph (when it was national speed limit) in a foot of snow. Did it phase me? Nope. Did the officer who saw say anything? Yep, all he said was be careful if your on your own which is fair enough.driving requires a bit of common sense and to determine wether it is safe to drive at x speed in what ever conditions may be on the day in all fairness I feel a bit sorry for who ever was involved in this as the driver has lost his car and may possibly never drive again depending on him/her and the owners of the horse have obviously lost a horse. Lose lose situation. Quote Link to comment Share on other sites More sharing options...
digger Posted February 11, 2016 Report Share Posted February 11, 2016 It is a shooting forum. With an off topic section. Quote Link to comment Share on other sites More sharing options...
spanj Posted February 11, 2016 Report Share Posted February 11, 2016 And what exactly does that achieve?? Looking at the car he wasnt going slow, and looking at the photo the road looks quite straight. Im not saying this wasn't an awful thing for the driver but it could have been a deer, who would he sue then??? Every road user has to be aware of their surroundings and expect the unexpected. I hope the driver makes a quick recovery from what ever injuries he/she may of got Looking at the car he wasnt going slow, and you can tell this from a photo Quote Link to comment Share on other sites More sharing options...
secretagentmole Posted February 11, 2016 Report Share Posted February 11, 2016 It is a shooting forum. With an off topic section. No it is a crushed car and a lot of Findus Lasagne! Quote Link to comment Share on other sites More sharing options...
spanj Posted February 11, 2016 Report Share Posted February 11, 2016 I have no view to express regarding this particular accident. However, it's way off beam to say that "If the guy was driving at the speed limit he was doing nothing wrong.." The speed limit is exactly what it says - a limit. The MAXIMUM speed at which one may drive. It's NOT the speed AT WHICH one should drive. Should one drive at the speed limit in thick fog? In snow? On ice? In heavy rain? In a heavily built-up area? Of course not. Driving at a speed inappropriate to road conditions IS wrong, dangerous, and can - and often will - attract prosecution. Have you ever broken a speed limit, ever ? Quote Link to comment Share on other sites More sharing options...
BrowningB525 Posted February 11, 2016 Report Share Posted February 11, 2016 So would you criticise the owner of the horse if they counter claimed for the driver killing their horse??? As nothing stopping them doing that... The fact that the horse was where it shouldn't be If the driver's insurance company was to claim for the horses owner, it'd be to recover the cost of the car/excess not for the financial gain of the driver. I'd be annoyed if I lost my excess for a horse on the road. It's different for wild animals as no one is responsible for them. Farmers have insurance in case their stock wanders. It's just the same. Quote Link to comment Share on other sites More sharing options...
guzzicat Posted February 11, 2016 Report Share Posted February 11, 2016 (edited) As an ex Scrambles rider (moto cross now) the mechanics of riding a motor cycle at 60 M.P.H. through 1 foot of snow I would have to see ! Edited February 11, 2016 by guzzicat Quote Link to comment Share on other sites More sharing options...
keg Posted February 12, 2016 Report Share Posted February 12, 2016 The car is wrecked, the horse was owned by someone who had a duty of care to ensure it wasn't able to get onto a main road. If this was your car would you say " never mind, it could have been a deer "? Up on the farm we have horses and i'm amazed how often gates are opened. Not sure if deliberate or accidentally by the "right to roam" crowd. Not had a horse or beast out in some time but more by good luck... Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 12, 2016 Report Share Posted February 12, 2016 (edited) ... Edited February 12, 2016 by Danger-Mouse Quote Link to comment Share on other sites More sharing options...
la bala Posted February 12, 2016 Report Share Posted February 12, 2016 Nowhere does he say a foot of snow. He says "with snow on the road". Maybe you should re-read it DM Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 12, 2016 Report Share Posted February 12, 2016 Maybe you should re-read it DM oops only read the first part of the sentence. Quote Link to comment Share on other sites More sharing options...
la bala Posted February 12, 2016 Report Share Posted February 12, 2016 oops only read the first part of the sentence. No worries, i was just having a picky moment Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted February 12, 2016 Report Share Posted February 12, 2016 No worries, i was just having a picky moment It`s a fair cop guv. I`d have done the same Quote Link to comment Share on other sites More sharing options...
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