Standing water and the law?

[Sore Thumb]

Lots of standing water across the roads on my commute into work this morning.

There is one stretch of road that gets flooded quite often. The road is what I would call a semi country road. No lights, no paths, a bit bendy, lots of trees so limited views around bends but has a white line down the middle.

Anyway I start to come to some deep standing water that covers both sides of the road and is flowing over the curb. As I start to approach I slow down as I am wary of cars coming towards me and not slowing down.
However I hear a car coming fast behind me making no intention of slowing down. It's also dark with heavy rain.
I slow almost to a stop as I don't want to be in the flood when he comes past.
So just before I reach the flood he speeds past and hits the water resulting in tidal waves everywhere. I'm surprised he did not loose control and crash his car, the speed he was going when he hit the water.

So, if I was cycling through this water and he made no intention of slowing and went through the water at speed and I got soaked or worse got frown from my bike by the force of the water, is there any recourse in law?

Are motorists permitted to behave like this and soak cyclists/pedestrians?

Oh and I got it caught on my helmet cam. So when I get the chance to download I will post on here.

------- UPDATE --------

Now downloaded the video


View: http://www.youtube.com/watch?v=gfsxWiw5Tn4&feature=plcp

 

[fossyant]

Oh post the video. It's the quickest way to write off a diesel car doing that as they usually have low air intakes, water up intake, into engine and it gets hydro locked.

I had a mate that car got damaged by a bow wave from another car. Also had a boss write off a £30k company car by driving through a flood.

 

[AndyPeace]

Not sure, I've never heard of anyone in court for such. If you had eveidence they acted like that to intentionally soak or injure you then it may be a form of assualt... but I suspect that would be hard to prove... maybe dangerous driving?

 

[Buddfox]

Would love to see the video! A driver has been prosecuted for this I believe, they soaked some people waiting at a bus stop and filmed it. Was covered in that august organ the Daily Mail.

 

[Buddfox]

http://www.dailymail.co.uk/news/art...g-children-puddles--posting-video-online.html

 

[ACS]

http://www.independent.co.uk/news/u...prosecution-for-puddle-drenching-1802487.html

 

[sabian92]

The video of the kids was quite funny but I believe careless driving is the legal term for it....

You just need to be careful. Not had flooding here but usually drivers are nice enough to not soak people.

 

[mr_cellophane]

Some dopey woman complained because she failed her driving test because she splashed some pedestrians.

 

[al78]

Can't help but be reminded of this.

 

[hoski]

Are motorists permitted to behave like this and soak cyclists/pedestrians?

No is the simple answer. As mentioned above it comes under Section 3 of the Road Traffic Act.

However, chances are the police won't give a crap about it and it would never be investigated properly or forwarded to the CPS.

 

[Drago]

You have a reasonable duty of care for your own well being.

A hidden pot hole that was impossible to avoid because you were in it by the time it was visible is one thing.

A flooded road visible from hundreds of yards away is another.

Any person of reasonable firmness will understand that choosing to navigate such a flood may have unpleasant consequences. If you still decided to navigate the flood and came a cropper I suspect you'd get laughed out of the County Court if you went after the local authority for compo.

However, if you're plodding thorough and another road user dives in and soaks you, or the waves knock you off, they may be liable be criminally and in a civil capacity.

 

[tyred]

Very silly thing to do IMO. As mentioned, there is the possibility of writing off the engine, but more seriously it very dangerous.

I also got a major scare about ten years ago while driving on a road near my house which always tend to flood. I was slowing down to drive through the flooded part when some total tosser in a 5 series BMW coming the other way hit it about 50 - 60 mph and completely lost control, went sideways alongside my car with inches to spare (I had seen what was about to happen and pulled up on the grass verge as much as I could to get out of the way) and ended up going through a post and rail fence and down an embankment. Also because I had my window half open, I was soaked

He didn't know how it happened as he wasn't going too fast as he was within the speed limit or so he said when I went to see if he was okay

 

[Andrew_Culture]

Oh post the video. It's the quickest way to write off a diesel car doing that as they usually have low air intakes, water up intake, into engine and it gets hydro locked.

I had a mate that car got damaged by a bow wave from another car. Also had a boss write off a £30k company car by driving through a flood.

My boss wrote his car off the same way, the day after I posted THIS on here, showed him and warned him that the bit of road he killed his car on was flooded. If had have paid more attention to CycleChat it wouldn't have happened

 

[ufkacbln]

Not sure, I've never heard of anyone in court for such. If you had eveidence they acted like that to intentionally soak or injure you then it may be a form of assualt... but I suspect that would be hard to prove... maybe dangerous driving?

There was a prosecution in Plymouth

 

[AndyPeace]

There was a prosecution in Plymouth

Yeah in the report, dated 10/10/2009 it says they were considering prosecuting the couple.. but did they? It also quotes a previous sucsessful prosecution in 2005! so in 4 years only one other person got splashed?