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rrendon

passing on a one lane road

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Resident of Texas.

Which vehical is at fault in the following scenario:

On a road where each direction has one wide lane (wide enough for two vehicals but with no white lines indicating two lanes) if a car #1 passes a slower vehicle (#2) on the right side of vehicle #2 and vehicle #2 drifts right and collides with vehicle #1 as it passes; who is at fault?

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I'm confused. I'm presuming that both vehicles are travelling in the same direction, ergo the need to pass the slower-moving vehicle? If it's only two lanes, barely enough for two vehicles, and both vehicles are travelling in the same direction, then wouldn't the passing vehicle have to pass on the *left*, given that we drive on the right side of the street here in the States? We lived in TX for a while and IIRC there are roads down there that have really wide shoulders. When we were there they were often used by slower moving vehicles to pull over so other traffic could pass them in the lane of travel. But IIRC it was illegal to actually pass on the right.

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TigerFilly said...

I'm confused. I'm presuming that both vehicles are travelling in the same direction, ergo the need to pass the slower-moving vehicle? If it's only two lanes, barely enough for two vehicles, and both vehicles are travelling in the same direction, then wouldn't the passing vehicle have to pass on the *left*

Your confusion apparently is a result of not reading the original post very carefully. The poster said that "each direction has one wide lane (wide enough for two vehicals [sic] . . .)." Thus, contrary to your statement that the entire road is "barely [wide] enough for two vehicles," it sounds as though the entire road would be wide enough for four vehicles."

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Just because it's wide enough for two vehicles, absent white lines actually dividing it into two lanes, a reasonable person would presume that it was intended as only one lane in each direction. And a reasonable person would not attempt to pass on the right side nor would they expect someone else to attempt to pass them on the right.

The Texas Transportation Code (http://www.statutes.legis.state.tx.us/docs/TN/htm/TN.545.htm) says:


TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 545.001. DEFINITIONS. In this chapter:

(1) "Pass" or "passing" used in reference to a vehicle means

to overtake and proceed past another vehicle moving in the same

direction as the passing vehicle or to attempt that maneuver.

...

SUBCHAPTER B. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING

Sec. 545.051. DRIVING ON RIGHT SIDE OF ROADWAY. (a) An operator on a roadway

of sufficient width shall drive on the RIGHT half of the roadway, unless:

(1) the operator is passing another vehicle;

......

Sec. 545.053. PASSING TO THE LEFT; RETURN; BEING PASSED.

(a) An operator passing another vehicle:

(1) shall pass to the left of the other vehicle at a safe distance; and

(2) may not move back to the right side of the roadway until safely

clear of the passed vehicle.

(B) An operator being passed by another vehicle:

(1) shall, on audible signal, move or remain to the right in favor

of the passing vehicle; and

(2) may not accelerate until completely passed by the passing vehicle.

© Subsection (B) does not apply when passing to the right is permitted.

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