Who's fault ?

Submitted: Monday, Apr 02, 2007 at 14:25
ThreadID: 43919 Views:2846 Replies:20 FollowUps:13
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Howdy all. Had a close call this morning.
Came up to a stop sign and actually stopped. Checked to my right and saw a ute coming which was indicating a left turn into the street I was on. I checked to the left, all clear, started to move off. Another quick glance to the right and noticed the ute hadnt turned but passed in front of me carried on up the road with his indicator merrily flashing left. I missed him by mm's.

Just curious, If we had a bingle, who would have been at fault.

Lionel.
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Reply By: messinaboy - Monday, Apr 02, 2007 at 14:28

Monday, Apr 02, 2007 at 14:28
You would have to prove he had his indicator on and that could be hard.
AnswerID: 231238

Reply By: DIO - Monday, Apr 02, 2007 at 14:29

Monday, Apr 02, 2007 at 14:29
I guess the 'golden rule' about safe driving is to never presume anything. You were lucky this time.
p.s. if you'd had a bingle, sorry but you would have been at fault becuase you were at a stop sign and obliged to stop and give way to ALL traffic.
AnswerID: 231239

Reply By: robak (QLD) - Monday, Apr 02, 2007 at 14:30

Monday, Apr 02, 2007 at 14:30
His fault - if you can prove it

If it was to be a serious crash with a fatality, the police would've done an investigation. It would have been noted that the the indicator was "on" at the time of the crash.

If it was to be a small bingle, you'd need some witnesses. Otherwise you'll pay up.

That's why you never trust the other guys indicator.

R
AnswerID: 231240

Reply By: Member - Steve T (NT) - Monday, Apr 02, 2007 at 14:30

Monday, Apr 02, 2007 at 14:30
Hi Lionel.

This happened a long time ago to a friend of mine, end result 2 badly damaged cars, and my mate got charged with driving without due care.

Cheers Steve.
AnswerID: 231241

Follow Up By: Member - Steve T (NT) - Monday, Apr 02, 2007 at 14:37

Monday, Apr 02, 2007 at 14:37
In fact every time I'm in the situation as you were this morning, my memory of that accident is triggered and I always wait until the car has started to turn.
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Follow Up By: Richard W (NSW) - Tuesday, Apr 03, 2007 at 07:02

Tuesday, Apr 03, 2007 at 07:02
Likewise. I have seen a cars go straight past the intersection and turn left into the next driveway.
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Reply By: Ron173 - Monday, Apr 02, 2007 at 14:32

Monday, Apr 02, 2007 at 14:32
Whilst I'm with you on him being a 'richard cranium' I would say you'd prob cop it.

As being at a stop sign you have to give way to him, even though indicator on.

One of my golden rules..... NEVER TRUST AN INDICATOR, as thats all it is... an indication... you still cant judge what the clown's gonna do.

prob good one for you to adopt now.

Rgds

Ron
AnswerID: 231242

Reply By: Member - Davoe (Nullagine) - Monday, Apr 02, 2007 at 14:34

Monday, Apr 02, 2007 at 14:34
definitly yours. Youve got the stop sign in front of you and you have to give way to your right
AnswerID: 231243

Follow Up By: Member No 1- Tuesday, Apr 03, 2007 at 07:35

Tuesday, Apr 03, 2007 at 07:35
yep...the old give way to the right rule
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Follow Up By: Member No 1- Tuesday, Apr 03, 2007 at 07:39

Tuesday, Apr 03, 2007 at 07:39
hey...where's nudie gone?

but back onto who was in the right....but none-the-less, it never ceases to peees me off when you come across the above situation
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Reply By: Red Frog - Vic - Monday, Apr 02, 2007 at 14:41

Monday, Apr 02, 2007 at 14:41
You are obliged to give way indicator or no indicator
AnswerID: 231245

Reply By: Wayne (NSW) - Monday, Apr 02, 2007 at 14:45

Monday, Apr 02, 2007 at 14:45
Lionel,

Failing to give way at a stop sign. You would have been in the wrong.

Just because the other vehicle had indicated he was turning left, it would not hold in a court of law.
The other vehicle might have wanted to turn left just after the intersection in to a driveway or move to the side of the road to take a phone call. The driver of the ute still has to indicate that he was moving to the left.

I am not making excuses for the ute driver but looking at the situation form the other side.

Even though the ute might have contributed to the accident it would be his word against yours that he was going to turn left at the intersection

You did the right thing and checked again before you went through the intersection and avoided a accident.

Wayne

AnswerID: 231248

Reply By: Pavo - Monday, Apr 02, 2007 at 14:47

Monday, Apr 02, 2007 at 14:47
Like everyone says - your fault. But you haven't given the complete picture. Was there a driveway or any other possible spot the ute driver could have pulled over to the side of the road legally, after the street you were coming out of?

He could have been indicating for a completely different reason (and completely legal) to the one you thought he was indicating for.

Pete
AnswerID: 231250

Follow Up By: Pavo - Monday, Apr 02, 2007 at 14:48

Monday, Apr 02, 2007 at 14:48
Ooops, looks like Wayne was replying at the same time I was.

Pete
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Follow Up By: Member - Lionel A (WA) - Monday, Apr 02, 2007 at 15:04

Monday, Apr 02, 2007 at 15:04
Nah mate, he carried on about 1 km till he was out of site. I just sat there for a few moments waiting for the brake pedal to find its way back into the cab....lol.

Lionel.

ps.....couple of years ago I got a warning about failing to indicate and that it was an offence. Got me wondering now if indicating and failing to turn could equally be regarded as an offence.
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Follow Up By: Member - Tim - Stratford (VIC) - Monday, Apr 02, 2007 at 16:08

Monday, Apr 02, 2007 at 16:08
Lionel,

In Victoria you're right about the false indicator - "Fail to cancel/incorrectly operate signal" is about $105 - could have been used in this circumstance - if you could prove it (witnesses).

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FollowupID: 492151

Reply By: _gmd_pps - Monday, Apr 02, 2007 at 15:06

Monday, Apr 02, 2007 at 15:06
80% you 20% him ...
you have to wait until he slows down and starts turning
and usually the one behind you is running into you in such a case :)) ..

good luck
gmd
AnswerID: 231254

Reply By: Member -Signman - Monday, Apr 02, 2007 at 15:17

Monday, Apr 02, 2007 at 15:17
How many gooses (or is that geese) you see driving with indicators flashing away- and they wouldn't have a clue !!
AnswerID: 231256

Follow Up By: Member - Lionel A (WA) - Monday, Apr 02, 2007 at 15:25

Monday, Apr 02, 2007 at 15:25
Or the opposite, the idiot your giving way to 500m down the road doesnt indicate his turn until he's half way into the corner and you've lost your chance to cross the intersection.

Wish I owned a grenade launcher.......lol.

Lionel.

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Follow Up By: Member -Signman - Monday, Apr 02, 2007 at 15:30

Monday, Apr 02, 2007 at 15:30
Got a few on special over here- genuine one owner- but they're a yucky khaki/green colour !!
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Reply By: Tim - Monday, Apr 02, 2007 at 15:36

Monday, Apr 02, 2007 at 15:36
As it has been said, offence is "Not give way at stop sign" in NSW its about $220 and 3 points, not sure about WA.
Tim
AnswerID: 231260

Reply By: Kevern - Monday, Apr 02, 2007 at 16:56

Monday, Apr 02, 2007 at 16:56
Under common law it is your fault. you are to drive at all times in a manner to avoid incident. as you pulled out from a stop sign into traffic it would be your fault as stupid as it seems.
AnswerID: 231270

Reply By: howie - Monday, Apr 02, 2007 at 18:23

Monday, Apr 02, 2007 at 18:23
some people have missed the point.
lionel had already stopped, so he had obeyed the stop sign.
but i'm afraid it doesn't matter if the ute had a big flashing roof signal saying "i'm turning left" , if you pull out on him you are in the wrong. (i'm afraid)
i always wait until i see the turning car slow down and start turning before emerging, especially after a mate in N.S.W. got hit, hurt and fined for pulling out on an indicating car.
just a couple of weeks ago in perth i was doing a mate a favour by driving his crappy ute with slipping clutch and unfamiliar controls.
at a right turn on a sloping road i was keen to get out and the only car was a
left-indicating RAV4.
i didn't like something about the cars "attitude" and speed and sure enough, it whistled past me.
it would have made a very interesting insurance claim or fine, after i got out of hospital!!
patience wins again.

AnswerID: 231284

Follow Up By: Des Lexic - Monday, Apr 02, 2007 at 18:40

Monday, Apr 02, 2007 at 18:40
Actually howie, stopping is only part of the situation, you must stop AND give way to ALL oncoming traffic.
Sorry but Lionel is in the wrong.
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FollowupID: 492180

Reply By: Kumunara (NT) - Monday, Apr 02, 2007 at 20:10

Monday, Apr 02, 2007 at 20:10
Lionel A

You are both at fault.

Despite the fact he had his indicator on you are required to give way to him.

He is also at fault for failing to cancel his indicator.

There are two types of courts that look at accidents. One is of course the Court of Summary Jurisdiction which will look at what offences have been committed.

The other is the civil court.

Both look at the circumstances under different criteria.

You did the best thing possible in the circumstances. You avoided a collision.



Tjilpi
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AnswerID: 231309

Reply By: donks1 - Monday, Apr 02, 2007 at 20:35

Monday, Apr 02, 2007 at 20:35
we have a 4 way stop sign near work.. always good for a laugh while having lunch

donks
AnswerID: 231319

Reply By: warthog - Monday, Apr 02, 2007 at 21:22

Monday, Apr 02, 2007 at 21:22
Everyone should experience riding a motorcycle in traffic.

You soon learn to look for eye contact and would not even consider pulling out on someone indicator or no unless you have seen that they have seen you and/or it is obvious they are turning.

Every other road user is a danger to you which soon reinforces defensive driving/riding tactics.
AnswerID: 231329

Reply By: BUGGER ME - Tuesday, Apr 03, 2007 at 01:20

Tuesday, Apr 03, 2007 at 01:20
hi lionel

just finished teaching my daughter to drive and now has got her licence, while teaching her my best saying was , while you are behind the wheel of a vehicle , you treat all other driver's as idiots and you have got to think for them as well.
was the best lesson my father ever gave me .
as the old saying goes , look to the right then look to your left and then the right again, that old motto might have saved a bingle.
its a pitty not all drivers do that , maybe never taught as a young one to cross a road , the lolly pop person has taken that away , (but there worth thier weight in gold ).

Bugger Me . ( W,A )
AnswerID: 231335

Follow Up By: Member No 1- Tuesday, Apr 03, 2007 at 07:42

Tuesday, Apr 03, 2007 at 07:42
"you treat all other driver's as idiots"....underline ALL...good advice... i say
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Follow Up By: Member - Stephen M (NSW) - Tuesday, Apr 03, 2007 at 17:05

Tuesday, Apr 03, 2007 at 17:05
Hi there Bugger Me, thats exactly what my old man said to me when teaching me to drive, treat them all as dic#heads and presume they have no idea how to drive. Dont move till you see the vehicle actually turning into street or whatever there turning into. Never presume he said to me, wait that extra second better then not having to wait ever again.Unfortunately Lionel would have been at fault no questions asked, blinker or no blinker flashing he would have been at fault. My wife had an incidence just short of five years ago this October, was on roundabout turning write, good defensive driving she noticed two cars on her left flying up towards roundabout on her left she hit the brakes cause she new they werent gunna stop unless it was her car that would have stoped them they went flying through, in the meantime a woman driving onto the roundabout on her right hit my wife's car thinking she was going to move. Hit my wifes front drivers guard spun her around hit rear quater then pushed her up onto gutter didnt hit the brakes at all, told the cops she was doing 30k "what a crock of sh#t" and cause my wife was hit on drivers front my wife got charged failing to give way and yet she was first on roundabout. Told cop to jam ticket up his ar#e refused to pay and told him will see him in court. Havnt heard a thing and will be 5 years this October, and we had witnesses, this bird didnt even have her licence on her, rang her boyfriend and he rushed it down to her prior to cops getting there. This all happened at a roundabout 2 streets away from our house in a 50klm area $10k damage to my wife's car and the other bimbo reckons she was doing 30. I was furious even went back to the cop shop later that night to see cop again didnt want to know about it. Still not paying and hasnt been an issue with registrations on our cars or my wife renewing her licence. Regards Steve M
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Follow Up By: BUGGER ME - Wednesday, Apr 04, 2007 at 01:01

Wednesday, Apr 04, 2007 at 01:01
hi steve

see do the right thing and still get in the sh#t, hope she was'nt hurt, the coppers must have known the other driver or got some thing out it ###

Bugger Me
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FollowupID: 492518

Reply By: DIO - Tuesday, Apr 03, 2007 at 09:12

Tuesday, Apr 03, 2007 at 09:12
In spite of ALL the comments (and a couple of you got it right) from mostly 'bush lawyers' the bottom line is....

STOP sign = Stop and Give Way to ALL traffic.

Most of you seem to be forgetting the 'golden rule' - DON'T PRESUME ANYTHING when it comes to driving and making sensible and safe decision on the roads.

Have a safe and happy easter.
AnswerID: 231372

Reply By: The Landy - Tuesday, Apr 03, 2007 at 18:01

Tuesday, Apr 03, 2007 at 18:01
Whilst always following the road rules, I've always worked on the premise that what is the point being in the 'right' if you are six feet under cause the other guy got it wrong.
AnswerID: 231467

Reply By: macka2 - Wednesday, Apr 04, 2007 at 02:30

Wednesday, Apr 04, 2007 at 02:30
Lionel,
Just a tip: look at the way he moves his wheels which we should all do. Don't trust indicator I was cleaned up by a bus like that. Drive like everyone is an idiot remember everyone ain't perfect an we all know there's bastards and bitches on the road.
just my 2c
macka2
AnswerID: 231570

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