Who's fault ?
Submitted: Monday, Apr 02, 2007 at 14:25
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Member - Lionel A (WA)
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.
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: 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: 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: 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.
FollowupID:
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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
AnswerID:
231309
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:
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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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