Give way to your right

Submitted: Sunday, Sep 14, 2003 at 10:44
ThreadID: 7218 Views:1577 Replies:6 FollowUps:3
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Forget the Birdsville Track, I always knew that the most dangerous place to drive was in the city. After 20 years of missing everyone that got in my way the other day I managed to get in the way of a nice lady in the family stationwagon. As I was trying to leave a shopping centre she came down the road from my right with her left hand indicator on.
Now most people would assume that she was turning left and so it was safe to proceed. Nope - apparently 100 metres back she had changed lanes and had not bothered or realised that her indicator was still on. She received a nice crease line right down the left side of GMH's finest and I received a small dent/scratch on my bullbar.
I was disappointed to find that RACQ has determined that I was at fault and will have to pay the excess, and lose my 60% no claims bonus etc. and I really have no damage. RACQ say that I may as well get myself a new bullbar as I am paying anyway.
My point is that I would have a dozen crashes every time I took the Prado out if I could not rely on people doing what they were telling me they were doing. I feel a little miffed that this collision was ALL my fault.
C'mon, tell me I'm wrong.

Brockie
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Reply By: Truckster (Vic) - Sunday, Sep 14, 2003 at 10:49

Sunday, Sep 14, 2003 at 10:49
How is it upto the RACQ to figure who is at fault, thats up to the Bacon?
AnswerID: 30984

Reply By: Simon - Sunday, Sep 14, 2003 at 11:30

Sunday, Sep 14, 2003 at 11:30
Im afraid its your fault old mate.

You MUST give way to your right.

I was tought 20 odd years ago that you do NOT pull out in front of a car even if its indicator is going until that car has started to turn.

Insurance has a strange way of working tho, a mate of mine hit a car from behind, it was parked on the road, no lights on in the fog.
Cops charged the bloke for parking where he did and causing the accident.
My mate had to claim off his insurance because the insurance co said he was liable because he hit from behind.

(You may as well get that new bull bar)
AnswerID: 30987

Reply By: JohnR - Sunday, Sep 14, 2003 at 15:37

Sunday, Sep 14, 2003 at 15:37
Brockie,
Yeh mate you are in the wrong. She had right of way being on the main road rather than the give way to the right rule. You should have had a Give Way sign against you too.
You no doubt gave her the loss of pride salute. Remember that you did assume she was turning. Assume is an acronym, well almost. In this case she made an ASS out of yo.U rather than ME. Sorry mate.
Perhaps you need a bigger truck Brockie

I'm not a bush lawyer, they charge.
John
AnswerID: 30998

Follow Up By: Member - Wherethehellawi - Sunday, Sep 14, 2003 at 17:30

Sunday, Sep 14, 2003 at 17:30
She didnt have right of way....one has to give way to her.

That means that although one has to give way to some-one that someone cannot force their way which could endanger others!

Wow! am I cute
If yer ain't fishing, Yer ain't livin
Richard
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FollowupID: 21979

Reply By: Voxson (Adelaide) - Sunday, Sep 14, 2003 at 18:49

Sunday, Sep 14, 2003 at 18:49
I rekon the govt should make it mandatory for each and every person to ride a motorcycle on public roads for two years before they even jump into a car because you learn to think that everybody is on a collision course for you............ I would say that ½ the accidents wouldnt even happen on the roads because they approach every scenario with the intent to make it past alive......(motorcycle riders doesnt include the wankers that split moving traffic with no licenses)......
The silly prangs like Brockie explains dont happen and the other beauty that car drivers do is driving straight into the rear of a waiting car because you have ASSUMED that he has moved off from the side street out into traffic because there is a great gap till the next lot of cars on the main road... COME-ON.. Admit to that one.... hehehehee.........
P.S. I am a car driver of course but bikes also..._____________________________________________

_____________________________________________
AnswerID: 31012

Follow Up By: Bazza - Monday, Sep 15, 2003 at 16:26

Monday, Sep 15, 2003 at 16:26
G,Day Voxson,
I agree with you mate, but do'nt sugest it! I also ride and I reckon we have enough trouble with some car drivers already, and we do'nt need any more, on bikes or cars.
Regards,
Bazza.
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FollowupID: 22066

Follow Up By: Member - Wherethehellawi - Monday, Sep 15, 2003 at 17:46

Monday, Sep 15, 2003 at 17:46
Not sure that I agree with having to try suicide. But if you like riding a motor bike then thats up to you. Hell a pushbike is bad enough and I ride one of these from time to time.

However, I Assume all others on the road are idiots and are out to get me! lol lol...Wow! am I cute
If yer ain't fishing, Yer ain't livin
Richard
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FollowupID: 22078

Reply By: kezza - Monday, Sep 15, 2003 at 00:40

Monday, Sep 15, 2003 at 00:40
Brockie - All of the above - plus a thing nobody has mentioned - Defensive Driving.
These days you cant assume everybody has got their mind on driving.

Kes
AnswerID: 31050

Reply By: Member - Cocka - Tuesday, Sep 16, 2003 at 21:46

Tuesday, Sep 16, 2003 at 21:46
Gee they have given you the thumbs down on this one Brockie.
The moment I saw you use that word "assume" I new you could be in trouble. It was a solicitor, before I went into court to give evidence, who warned me about that word, it can get a man jailed. Law works on hard evidence not assumptions. However there is another word which will often get you out of trouble. "Intent". The letter of the law can be about guilt, but if you can prove it was not your intent(ion) to break the law, that there were mitigating circumstances, you appear as a person of good standing with a good (reasonable is in the eye of the judge) record and show contrition for the "misunderstanding", you will mostly win your argument. Who knows, the other party concerned may have a shocking record and they after all did admit to an error and therefore subscribed to the cause. If you refuse to pay the worst that can happen is they may accept a lesser offer from you before the issues of a summons or if it goes to court you may yet prove your point. They will intimidate you but they can't lock you up, they must prove you are guilty beyond reasonable doubt. Let them play their tune, but you dance your dance.
BTW was the accident reported ?
AnswerID: 31274

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