Small Prang - Whos legally at fault?

This is a general discussion forum, open to all participants
Post Reply
User avatar
Hybrid34
Spooling Up
Posts: 887
Joined: November 2nd, 2007, 7:07 pm

Small Prang - Whos legally at fault?

Post by Hybrid34 »

Hi All,

Had a small accident today, near the scoresby bunnings on ferntree gully road.

Info:
- I was travelling straight on ferntreegully road towards bunnings (coming from stud road)
- Other car was turning right from Oconner road across ferntreegully into the median to go up FTG Rd - towards stud.

- I indicated just before Oconner to turn left into bunnings (as theres 20M between Oconner and the Bunnings entry)

- She Assumed I was going to turn left into oconner and shot out



She's saying its my fault because she thought I was going into Oconner rd


I must admit, I have seen something on vicroads stating indicating to early can cause confusion. However pulling out into on coming traffic and not giving way to vehicles to the right at a give way sign should over rule?

Image

Image

Image
1996 Fairlane mock by tickford CDUSED (Project Car)
1993 Fairmont Ghia LUR3D

Speed determines how fast you hit the Traffic Light....Power determines how far you take it with you.
Commando wrote:Yeah, you'll find non-ABS cars do feel different. Especially at 100kph on a wet road when a roo jumps out in front of you.

ABS = spongy brakes, but you'll slow to about 60

non-ABS = lock up at 100 & skid past the roo doing about 95. But you'll look sick doing it :mrgreen:
User avatar
Phoenix
Spooling Up
Posts: 887
Joined: August 5th, 2007, 2:33 pm

Re: Small Prang - Whos legally at fault?

Post by Phoenix »

I'd suggest her fault due to failure to give way. I'd give your local cop shop a call though to find out for sure.
User avatar
Pub247
Cruising
Posts: 271
Joined: April 20th, 2009, 7:17 pm
Location: Melbourne S.E.

Re: Small Prang - Whos legally at fault?

Post by Pub247 »

shes at fault doesnt matter whether you indicated or not she failed to give way to traffic on the road. Surely by the speed your travelling that you never intended to enter that street.
User avatar
ed40
Breaking Traction
Posts: 1861
Joined: August 23rd, 2007, 8:39 pm
Location: Perth, WA

Re: Small Prang - Whos legally at fault?

Post by ed40 »

its her fault mate 100%
failure to give way to the right.

Its good though if she is sticking to her guns it will be easy for the cops to charge her.
Rollin wrote:At least I can deal with it while driving my boyfriend around in my car each weekend
User avatar
Sunboost
Moderator
Moderator
Posts: 6900
Joined: July 13th, 2007, 11:18 am

Re: Small Prang - Whos legally at fault?

Post by Sunboost »

It would still be classed as fail to give way from my VicRoads memory. I'd be hitting up a cop shop too, should have been the first point of call!
Edge FG G6ET 50th Anniversary
Vixen BF F6 R-Spec
User avatar
Commando
Moderator
Moderator
Posts: 11559
Joined: July 13th, 2007, 12:08 pm
Location: Stradbrokeback

Re: Small Prang - Whos legally at fault?

Post by Commando »

It's only your fault if she's hot.
Previous: 1982 XE GL 3.3: 5 speed | 1991 EB Ghia 5.0: Vortech, Tiptronic, 4.11s, 232rwkw | 1995 EF GLi 4.0 wagon: LPG | 2006 BF Fairmont 4.0: JTG LiLPG
Now: 2016 Hilux SR HiRider
User avatar
nothin suss
Full Boost
Posts: 2808
Joined: August 5th, 2007, 12:31 pm
Location: G-Schlong

Re: Small Prang - Whos legally at fault?

Post by nothin suss »

I had the exact same thing happen years ago.
She didn't admit fault in person but after I drew a diagram for the insurance people when the claim was submitted they worked it out from their end.
BF2 DLPG Wagon - daily duties
BF Fairlong Ghia - ED Sprint
Raptor
Idling
Posts: 17
Joined: August 2nd, 2009, 9:12 am

Re: Small Prang - Whos legally at fault?

Post by Raptor »

Legally she may be at fault as its a give way but I say you're clearly to blame.

What sort of an idiot indicates before an intersection if they are not intending to turn into it. Of course that causes confusion when you continue straight ahead. If there was still 20m after the intersection you should have waited to indicate until you were adjacent to the intersection to avoid confusion.

Common sense I'm my opinion.
User avatar
t1MMy
Full Boost
Posts: 2977
Joined: June 29th, 2008, 11:11 pm
Location: Melbourne

Re: Small Prang - Whos legally at fault?

Post by t1MMy »

She's at fault. Fail to give way, regardless if you had indicator on or not.

It'll cost her $258 and 3 points.
User avatar
SnipeZ
Hitting N2O
Posts: 3838
Joined: May 3rd, 2008, 11:49 am

Re: Small Prang - Whos legally at fault?

Post by SnipeZ »

People just need to stop being impatient cocks. 5 extra seconds isn't going to ruin someone's life.

She's at fault. happened to my wife. Guy pulled out in front of her same sort of circumstances. Both said it was each others fault.
Drew a picture of the incident and was found to be his fault.

Then he changed his story and it still ended up being his fault.
1998 EL XR6 - Stolen
1997 EL Fairmont V8 - Current
5.0 V8
Full Leather
EL GT Headers
2"1/2 Twin System
FPV Dark Argent
Full Tickford Lip Kit
Low :)
Soon To Be Manual
User avatar
Staff
Idling
Posts: 125
Joined: December 8th, 2011, 11:53 am

Re: Small Prang - Whos legally at fault?

Post by Staff »

She is 100 liable.

If you assume you will crash.
She assumed!
Ford
User avatar
Hybrid34
Spooling Up
Posts: 887
Joined: November 2nd, 2007, 7:07 pm

Re: Small Prang - Whos legally at fault?

Post by Hybrid34 »

Thanks all for the info, I went to the Cop shop and showed them the diagrams and pictures, they said 100% her fault on two things

- Failing to give way to the right
- Failing to avoid a collision
and that she presumed I was turning left into the street.

Cop gave the example of, someone walking across an intersection when its just turned red...doesn't mean you can run them over.

Raptor, I see where your coming from however the distance between Oconner and Bunnings turn off is literately 20m, Travelling at 80km and slowing down darting off the road, and failing to indicate long enough to warn others is an offence.

A shittty situation, still waiting on both insurance companies to get back to me.

Cheers,
Ash
1996 Fairlane mock by tickford CDUSED (Project Car)
1993 Fairmont Ghia LUR3D

Speed determines how fast you hit the Traffic Light....Power determines how far you take it with you.
Commando wrote:Yeah, you'll find non-ABS cars do feel different. Especially at 100kph on a wet road when a roo jumps out in front of you.

ABS = spongy brakes, but you'll slow to about 60

non-ABS = lock up at 100 & skid past the roo doing about 95. But you'll look sick doing it :mrgreen:
Post Reply