Car accident, who is at fault?

Discussion in 'Living Room' started by TMNT, 25th Jun, 2019.

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  1. TMNT

    TMNT Well-Known Member

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    Dash cam footage divides viewers

    must admit, this has got me really really stumped!

    im going to say both are at fault, but if you had to apportion who was more at fault, im going to say its the black BMW, since they didnt uturn when it was safe
     
  2. tee

    tee Member

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    I’d say silver car. Driving wrong side of the road.
     
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  3. D.T.

    D.T. Specialist Property Manager Business Member

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    Assuming its a 2 way road, silver car should never have been there.

    Reasonable to expect black car to look for oncoming traffic from correct way but not from wrong way.
     
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  4. Kangabanga

    Kangabanga Well-Known Member

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    Could have been avoided though if black car didn't suddenly surge forward when doing the U-turn. Should have turned slowly. The silver car did see him coming out and was already swerving away before.

    Overtaking is allowed when it's just one slow car ahead but it was obviously slow traffic not slow driver in the front.

    It's take two to tango. So both were in the wrong.

    The timing is pretty good though, looks almost as if black car saw the guy overtaking from a way off and purposely u-turned to ram him.
     
  5. Lizzie

    Lizzie Well-Known Member

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    ... and that is why junior will be getting a dashcam for her 17th (licence) birthday
     
  6. Ted Varrick

    Ted Varrick Well-Known Member

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    I thought I saw a brown dog run out in front of both of them just before impact....
     
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  7. bmc

    bmc Well-Known Member

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    driving down the wrong side of the road ? WTF ?
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Multiple issues so no clear answer - car doing a U-turn in traffic (although it did not get hit by cars in the traffic lane), impatient git overtaking around the witches hats in a construction zone (possibly doing more than 40kmh), little white rabbit around 21 sec which distracted the driver of the dark car.
     
  9. wylie

    wylie Moderator Staff Member

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    Surely the car driving on the wrong side of the road has to take the majority of the blame. I'm sure I've heard each vehicle is usually is assigned a small portion of blame percentage wise though?
     
  10. thatbum

    thatbum Well-Known Member

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    I actually suspect legal liability would fall wholly on the convertible.

    Note the impact was the front of convertible into the side of the silver car.
     
  11. Casteller

    Casteller Well-Known Member

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    Dude in the black car should have looked where they were turning, to me obvious his (/her?) fault.
     
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  12. inertia

    inertia Well-Known Member

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    The statement from VicRoads is pretty clear
    "It is an offence to: drive on the wrong side of a divided road (or) pass to the right of a right turning vehicle or a vehicle making a U-turn from the centre of the road."

    Cheers,
    inertia
     
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  13. albanga

    albanga Well-Known Member

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    Sometimes I see/read things that to me seem so clear cut that they have me doubting my own sanity.

    As in how can anyone in there right mind possibly think it’s not anyone but the silver cars fault??

    They drove on the wrong side of the bloody road in a construction zone at high speed where clearly there was a bank up of cars going very slow/not moving for a reason.

    Even if black car indicated the person was driving on the WRONG SIDE OF THE ROAD at that speed when it was in between vehicles. They would have had little visibility and no time to see the indicator anyway.

    This is what would have happened.
    Construction zone caused banks up of cars.
    Both drivers no doubt got impatient.
    Convertible said I’ll just go back the other way, no one is coming down the road and I shouldn’t have to head check the wrong side of the road.

    Silver car said I’m just going to speed by all these waiting cars and maybe go down a side street up the road.

    Now in that situation the black car is entirely in there right to do this. It’s totally legal.
    The silver car is NOT allowed to overtake stationery vehicles on the wrong side of the road when in a construction zone.
     
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  14. Gockie

    Gockie Life is good ☺️ Premium Member

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    Silver car to blame. It's on the wrong side of the road and also going way too fast
     
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  15. Fargo

    Fargo Well-Known Member

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    It is not an offence to overtake, it is not divided road., divided has concrete or grass separating lanes from the opposite direction. The blue car didn't indicate it was turning. Despite what DT said you have to watch the traffic behind you as well as in front. The blue car is at fault it didn't not give way or indicate it was turning. The Blue car didn't look or indicate and drove into the grey car.
     
  16. SatayKing

    SatayKing Well-Known Member

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    I reckon society is to blame. Well, that's what social workers kept on saying so who am I to question their expertise?
     
  17. mikey7

    mikey7 Well-Known Member

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    But was the silver car overtaking? I reckon he was going to turn right into that street, and has been impatient and gone wrong side of the road in order to do it. That's technically not 'overtaking' as he wouldn't have rejoined the original lane.

    Regardless of whether the black car indicated or not, the silver car still has to give way until it has passed the black vehicle. Only once it has passed the black vehicle (during a lawful overtake), must the black vehicle give way to the silver, to allow it to rejoin the lane.

    The silver car is at fault.

    Though, now with the media coverage, both insurance policies will argue each driver pay their excess. Just because, money.

    If I was the black car, I'd argue it every day of the week.
     
  18. TMNT

    TMNT Well-Known Member

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    I still think its the black cars fault,

    does it say anywhere whether the silver car was overtaking or turning right while being impatient?

    I interpreted the silver car as overtaking, he thought it was safe so he tried to go past,
    the black car didnt U turn safely so its more his fault,
    you may argue that "how could they have seen" which is true, but at the end of the day, the black did wrong in my mind
     
  19. Dan Donoghue

    Dan Donoghue Well-Known Member

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    There are too many things we don't know and it isn't helped by the fact that the road has been resurfaced and has no markings.

    In my mind, if there is no double line then a U turn is permitted. The silver car should never have been in that lane and is doing so unlawfully.

    In my mind, the second you are breaking the law you are at fault.
     
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  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Was the car blue with gold stripes or ...?

    [​IMG]
     
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