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Answered in 10 minutes by:
3/5/2009
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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The vehicle liable will be the one reversing onto the roadway. It does not matter whether the vehicle was reversing or moving in a forward direction onto the road, it is the vehicle coming onto the road that needs to give way to oncoming vehicles.
The vehicle reversing onto the roadway may well have had their vision obscured, and could not see the oncoming vehicle - and even if the oncoming swerved to try an avoid the vehicle or even accelerated when it saw the reversing vehicle does not change the position that the reversing vehicle still had to calculate whether it could safely enter the road where there was oncoming traffic.
I don't know which driver you were - if you were the one on the road moving forward your insurance company (if applicable) will address the issue of liability in due course.
If you were the vehicle reversing out, if there were circumstances which point to a fault in design of the car bay, obstructions of other vehicles that impaired vision or it occurred at night where there was inadequate lighting - that driver may wish to draw a third party into the issue of liability so that the event does not happen again.
I trust this information is of assistance and that you will kindly accept my answer, feel free to ask a follow up question if required.
Regards
Maurice
The vehicle liable will be the one reversing onto the roadway. It does not matter whether the vehicle was reversing or moving in a forward direction onto the road, it is the vehicle coming onto the road that needs to give way to oncoming vehicles.
The vehicle reversing onto the roadway may well have had their vision obscured, and could not see the oncoming vehicle - and even if the oncoming swerved to try an avoid the vehicle or even accelerated when it saw the reversing vehicle does not change the position that the reversing vehicle still had to calculate whether it could safely enter the road where there was oncoming traffic.
I don't know which driver you were - if you were the one on the road moving forward your insurance company (if applicable) will address the issue of liability in due course.
If you were the vehicle reversing out, if there were circumstances which point to a fault in design of the car bay, obstructions of other vehicles that impaired vision or it occurred at night where there was inadequate lighting - that driver may wish to draw a third party into the issue of liability so that the event does not happen again.
I trust this information is of assistance and that you will kindly accept my answer, feel free to ask a follow up question if required.
Regards
Maurice
Hi Dave
Personal experience of mine some years ago, waiting at stop sign to turn left into oncoming traffic, a vehicle slowed down to let me in and then accelerate and hit me front right panel.
Driver claims only slowed down in anticipation of car ahead of him which was false given the eye contact we made with each other and a friendly nod I gave to thank him.
The long story short was I was deemed responsible for the accident - what the other vehicle had to gain I have no idea - it was an old vehicle of his so perhaps he was looking for the opportunity to write off and claim insurance, don't know, the collision was less than 10kph at the time.
So yes, I hear what you are saying as far as common sense is concerned to slow down, honk horns, flash lights - stop completely and so forth - but all this common sense is undefined or gray areas in the fine lines of Traffic Law Acts, its strict on who needs to give right of way to who.
"Third Party" I refer to will depend on what may have obstructed your complete view of oncoming traffic at the time, are there car bays on the road as you reversed out with vehicles parked permanently which did not help your cause? an issue for local council to address - are the car bays designed where you could not reverse into them and drive out - an issue for the owner of the property - I am not sure your exact circumstance, I'd be reflecting on what could have helped you avoid the accident and who else may be responsible for some poor planning of that car bay or immediate surrounding area and if you are being pursued for the damage caused, see if any other entity needs to share the damages with you in some way.
Although not the answer you may have wanted to hear I trust that clarifies the question for you and that you will kindly accept my answer.
Regards
Maurice
Personal experience of mine some years ago, waiting at stop sign to turn left into oncoming traffic, a vehicle slowed down to let me in and then accelerate and hit me front right panel.
Driver claims only slowed down in anticipation of car ahead of him which was false given the eye contact we made with each other and a friendly nod I gave to thank him.
The long story short was I was deemed responsible for the accident - what the other vehicle had to gain I have no idea - it was an old vehicle of his so perhaps he was looking for the opportunity to write off and claim insurance, don't know, the collision was less than 10kph at the time.
So yes, I hear what you are saying as far as common sense is concerned to slow down, honk horns, flash lights - stop completely and so forth - but all this common sense is undefined or gray areas in the fine lines of Traffic Law Acts, its strict on who needs to give right of way to who.
"Third Party" I refer to will depend on what may have obstructed your complete view of oncoming traffic at the time, are there car bays on the road as you reversed out with vehicles parked permanently which did not help your cause? an issue for local council to address - are the car bays designed where you could not reverse into them and drive out - an issue for the owner of the property - I am not sure your exact circumstance, I'd be reflecting on what could have helped you avoid the accident and who else may be responsible for some poor planning of that car bay or immediate surrounding area and if you are being pursued for the damage caused, see if any other entity needs to share the damages with you in some way.
Although not the answer you may have wanted to hear I trust that clarifies the question for you and that you will kindly accept my answer.
Regards
Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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