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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44340
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I had an accident in which racq are trying to say I was in

Customer Question

I had an accident in which racq are trying to say I was in the wrong. 1 I hit the vehicle in the rear end. They state I drove without due care and attention. Failed to stop or steer clear when a reasonably prudent driver would have done so. Failed to keep any.or any proper lookout. Failed to exercise reasonable care,skill and judgement in the management of the vehicle. Failed to keep the vehicle under any or any proper control. Drove the vehicle at a speed excessive to the circumstances. I believe that none of this is the case.*****was extremely foggy and I didn't see the vehicle which was stopped in the middle of the road on a main highway with no hazard lights on.The police were already at an accident just up the road and came back to make sure no one was injured and never charged me for any infringement. There was nowhere to steer clear of the vehicle as there was a ditch on the side of the road and I wasn't crossing to the other side as it would have been dangerous in the conditions. I was doing 15km/h less than the speed limit. If the other driver had put his hazard lights on I would of realised he was at a standstill. Do I have a case against RACQ
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.I am sorry to be the bearer of bad news. You cannot blame the weather and traffic conditions for the accident. The law places the onus on you as the driver to change your driving to suit the road conditions. You can claim contributory negligence on the part of the other driver if they did not have their lights on making it harder to see them in the fog. If you were to go to court on this you will be found liable. I cannot say 100% but you will be found liable. You have to come up with details and evidence on how the other car was at fault. You cannot blame the weather there is no allowance for that. Your case is not good and I would be suggesting you negotiate to come to an agreement and settle. I hope this makes sense and is of assistance. if there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon