Legal help needed from lane splitting accident

**Eng_dave** · 16th May 2010, 13:36

So about a week ago had a bit of a ding whilest lane splitting on great Nrth rd, cars were stationary, lights turned green ahead of me and traffic started to move when a car cuts infront to move into a driveway. I slam on the breaks endo and end up putting my new helmet through her back door window. All said and done im okay, cops on the scene said they are going to play dumb and say they don't know who was to blame. Now I get a fine through saying it was my fault and "been found at fault for driving in an unavailable lane"

Good news a charge of careless driving was considered but not deemed appropriate. Now whats my legal stand point on lane spliting /filtering is it ilegal? Casue i was riding well under the speed limit with due care and attention (the view of the car was blocked by a bus in the right hand lane.)

Anyone know?

**R6_kid:Me** · 16th May 2010, 13:56

draw a picture.

**Eng_dave** · 16th May 2010, 14:14

Originally Posted by R6_kid

draw a picture.

Click image for larger version.

Name: Rubbish..JPG
Views: 258
Size: 36.3 KB
ID: 207948

Completely rubish paint skills but i'm on a latop.

**davereid** · 16th May 2010, 14:20

Looks like she turned across your path. At the very least its murky, if you are in the left lane you are legal. Deny the charge, she turned across your path.

**Squiggles** · 16th May 2010, 14:26

your bad.

**Eng_dave** · 16th May 2010, 14:26

Originally Posted by davereid

Looks like she turned across your path. At the very least its murky, if you are in the left lane you are legal. Deny the charge, she turned across your path.

You know this for sure just its only $150, Its just more the injustice of it thats really pissing me off.

**Eng_dave** · 16th May 2010, 14:28

Originally Posted by Squiggles

your bad.

OKay see now im getting confused! whats what?

**Eng_dave** · 16th May 2010, 14:29

Is lane filtering legal!!!!! because thats kinda what they have done me for.

**Squiggles** · 16th May 2010, 14:42

Originally Posted by Eng_dave

Is lane filtering legal!!!!! because thats kinda what they have done me for.

No, be more aware next time...

**sinned** · 16th May 2010, 14:43

Originally Posted by Eng_dave

Is lane filtering legal!!!!! because thats kinda what they have done me for.

My guess is that lane filtering is only just barely legal and in your instance the cop is probably right in deciding that you were "driving in an unavailable lane". From a defensive riding perceptive you rode forward across a gap when your view was blocked by the bus. The question is if the view was not blocked by a bus and you saw the car entering the gap would you have continued? - the answer is obvious - no you would have stopped or not moved forward. The lane was not available as there were vehicles standing in the lane while a vehicle crossed it.

Put this one down to experience and filter more carefully.

**Eng_dave** · 16th May 2010, 14:47

Cheers guys guess i cough up and put this whole thing down to experience.

**quickbuck** · 16th May 2010, 14:55

Originally Posted by Eng_dave

Cheers guys guess i cough up and put this whole thing down to experience.

Yup,
A hard lesson, but at least you walked away from this one.....

Not totally sure, as in your words the drawing is rubbish, but I'm guessing the car drivers had a communication thing going on with the car turning right.
Then you come along and stuff up their little act of kindness....
OR, they realised it would be a little arrogant to block a drive way somebody might want to use.... like that car with it's indicator on.

Yes, be careful when splitting. You have to ride for BOTH lanes you are splitting, not just ride the while line.....

Ride safe.

**phill-k** · 16th May 2010, 15:04

Trouble is if you cough you are then admitting you were at fault - you will be up for both your and her insurance excess, write in and say she attempted to cross your path as you were moving off through the traffic lights, send your diagram and see what happens.

**kave** · 16th May 2010, 15:21

If the two cars you were passing between were stationary then you were behaving in a completely legal manner. You got caught out by something you should have seen coming and you in my opinion are at fault, but if those two cars were stationary then legally she should be considered in the wrong. You are allowed to pass stationary vehicles on both the left and the right, lanesplitting stationary traffic is generally referred to as filtering and is legal.

**Max Preload** · 16th May 2010, 15:36

The lane wasn't unavailable and what you were doing is technically lawful as the other vehicles were stopped. As a turning vehicle she failed to give way to a vehicle going straight through [Land Transport (Road User) Rule 4.2(2)]. It was up to her to see you and give way, not up to you to see her. She proceeded to turn across oncoming traffic without clear visibility.

I'd fight it.

Originally Posted by quickbuck

I'm guessing the car drivers had a communication thing going on with the car turning right.

The technical onus remains on her regardless. But as someone else mentioned this is a scenario to be aware of.