Who's in the right...accident question.

[Skyryder]

From your original post on this. My itallics.

So I friday I watch as one of my elderly woman customers tries to come across the road,a couple of Pacific Islanders in a small truck stop and let her across,she slowly edges her way in to the inside lane,is halfway across when a young Chinese guy (oops,sorry) comes flying down the inside lane and slams into her.The usual modern Whatamacallit with spoilers colapases completly,the old 1990 Corona has not only the left front wheel folded over,but the right hand strut is bent too.Amid the carnage of my forecourt being ripped apart by diggers the wrecks are taken away.

As I read this the Chinese guy is coming from her rear. If he was not behind where was he?

Skyryder

I have just read some other posts on this, as said I am not famileir with the intersection. But when I read comes flying down the inside lane I made the assumption that they were both going the same way.

Skyryder

[Motu]

If the Chinese cager was a biker would everyone be so understanding?

I would be even less forgiving if a bike came down that inside lane not being aware of what was unfolding before their eyes.Perhaps it's my motorcycling experiance that sees him in the wrong,it's stupidity to ride like that oblivious of your suroundings.

Oh,Marmoot...the guys in the truck were Samoan.I do this same manoevour as the lady in the Corona several times a day - if I see a Pacific Islander in the oncoming queue ahead of me they will always stop and let me through.Once you put your nose slightly into the oncoming lane,the cars in the inside lane stop.

I guess you need to be involved in this intersection on a daily basis.I told my mechanic who was in for the first time since friday about both parties wanting a sumary from me - he's incredulous that the Chinese driver should think he's in the right....he was standing next to me watching as well.

[SPman]

Its just another example of blind fuckwits who think they are the only vehicle on the road and therefore have all the rights, not watching what is going on and being oblivious to all the nuances of a busy congested bit of road where tolerance and caution are paramount. They fuck up, then blame everyone else! Bit like society at large, I suppose, so shouldnt really be surprised!
I find it slightly incredulous given the situation, that people should even be discussing, who was in the right! There was a fuckin crash that could easily have been avoided if people had shown some restraint, caution and a little less arrogance towards their fellow road users!

[FROSTY:Me]

Ive been to Motu's workshop a few times.
His workshop is almost bang on a roundabout.-

[Krusti]

Hey Motu....just remember....you are not required to make any judgement as to who was in the wrong...the main thing is to state what you saw without bias...someone else is paid to make the call..I know it's difficult at times but that's life...

[Motu]

My story won't have any judgments in it,I'll only highlight the care she took in making her move,how far across she was before hit,and the speed the other car was doing with no evaisive action.

[Lou Girardin]

My story won't have any judgments in it,I'll only highlight the care she took in making her move,how far across she was before hit,and the speed the other car was doing with no evaisive action.

What speed exactly was he doing?
How did you measure it?
What evasive action did he have recourse to? Drive onto the footpath? Sideswipe a car in the right lane?
I'm amazed that the knowledge of road rules is so lax that anyone thinks the Chinese guy is mainly at fault.
BTW The truck driver does not have to "give way with due care and attention" there is no such requirement.

[Motu]

Under the speed limit,perfectly legal...there is no speed limit at intersections,you can be doing 50 kph right to the line...can't measure skid marks as he didn't do that part,he took no evaisive action at all.A post investigation of the scene would perhaps indicate that the car appeared suddenly from stationary traffic giving no time to stop or take evaisive action...when in fact the opposite happened.

[Marmoot]

the guys in the truck were Samoan.

They should be charged with 'impending traffic flow' as well

[MisterD]

giving way without due care and attention.

Good grief, I hope they don't start giving out tickets for that!

[Mrs Busa Pete]

I had something similar happen to me and i got done for dangeres driving and had to pay up for the other persons car no insured at the time and they where speeding as well.so no sorry in the eyes of the law she is in the wrong.because she was pulling out into on coming cars.

[Flatcap]

Got to agree with busa pete (if I understand his flowing prose correctly)- the old lady pulled into oncoming cars.

I get the impression in some posts that the old lady deserves a break just because she is old. Would there be less discussion if both drivers were boy racers......?

[Motu]

To me it's got nothing to do with the age or race of the people involved...but the complication of who's really at fault.Do we use the law,or do we use driving ability....??

The fact that there is a dispute leads one to suspect insurance issues...and yes,I've found there is.She is uninsured,and she has no problem with that,possibly her late husbands car.Our young Chinese boy is more complicated - he has finance on the vehicle,but only third party.I would of thought he'd have to carry full insurance on a finance deal - this is why he is being so aggressive about proving his innocence,he has been to see the woman with his back up crew several times,he's very pushy...probably why I told him to get lost.

[Rhino]

Had a similar thing happen about 12 months ago in Grafton Rd here in Auckland. I was going down Grafton road from the Grafton Bridge and was waiting to turn right into the Starship Hospital entrance. Below the entrance the road has one lane coming up towards Grafton Bridge. The entrance is marked with the usual "don't stop here" cross hatching. Above the entrance two lanes are marked.

As I sat waiting, the uphill traffic was at a standstill, as the traffic lights were on red. The guy below the entrance flashed his lights and waved me through. When I was half way across, a lady coming up the road, passing on the left in a single marked lane, hit me and removed the front 12 inches of my vehicle.

Since I was convinced that her passing on the left was illegal, I left the car in the middle of the road (f*cked up Friday night traffic) and called the Police.

Eventually I got a letter from them stating that both parties where in the wrong, so no action would be taken.

[SPman]

Legally - shes probably fucked...
Morally - the other driver is a fucktard

Its all very well people getting on their high horse about who is legally in the right or wrong - the trouble is, in a heavy traffic situation, as in a community as a whole, a bit of give and take is neccesary for the smooth running of the whole scenario. It all seems to get lost in the hyper macho bullshit that seems to surround these incidents.........rights always seeming to totally override obligations..!