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

[Pixie]

so they dig a huge hole,and fill it in again) So the whole intersection is in disaray. This guy saw nothing...did nothing - does this put him in the right?

The whole place is a shit hole at the moment.I've had to try to get out of Para Rubber's car park on several occasions while trying to see through a line of SUV's parked on the road.
But the young fella was being a fuckwit for not taking into account the conditions and driving carefully

[Oscar]

Is the inside lane (the one the Chinese guy was in) marked?

[Motu]

I think because he hit her dead on with her front wheel,she was moving slowly,as elderly woman are want to,she was well into the lane and he hit her at speed without even slowing down...he just wasn't looking.This is a situation where techncaly she was in the wrong...but he caused the accident by going too fast for the situation and not being aware of the situation.Kinda the reverse of all these old dudders who've never had an accident in their life....but caused hundreds by their inattention...

[MSTRS:Me]

She failed to give way when turning right.
The other drivers speed may be a mitigating factor, but how can you prove it?

Ixion might have it.....she gave way, but the truck driver graciously allowed her thru. Having reached the second lane, she would be at rightangles to the road, meaning the Asian was on her left.
One for the insurance ombudsman and the lawyers??

[Ixion]

Morally, I'd blame him. Because there was very little if anything that the woman could do to have prevented the smash (other than not coming to visit you at all). Whereas *he* could easily have prevented it, simply by driving carefully.

Legally, is tricky. A case where the careful driver is legally in the wrong, and the careless speedster who actually caused the accident is in the right. The law's an ass. (NO Mr Hitcher - NOT an arse, call off you BOTTYNZ hit squad, - this one really is the donkey)

[DevoDave]

Looks as though this is a problem for the insurers to work out, if they are insured. It appears to be a knock for knock claim with both parties being in the wrong. Insureres will appropriate blame on a percentage basis. The lady was wrong by undertaking her turning manouver the guy was wrong for not driving in a manner appropriate to the conditions.

it's a bugger but a salutary lesson for us all.

[Mental Trousers]

Unfortunately it looks like the old lady is at fault for accident. However, the young guy will probably get slapped with dangerous driving or something. Farked if I know who the insurance will pay out to.

[thealmightytaco]

I'm thinkin' our asian friend will have the book on his side, there isn't exactly a give way for him there, but Grandma Round-Eye totally has moral victory here.

You should be lookin' for people pokin' their noses out through blocked lanes of traffic and looking to either swing out and around them at least, or preferably be a good bassa and let them come through. I mean if a kid runs out you don't exactly just pile into them and moan at the parents do ya. These are the trials and obstacles about in modern day traffic.

Whether a judge will have the common sense to go with that or want to cut it clean through the words of the relevant good book... who knows. But I say go with your gut Motu.

Fo tru.

[HDTboy]

The way I see it, She's legally in the wrong. But He's morally in the wrong according to common sense (which has nothing to do with road law)

[Marmoot]

She failed to give way when turning right.
The other drivers speed may be a mitigating factor, but how can you prove it?

Strictly speaking on legal point of view, I agree with Lou. The caucassian lady is at fault.
You must not cut across an oncoming lane unless you can see it is clear or there is a car stopped to give way in that lane.



But, from personal point of view, the truck driver is partially at blame for giving way without due care and attention. Actually, all the three parties (and the parties around them) are to be blamed for causing the accident by creating traffic jam and driving cars. The council is also at fault for not repairing the road condition. It's the society, I tell you. Blame it on the society.

Actually, what's the ethnicity of the truck giving way? We might get important information here.

[WRT]

He shouldnt have been going fast in those situations, but she shouldnt blindly drive across oncoming traffic, regardless of the conditions. She could have:

• Signaled to the guys in the truck to check the lane for her and wave her on if its free (not ideal, but better than just pulling out)
• Driven down the road to the next intersection where she can safely turn around and come back at your driveway from the other way

I had a situation last night where I needed to turn across Symonds St through three lanes of traffic that backed up over the road I wanted to turn (right) into. Instead of fighting my way through the blocked lanes, I just went 50m further down the road past the end of the queue and turned there. You dont *have* to cross traffic like that.

Another scenario - every morning on my way to work, I take a slightly longer route just so that I dont have to turn across 2 lanes of oncoming traffic. Means I turn left to come on to Gt Sth Rd rather than turning right - safer, and easier. Often its quicker too, as there is less waiting involved. Same principal, just different circumstances. I hate the people that think, theres where I want to go, and head straight in that direction, everyone else be damned. Dont get me wrong, I feel for the lady, and I think that the asian guy was also in the wrong, but she didnt have to make that turn there.

[Mental Trousers]

Whether a judge will have the common sense to go with that or want to cut it clean through the words of the relevant good book... who knows. But I say go with your gut Motu.

The Justice System is incorrectly named - it's Law not Justice. The judge will follow the letter of the law.

[Marmoot]

Instead of fighting my way through the blocked lanes, I just went 50m further down the road past the end of the queue and turned there. You dont *have* to cross traffic like that.

Bling for you, sir.

That is probably one of the most-useful but overlooked tips on driving lessons and tests here.

[Lou Girardin]

Ixion might have it.....she gave way, but the truck driver graciously allowed her thru. Having reached the second lane, she would be at rightangles to the road, meaning the Asian was on her left.
One for the insurance ombudsman and the lawyers??

Turning right implies the whole manouevre, not just until you straighten up. Her obligation was to check the way is clear and to give way to all approaching traffic.
If the Chinese cager was a biker would everyone be so understanding?

[Skyryder]

Where did you see rear ended?

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