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

[John Banks]

Road code issues aside, to me it seems like: She was paying attention and being very (if not overly) careful, he was not - he didn't even have the sense to brake! I would say she is in the right, it was the lad's inattention that caused it.

Apart from anything else, seems like a dick too. Taking a pack of friends to intimidate an old lady?

[Lou Girardin]

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....??
.

That's opening a huge can of worms.
If we were judged on ability I'd be immune from prosecution.

[DEATH_INC.]

I did that a few years ago on my ducati,just down a bit from you on carr rd....I was going up the left of the stopped traffic and some guy decided to edge through and turn up the sideroad....I didn't see him, he didn't see me....bugger....he was cool about it, even though I bent his dads car (oops!) but I still take resposability for it
The asian bloke was doing what I was so I guess I'd blame him if the finger has to be pointed.....even though legally he may well be in the right.

[Motu]

Yes,both parties have to be on their toes there don't they? - you don't go down the inside without being cautious of someone coming through the stationary lane.....and you don't cut over the stopped traffic into the other lane without being aware that a car might be coming down the inside.Both have to take caution or there will be a prang.


She know's she didn't have a leg to stand on,but was upset by his aggression and unwillingness to accept any responsability on his part.So was I.

[Marmoot]

She know's she didn't have a leg to stand on,but was upset by his aggression and unwillingness to accept any responsability on his part.So was I.

so, "biased judgement" then?

Edit: sorry. Let me clarify: if the court decides based on your testimony, it would be 'biased justice'?

[XTC]

Just say you didn't see it happen...... Easier.

[SlowHand]

So its been 2 months and nothing?

Speed's a funny issue, I had a woman pull out infront of me, both in cars, I had no time to brake, so no skid marks, but cops went from point of impact to where the cars ended up. Cop told me she said I was speeding but he doesnt think so, I said if she saw me, why did she pull out.

Which raises another 'moral' thing, if it were me, I would have been waving and crap to make someone stop/slow down. Unless you were inside the workshop etc or it happened too quickly.

[Motu]

I have no idea what has happened,but he is a young guy with an expensive car on finance...and no insurance,so he's the one in deep poo doo.He'll have to take her to court to get anything out of her.

I can't see up the road - all I saw was his car slam into hers,and the speed he was doing.Anyone who comes up the inside of stationary traffic at 50kph is asking for trouble - but it is legal,you are not breaking any laws...I do it all the time,with my eyes peeled!

[Marmoot]

Cop told me she said I was speeding but he doesnt think so, I said if she saw me, why did she pull out.

DAMN! bloody legend you are. I'll print this quote out and put it in my wallet as my mantra.

[ChookThief]

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....??

Is the Garage at fault for not putting up a no right turn sign into their drive way or changing the driveway layout so they can't? especially when they know its an ongoing problem.

Maybe the witness who knew it was a problem area is at fault for not reporting this earlier so the problem could be sorted.

You could blame almost anyone.

[Motu]

Do you know the intersection?....Do you know who made it?

I do - Keith Hay himself went out there with some curbstones and made the traffic island.Do you know why the motorway stopped at Hilsborough Rd for so many years? Because Keith Hay said so.You can do all sorts when you make your own suburb.

I have no power to go around altering the intersection though....and you better hope no one gives me that power either! That type of ''accident'' is not the most common on the island - trucks and buses hitting cars as they swing wide to turn around the small island is the main one.Cops come out to maybe 10% of them...sometimes I am the wittness,and they are surprised when I tell them it happens many times a day,you'd think high hitting sites would come to their attention.

Anyway,it's got nothing to do with the intersection,but it's got a lot to do with driving skills and awareness.....

[ChookThief]

That type of ''accident'' is not the most common on the island - trucks and buses hitting cars as they swing wide to turn around the small island is the main one.

Anyway,it's got nothing to do with the intersection,but it's got a lot to do with driving skills and awareness.....

I would suggest that as you pointed out the intersection causes most of the accidents, ie the buses and trucks, which would indicate that its not just driving skills and awareness.

Drive ways can be changed even if the road can't be changed restricting access from coming across the two lanes.

By the way blaming the witnesses and garage owners was only to bring up the point that if you look hard enough you can always find some one else to blame.

[Motu]

Well the core of the problem is that they have been sending traffic heading onto the motorway down a street meant to service a small industrial centre and 3 schools,it's just not designed for grid lock 60% of the day.But construction has finally started on the motorway extention....which will take the snarl up to another place,and we can return to a quiet backwater....yeah right.I hope I'm not still here by then.

[ChookThief]

The Local councils and Transit are so slack its not funny. By time they fix any problem area its a. to late and traffic volume has increased to out weigh the work done b. overpriced and costing rate and tax payers more c. repair/redesign no better than before.

I feel sorry for the old lady but she is in the wrong in the eyes of the law. If its not safe and her vision blocked by the truck she should not have turned and she must give way to traffic coming straight through.

[Marmoot]

Do you know the intersection?....Do you know who made it?

I do - Keith Hay himself went out there with some curbstones and made the traffic island.Do you know why the motorway stopped at Hilsborough Rd for so many years? Because Keith Hay said so.You can do all sorts when you make your own suburb.

Sorry, being immigrant who has settled in NZ for only 7 years, may I ask who is Keith Hay?