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

[Motu]

I'd like some input on an prang I saw on friday,I'm going to have to write a little essay....

The intersection at Carr Rd outside my work is busy all day,cars well banked up several times a day...the right lane straight ahead,or turn right around the round about,left lane left turn only.The right hand lane banks right up to Dominion Rd in peak hours,and at least 100mtrs all day...so cutting across from the other side relies on courtesy,not as rare as you all seem to think.I do it several times a day..stop and indicate,usualy the car in front doesn't move as the line moves,and you cautiously move across and check the inside lane - prangs are numerous...at least once a week.

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.

That evening the young Chinese boy and a couple of his friends turn up and ask me if I saw the accident,and want me to put it in writing,as they believe the woman is in the wrong,turning across oncoming traffic - I say no,I think he was in the wrong....obviously going too fast for the conditions (very close to the intersection) ,he didn't notice the truck stopped to allow a car across,and he hit the car when it was more than halfway across the lane - he just wasn't taking due care and notice of his surroundings,he caused an accident he of could easily avoided.The woman he hit rang me today and asked if I would write in support of her claim....I said I would.

So...what's your take on the situation??

[kro]

I'm trying to picture where you are, If there are two lanes, the chinese guy might be right, depending on whether he was hoofing it at inappropriate speeds etc etc (what you said).

Which roundabout is it?, the Tony Martins Gym end, or down the other end?

[Shadows]

If I've got the picture right, that the lady was cutting across two lanes from the opposite side of the road to enter your premises, I'd say that she has pulled out in front of an oncoming car and is in the wrong. She should not have entered the other lane without making sure that it was safe to do so. Being in front of a truck wouldn't have helped visibility, sounds like she may as well have pulled into the lane with her eyes closed.

[crashe]

Was she crossing two lanes to get to the other side of the road????

The truck in the first lane and the lad speeding up in the other lane?
She got past the truck and going into the second lane to get to the other side of the road to continue on her way when she got hit by the lad?

If she was, then she didnt have full view to see that the way was clear for her to cross. She shouldnt rely on others to let her know.


Yep, He was travelling to fast for the conditions...


So It could go either way but more in his favour... except he was speeding over the speed limit.



We have this happening outside Foodtown at Te Atatu South with people trying to get back onto Te Atatu Road heading towards Glendene all the time.

Let the cops sort it out for them or their insurance companies..

[Skyryder]

I'm not familier with the road layout but the lady does have the right to change lanes. I hope she indicated. This would be of help. Even if she did not and the asian rear ended her either on the rear or to the side rear of her vehicle the asian would be in the wrong. You simply can not drive into other vehicles from a rear position.

Skyryder

[sAsLEX]

Just put what you have put above, an honest and fair assesment, she cant ask for more

[Mr Skid]

Bugger this honest shite, who's paying your bills?

[justsomeguy]

Which roundabout is it?, the Tony Martins Gym end, or down the other end?

Yup - the one between Tony's and the BP.

[Motu]

the asian rear ended her
Skyryder

Where did you see rear ended?

Yes,he has the Law as far as intersection rules on his side....but undue care and attention against him.She was well across before he hit her,they ended up with both wheels in the gutter...if you saw the nose of a car pointing through the other cars you'd be aware of something going on - to hit her at a reasonable speed just behind the front wheel I'd say she made a claim on coming across.He didn't even brake...I heard no wheels lock up,there are no skid marks.

Also at the moment,and on friday - my forecourt on the Carr Rd frontage is being ripped up and a 50,000litre tank put in.That afternoon trucks were taking fill away,and bringing more in.(what stupid safety rules say they can't leave an open hole overnight...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?

[Ixion]

Hm. tricky, very tricky this one. Neither the road code nor the legislation help much.

If I understand correctly, two lanes outside your driveway, outer lane had truck who allowed her in. She was turning from far side of road into your driveway, right?

And in law your driveway classes as a road with the same priority as the "real" road (catches learners that one does). So this is in fact an intersection.

Now if the road was a single lane and she turned right from the far side of the road , she would clearly be in the wrong. She is turning traffic, and he is straight through. Turning always gives way to straight through at an uncontrolled intersection. But it's not one lane. And one *could* argue that once she had turned into the outer lane (courtesy of the truck) she was no longer turning traffic, she was now straight through traffic (as if she had come out of another raod directly opposite your driveway)

And if she was straight through traffic, she had the right of way , by the right hand rule. If she HAD come out of a driveway , or road, opposite your driveway she would certainly have right of way. (Told you it catches learners)

So, if I have turned into a lane, straightened up and am now driving striaght ahead across another lane, am I still turning. Even though my wheels are straight ahead ?

Very tricky. But there is also an obligation to slow down on the approach to an intersection. But the chinese gentleman will no doubt say he HAD slowed down .

I'd say both are equally in the wrong. But, a very difficult situation.

[Motu]

I am right on the intersection,we are a corner site,not 50 metres up the road,so she was turning where cars were stopped.I see this everyday - some people just turn across onto the inside lane without looking...they are obviously in the wrong,undue care and attention.This is the opposite - she was turning with due care and attention,he entering an intersection without due care and attention.It's tricky,and I'm troubled...but I'll call it as I saw it - but keep your views coming....

[SPman]

Call it as you saw it - thats all you can honestly do.
Some of the twats around there drive with an arrogance that is sickening.
Tunnel vision and no consideration for any other drivers - if, indeed they actually see any other drivers!

[Hoon]

I reckon the lady was at fault for changing lanes without ensuring it was safe to do so. In situations like this its always dangerous threading through stationary cars onto a busy lane, all you can do is nudge forward slowly giving ample time for oncoming traffic to see you entering their lane. The problem is people just thrust their nose out into the lane up to the drivers door until they can see if there are any cars coming instead of proceeding slowly.

Sure the asian is partly at fault for not slowing down for the conditions but this isn't a crime - more of a proactive measure to reduce/avoid potential accident making situations that we all learn from experience. Yes he could have prevented the accident with better threat assessment but the lady still created the situation in the first place. The worse he could be done for is "driving at a speed as to be unable to stop within the length of lane visible" but when someone enters that lane illegally then I don't think it applies.

I'd like nothing more than to see some boy racer pinged instead of a nice lady customer but in my unprejudiced impartial opinion, the lady is to blame.

[DemonWolf]

Its a tough one alright.. let us know if anything else develops from this.

Just call it as your saw it. Being careful not to be bias, stating the facts. A court will more than likely decide whom was 'right'

[Lou Girardin]

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