Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Accident Last Night

Discussion in 'Politics, Laws, Government & Insurance' started by N2O, May 17, 2006.

  1. Ok last night I was travelling along a main 3 laned road, not a freeway.
    The traffic was stopped and I was splitting the lane between the middle and right lane.

    As I approached an uncontrolled intersection (no lights) with just a road to my left, and a turning lane where oncoming traffic can turn right into that said road, a car appeared from in front of a 4WD to my immediate right. I had about 1 meter in which to apply the brakes and then slammed into the side of the car. It was an 80km/hr zone and I was travelling at around 45km/hr.

    I was rushed off to hospital with suspected neck and spine injuries. I was wearing full gear and an exceptional helmet (thank christ!)

    Now My question is: who is at fault? I was splitting the lane but the car driver failed to give way. He had an obstructed view and there was no "Keep Clear" sign on the road. He was moving pretty fast because I only saw him with a meter or so to go, but still managed to impact midway down his passenger door.

    Any thoughts or suggestions?

    I have never dealt with insurance claims before so any advice would be great!
    I am a P-plater rider with about 8 months experience. I am ok now, just a little bruised and battered.

    The bike is heavily damaged to the front end (destroyed cluster, fairings, forks, radiator, disks)

    Thankyou very much for the replies (in advance)
  2. Difficult one
    If the car entered the intersection then they failed to give way so you should be fine.
    Don't hold me on that one though.
    Glad to hear you are ok.
  3. Yes, teh car was well and truly in the intersection.
    The only thing I worry about is that I was splitting the lane.
    I'm still recovering just not happy about losing my pride and joy.
    Thanks a heap for the advice smee!
    I'll definately be posting here more often.
  4. You might want to pm Mouth...he is a bit of a fountain of knowledge when it comes to this sort of stuff

    Good luck I hope it all works out for you and you fit and well and back on the roads soon!
  5. Well he failed to give way to me, but he couldn't see me because I was splitting the lane. But he shouldn't have moved across with an obstructed view.
  6. geez mate thats not good at all. main thing is your OK (well, relatively).

    This will be hard one. Splitting always brings up troublesome issues. Unfortunately i dont know what the outcome will be.

    Good luck with it.

  7. Shouldn't matter.
    Which state are you in?
    He entered an intersection and didn't take due care because he didn't see you inwhat you describe as heavy traffic.
    What did the other driver say?
  8. He said " Sorry, I didn't even see you, mate".
    I'm in victoria.

    Yeah all the traffic was completely stationary and the area in which the car was to turn was clear. There was no keep clear sign though. So the traffic had all stopped.

    But I was moving up between the middle and right lane, when he turned in from my right (oncoming) and I hit his passenger door.
  9. you win he loses
    There should be a police report since you were injured.
    What have they got to say was he charged?
  10. If you were splitting am i right to say that there was lots of traffic, so the cars travelling with you in all 3 lanes had stopped? And if they had stopped am i right to say that they all stopped not in the intersection so that cars coming from opposite direction can turn as did this one did across your path?

    If that's so then the car entered the intersection with all 3 lanes giving way to him because they couldn't que across the intersection......which unfortunately means he did the right thing. You were splitting so can't expect him to see you.

    If this is the case then i think your in the wrong.

    Correct me if i misunderstood the situation.
  11. I couldn't see you won't wash in court. So technically he is in the wrong, regardless you were committing a technically illegal action so flip a coin I think. :?

    I am not exactly sure what happened from your description [must be the pain killers :p ] it sounds like he pulled out in front of you when you were going straight ahead, well if that's the case he is in the wrong 100%.
  12. I was travelling straight ahead.
    The traffic had stopped in order to let this guy turn right across the traffic.
    I was splitting and did not stop when approacing the intersection.
  13. hmmm.....i don't wanna seem like i'm putting you down but didn't you notice that all the cars left the intersection clear for a reason?

    Sorry but i can't see how it was his fault....he saw 3 lanes of cars stop for him and turned, then you shot out between cars at 45km/h, can't expect him to be prepared for that.

    My $.02
  14. To be honest the gap didn't seem big enough for him to fit across. Also there were 2 4WD's on either side of me where the accident occured.

    Thanks for the input man, it helps me sort of get my head around all the different possible perspectives.
  15. Yeah fair call, I think N20 put himself in a dangerous situation [I think he realises this] but the question is who was in the wrong legally.

    Pulling across traffic and hitting someone IMO would be illegal even if you didn't see them.
  16. Yeah i'm glad your ok man just want you to think bout all possibilities.

    eg your at lights between two cars, light goes green, you shoot out only to be cleaned up from your right by a red light runner. Different situation but you can see the similarity. Touch wood it never happens to anyone but its easily possible. And i've seen heaps of red light runners.
  17. I realise it. "The one's you walk away from are the one's you learn from".

    However I was travelling at a relatively safe speed.

    I haven't been able to get in contact with the attending police officer yet, but i'm trying as we speak.

    The worst thing I think is that I actually hit him.
    The front of his car was about half way across the middle lane of my side of the road. So I T-Boned him in the passenger door.
  18. I'll ask again, what did the police say?
    There are a few facts missing from this scenario.
  19. I wasn't able to really get much info from the police because I was bundled into an ambulance to the alfred fairly quickly. I was only able to give my story and not hear what the police officer had to say.

    Any other facts you need, just ask.
    I have a pretty good memory of everything that happened and I didn't lose consciousness at all.

  20. There should be a police report then, simply ask for it and then make a decision rather than asking the armchair experts such as ourselves.
    For what its worth the same sort of thing happened to a friend of ours where he was splitting traffic and he went through a gap in the road where a car came out of an intersection and he tboned the car.
    Police charged the driver.
    The police should have informed you by now what has happened.