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Need help with an accident

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by need4speed, Feb 3, 2006.

  1. Hi all,

    I need some help.

    My friend has just had a motorbike accident, he ran into a car. Not to worry he is ok, cant say the same thing about his Hornet though.

    The accident occurred in the stripped lines before a turning lane. Cars were bumper to bumper at light and he filtering through the cars (lane splitting) down the right hand side. He entered the stripped lines before a turning lane and a car pulled out and struck him..he landed on the other side of the road, but luckily there were no cars on the other side

    Just wanted your opinions on whi's fault it was.

    What is the status of the stripped lines before a turning lane, can we enter them?
  2. I believe they are considered the same as a Traffic Island so you shouldn't drive/ride over them even though we all do.
  3. If the car turned into the striped lane and hit him on it.. then the car turned illegally and hit him riding illegally. Dodgy. Probably more the cares fault.. changing lanes without indicating failing to give way to the right.
  4. Unfortunately i have no idea re road rules in VIC, but here in WA you are allowed to drive down the painted "island" thing for up to XX (50 i think) metres provided you are going to turn at the up-coming turning lane.

    So in that case i would think it would be the drivers fault but it would obviously depend on circumstances. Of cause, this might not apply at all in Vic so perhaps best to just go talk to cops and pose a hypothetical scenario to them and see what the say?
  5. Thanks pvda

    if that is correct what would be the situation if he was lane splitting when the traffic is at a stand still and a car pulled out from a side street and hit him? just wondering if he can argue he was lane splitting and not in the stipped lines
  6. Its the same as riding on a traffic island. This will get interesting if they were both on the lines. If only one was on the lines that person is clearly at fault. Can you keep us posted as to the result?
  7. just for clarity the car did not change lanes rather it pulled out from a petrol station through the traffic which has given him way
  8. If he was on the lines and the other person was pulling just where the lines end into a marked turn lane then they are doing what they are sposed to. (And clearly he is a prat for not expecting they would change lanes there... even if they weren;t indicating.. Even more of a prat if they were) So did he run into them or did they pull out on him? If they pulled out on him and both of em were on the marked lanes then I think its going to be the cars fault for the reasons I already mentioned
  9. Hang on. From a petrol station? I dont think we understand exactly what happened here?
  10. sorry hornet600..im just at work and dont want to get busted surfing the net

    he was riding, the car pulled from a petrol station from a gap in between the traffic

    my friend was riding down the right hand side of the road

    he saw the car's nose pull out and slammed the breaks and a collision occureed

    the car was slowly pulling out to see if he was ok to enter the turning lane

    the cars nose was in the stripped paint

    my friend was not travelling fast

    the collision occurred in the stripped paint and my friend was thrown of his bike

    the driver of the car indicated to my friend that the incident occured in the stripped lines and suggested that it wasnt his fault
  11. The story seems to be changing. Cars bumper to bumper, then there's a gap (as happens at roads where they allow for vehicles to cross the stopped traffic).

    If the car was crossing the road to get to the other side to head in the opposite direction, he still has to give way to moving traffic.

    Was the rider to the right of the traffic in the right lane? Or was he in between lanes? If the former, he could argue that he had his right indicator on and was taking advantage of the space between the right of the right lane vehicles and the centre of the road.

    Whatever, if the car failed to give way, the rider lanesplitting or crossing double lines or whatever doesn't absolve him from responsibility.

    N4S, your mate is better off simply lodging an insurance claim, presuming that he has insurance, stating the facts as he's aware of them and let the insurers do the work. It's what they're paid to do.
  12. In NSW it's legal to go over the 'painted island' so long as your going to turn, BUT you have to give way to anyone who is entering the turning bay...

    Sooooo, if your friend bamped into this guy when he was entering the turning bay (not over the 'painted island'), then I reckon your mate is in the wrong...

    But that's only my guess...
  13. sorry guys about the confusion

    im obviously not explaining myself properly

    there was traffic and he was riding along the right of the traffic in the right lane

    the traffic was bumper to bumper but the cars allowed a gap for the car in question to exit a petrol station located before a set of red traffic lights
  14. Yeah thats a different story. It sounds from that like it was the cars fault. I love the tactile driving approach by some people of slooooowly shoving into a gap and expecting everyone to dodge em. But it also sounds like your mate was a prat for not seeing it coming. Break in traffic.. car squeezing through.. him on the striped lines and hence.. (since bending the law ) under a bit more duty of care. and if the cars were stopped he really shouldnt have been doing more than say 15 or so. could have stopped in a couple of bike lengths so he must have been either going fairly quick (I dont mean speeding) or be a really unobservant sod

    I think he is gunna win. If the other car pulled on the striped lanes it doesnt absolve him from giving way to the right.. But I think he most likely is a dumb sod :(


  15. Sounds pretty unobservant too to not notice a car pulling across some lanes of traffic through a gap.

    Really, if I were an insurer type person, I'd call it equal fault. Both were in the wrong. You might be able to argue that the car was in the wrong for pulling into oncoming traffic, but on the other hand you could also argue that the car had no reason to expect that the bike would be there, since it would be illegal for the bike to be there.

    Six of one, and half-a-dozen of the other. I wouldn't worry about it. Just get the facts straight, with no lies, and put it into the statement that gets submitted to the insurer, and let them sort it out. This is, of course, assuming that your friend has insurance.
  16. http://www.vicroads.vic.gov.au/vrpdf/rdsafe/DrivinginVicRR.pdf
    Page 25 and 26, Figure 10.

    Most importantly .. pleas etell me you friend called an ambulance (at least for a check-over) and thus the police arrived.

    I would agree with this.
  17. That definately explains the legalities of riding/driving over the painted lines. Unfortunately, N4S hasn't clearly explained whether the car was exiting the servo to go into the right lane to turn right, or whether he was merely joining the through traffic, or if he was attempting to cross over to head in the opposite direction.

    ie: traffic is heading South. Rider is heading South. Car exiting servo heading west to turn into North bound traffic.

    And when they collided, was it while the rider was still on the painted markings? Or did he hit the car as it was turning from the right lane into the turning lane like in the Vicroads illustration? If the former, I'd suggest that the car driver is at fault.
  18. YEah . It depends on whether they were both on the marked island. And it reads as if they were . But were they? If they were then the car driver in the wrong. If only the motorcyclist was then its probably more 50 50 Either way it was a stupid accident
  19. From the insurance point of view they will see that the car was turning and comming into traffic so it had to give way. Whatever the bike was doing (legal or illegal)

    At least that's what we were told when the missus had a similar accident

  20. thanks everyone for your help especially Mouth - very useful

    the insurance company has been notified and they have taken his bike

    will keep you all informed of the progress