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[NSW] Merged into: Who is at fault?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Paulie, May 1, 2007.

  1. Hey all,

    Some of you probably read my post last week about my incident with the truck that changed lanes into me. I am still waitin for the police to get back to me as to whom is at fault, but the cop has hinted that he isnt gonna find anyone at fault and because i only have 3rd party insurance and the truck company seem to be telling porkies to everyone I dunno what will happen.

    I have been searching online to find the legisation in NSW (if any) that says that you have to give way to traffic already in a lane?? Thats right isnt it>? I mean, he changed lanes into me, I would have assumed that he would be automatically at fault?

    Anyone know a link to something like that? I would greatly appreciate any assistance.

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  3. was it a merge or a lane change??

    a merge is where one lane ends and the trafic HAS to merge in to the next lane, in Vic the lines on the road actualy change when a lane is near it's end from dashed lines to doted lines, efectivley the trafic in the lane that is ending is facing a give was sign.
  4. Thanks Pete!

    Yeah i rang lawstop lastweek, he said it sounded pretty open and shut case. But I still think its gonna be bad

    He just changed lanes. it was a 3 lane road (his lane wasnt ending)
  5. skid marks , road scraths etc will show who merge or changed into who .
    go back take photos and then produce them to the polce with a copy of the law and tell them to do there job.
  6. Get a solicitor, do it now.

    Regards, Andrew.
  7. +1, we're all bush lawyers here, you need some professional help :).
  8. Doesn't it work that if you request the police to lay charges on a person who acted illegally that they are required to charge them with an appropriate charge? Or am I just thinking of movies. I know mum is in a situation at the moment with her accident that the cops don't want to charge the cabbie for reckless/negligent driving, but haven't given a good reason why. Mum is pursuing this in court as she is filing a suit against the cabbie for this (or similar) charge.
  9. I thought you had a witness?

    All the best with this Paulie
  10. Don't believe so. You aren't in a position to decide what charges are laid, you can provide information for the cops, they investigate (yeah right) and decide if there is sufficient evidence to support a charge and which is the most appropriate charge. They'll often base a batch of charges on one series of events in an attempt to get the villain to plead to at least one of them (IMO)

    In Vic (dunno about others) I think you can go through DOJ and have them 'direct present' without the cops involvement. Doubt it's cheap or as easy as I made it sound.
  11. You can launch a prosecution, however if you don't win you are up for both sides costs (and cops don't come cheap). The estimate I have is that it's about $20,000 in costs to even start it - and that's before the court decides there is a case. If the cops or DPP don't believe there is a case then it's very unlikely that a court will either.

    That's to attempt a criminal case as opposed to a civil suit for damages.
  12. The way it was explained to me is that the cops don't decide what charges are to be laid.
    They investigate and build a body of evidence, They present this to the Department of Public Prosecutions who then decides what charges to pursue.

    Of course if they do a half arsed job of the investigation then the DPP wont have a body of evidence and wont proceed.
  13. cops will not do their job, its not in there intrest.
    If u say "this happened" happened and the other guy said "something else happned" the cops go well conflicting reports and we cant do squat.

    get a witness,get a lawyer

    Last 3 times cops showed up they did nothing, once they even tried to charge the wrong people with totaly unrealated offences to the matter at hand.

    Alot of witnesses are stupid blind idiots that will say everyone is at fault.

    my bad off topic end rant
  14. as previously said, if he merged into your lane, (neither lane ending), and he didnt give way to you, he is at fault. thats obviously law, a) thakns to the links provided, b) if it wasnt, people would change lanes any time they want, and not give a shit if someone else was there, it'd be crazy not to be law.
    also as stated, get a solicitor!! it may take $50 for him to write a letter, im asuming being a truck driver this was for a company, who need comp insurance not just 3rd party. are there any witnesses? i dont see how you could lose on a civil claim, with a witness and that law to back you up...

    hope everything works out!
  15. hey thanks for the replies..

    Update: Currently I am waiting for the constable to call me back because he was busy when I rang to ask him what the hell is going on!

    I rang the truck company to get insurance details and confirm address for letter of demand and the lady was a bi_ch and said "nah, the truck driver isnt at fault, he had his indicator on for 10 seconds and you came out of nowhere and he couldnt have seen u cause ur headlights were VERY DIM! and the cops even said so?And i'm like WTF?? the lights were smashed lady how the hell would anyone know that. so anyways, she said they are waiting to get the police report before they do anything because they sustained no damage to the truck.

    Bike has been assessed aswell as gear so now i just need the police to realise the obvious so that i can send my letter to the truck company and try and get my money!

    I do have a witness; aswell as 2 other guys who hung around for an hour and actually had the cop say to them that they he was gonna book the truck driver! I dunno what the issue is, obviously we will have conflicting stories cause hes not gonna wanna admit liability! I just known that this is gonna cost me a lot of $$$ in solicitor bills just to get my $6,000.

  16. i had the same happen to me but i was in a small truck.
    He didn't stop, and when i chased him and got him to pull over he tried to blame me and say i was on the left side and merged into him! When I asked him if that was the case why did his truck have white paint all down the right side of it? he refused to give me his details, just said ring the company and drove off.
    The cops refused to book him for refusing to give me his details, didn't take it seriously at all.. but they did pay for the damages to my vehicle.

    You are in the right, stick to your guns.

    This was about 8 years ago.. and trucks still freak me out.. I was really lucky, any sooner and he would have jammed me against the concrete barrier, or even pushed my top heavy truck over it into oncoming highway traffic..
    I hate trucks.
  17. hey try finding a recovery agent ,maybe by ringing a few panel shops if they arent advertised,dont know of any in nsw though theres plenty in vic ,,they will effectively recover all your costs/repairs/damages and hire vehicle for a fraction of the cost of a lawyer .
  18. Problem is that a Criminal case has to be proved "Beyond reasonable doubt" If the two stories conflict then there is always going to be some doubt in which case a Magistrate won't convict.

    In this case where you have witnesses, who hopefully back up your story? You should be pretty right. 3 or 4 against 1 always helps!!

    Fingers crossed. Keep persisting!
  19. Yeah thats true, except that it is a Judge or Magistrates job to determine the truth to their satisfaction. They are there to make a judgement call. If they cant pick between the stories then sure they wont convict anyone.
  20. that is not right the traffic in the lane that is ending has right of way even going onto freeway i know this because i got pulled over for passing a bus that was in the left lane when he was trying to merge the cop told me that you must give way to merging traffic