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VIC Post Accident, Now Infringment and what...

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Overture, Aug 13, 2012.

  1. Other thread:
    https://netrider.net.au/forums/showthread.php?t=134309

    I have now been informed I have been issues an infringement notice, code: 2039, Changing lanes or line of traffic without giving way from one marked lane to another. $211 and 2 Demerits. (First road offence ever, car or bike.)

    I literally have no idea, I asked the officers at the scene if I had done anything wrong or illegal after explaining what happened, they said no.

    The infringement is issues 8/8/12 when the accident happened on the 2/8/12.
    Things were very rushed, and they didn't even give me their names or a way to contact the police and just left.

    I really don't know what to do. :(

    A brief run-down of what happened, I'm on white horse road (https://maps.google.com.au/maps/ms?...&t=h&z=21&vpsrc=1&iwloc=0004c71fd57fcd22b0979)
    I'm in the left far left lane parked, I get ready to go. I want to end up in the watts road turning lane, I'm about to set off and see traffic coming so of course I wait, then I see at the pedestrian crossing someone is going to cross. The lights went red, I waited for traffic to be stationary then proceeded to move behind one car and in front of another that was in the far right lane, signalling as I went. I was just leaving the right hand lane, this is all at walking speed or slower, my front wheel is well in the Watts Rd turning lane, when a car hits my back wheel and swing arm, knocking the bike from under me. It was 100% safe to do so, I wouldn't play with my life like that. I don't know how to proceed, should I try and contact the officer who issued the infringement, I am quite beside myself.

    Edit:
    Bike repair is $5600 my excess is 800ish I think, plus the fine.

    I really am freaking out, I was freaking out before with just Uni! :(


     
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  2. This incident is quite hard to comprehend, but I think I have the general idea. You wanted to go from the side road, to the right hand land of a two lane road, is that correct? You believed the traffic in both lanes was stationary as you moved from lane 1 over to lane 2, correct?

    You said it was 100% safe to do so, if so, where did the car come from? How did you end up on the road if it was 100% safe?

    The way it seems to me is that the traffic in lane 1 was stationary and you moved into lane 2, which was not stationary.

    What are your thoughts? Surely you have some idea how you ended up on the road.
     
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  3. Could you give a better desctription, or maybe draw a diagram in paint? From that description it does sound like the fine is correct. i.e you entered the right hand turning lane when somebody was coming and you got hit. The driver coming down the third lane had no legal obligation to slow down to let you in.
     
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  4. From my recollection of the incident the light went green as I just entered the turning lane and that of my witness, when I looked at the driver who hit me, she was looking down, but her vehicle was stationary.
    So I was already well within the turning lane and partially out of the far right hand lane, then the lights changed. I have no idea what was going through her mind. She just went.

    Shortly after the impact the bike was knocked from under me and I fell backwards and smacked my head on the bitumen. (Cracking my helmet.)

    Sorry for my bad explanation, I'm quite flustered and frustrated. :(
     
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  5. Administrative manners aren't reason to chuck out a fine.

    If you were hit from behind, how could it be your fault?

    You can object according to the instructions on the notice, and then if the police officer can be arsed, you will get a summons within 12months. If there's no summons, then forget about it. However, this path is a path to court. If you get the summons, court is the only way to clear it. The prosecution will need to make their case that you did indeed behave in a way that meets the code 2039, whatevathefug that is. You could be lucky and the police officer, whom you and/or your lawyer needs to question on the stand, can't be arsed turning up and you can get the case thrown out.

    Or you could pay the fine and forget about it - particularly if you are at fault.

    Or you could send the reporting officer a registered confirmed delivery letter about the infringement, stating that you believe you're not at fault and intend to object. (It helps if you said that you believed you were NOT at fault on the side of the road) and that you a formerly requesting the brief of evidence about the incident in order to prepare your defence. This might induce the the police officer to put it in the too hard basket and expunge the infringement.

    Or you could complain to the police officer's duty sargeant about the unfair charge, you were hit from behind and partly in another lane, clearly then the the facts of the case don't support the infringement. It would help if you were in contact with the driver and they admitted they were at fault.


    You might also want to get acquainted with www.trafficlaw.com.au and their forum. Sean Hardy's success at representing and actually battling for folk is not brilliant according to word of mouth feedback, but the site is worthwhile.
     
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  6. If you go the objection route, it doesn't sound like you'll do well representing yourself to the Magistrate... but you could rise to the occasion.

    And for goodness sake, get the details of the accident clear in your own mind.





    p.s. if you're not well to do, you could look up your local community legal centre and bounce the particulars of the infringement off a lawyer type for free.
     
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  7. Ok that makes it clearer. Then this a rear end. The fine is harsh, however if you explained the situation to the cops the same way you just explained it then I can see why they gave you the fine. Not sure what you can do about it.
     
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  8. Bearing in mind, my hand was bleeding and I was in shock. But I asked if I performed anything illegal and he said no, my witness was really surprised they just up and left as well.

    Both officers were there for maybe 4-5 minutes, they breatho'd me and the other driver. Asked what happened and left. No contact info or anything.
    We were just sitting on the side of the road until I could get through to my insurance company.

    I'm ringing YouthLaw in the morning.

    The other issue being my insurance company, I have maintained my innocents with them the entire time. Now with this infringement, I seriously don't know what to do.
     
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  9. Thanks rob, yeah my mind is full of ****s atm.
    I have 5 billion Uni assessments due within the week, my parents are going through some crap which has caused my sister to stay with me for the last week. And now the accident is just the icing on the cherry of the clusterf#ck sunday that is my life.
     
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  10. I would guess that the driver who hit you has told police that trafic was moving (including herself) when you entered her lane and that you didn't allow her time to stop. In effect, she says you cut her off.

    This is clearly not consistent with your version of events stating that she began to move after you had made the lane change and rear ended you.

    Assuming that you don't have a death wish, then I'd be inclinded to believe your version of events, but what I believe isn't important.

    Ultimately it will come down to witnesses. Do you have a witness who is willing to tell a court that the driver was stationary when you changed lanes and that she began moving when you were already clearly in front of her?
     
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  11. I'll have a talk to the witness about court, but this seriously seems stupid.
    I could draw a diagram easily that would clear anything up with the police, if they are going off what I had said at the time you could of easily told I was in shock and was physically shaken. They were not present at the accident nor were there any other witnesses that they questioned at the time of the accident. It was basically me telling them what happened and the other driver speaking broken English and not making any sense.
     
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  12. Sounds like you've got a lot on your plate.

    My advice would be to focus on meeting your Uni deadlines for the moment.

    Of course, get the wheels turning with looking into disputing the fine, however the time, effort and stress caused to you may outweigh the fine amount and demerit points.

    When things go wrong all it once it feels very unfair and overwhelming - this also increases stress and reduces your ability to think clearly and decisively.

    Again, my advice is to focus on one thing at a time and direct this focus to the important, ongoing pursuits (uni, family etc) and leave the incidentals for when you aren't being too stretched by your other commitments.

    Chin up mate - things will work out (y)
     
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  13. Were you with the same or different insurance companies? If you were with different companies I'm sure your company would be wanting to prove you wern't in the wrong.
     
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  14. I'm with RACV and they are with AAMI.
    But the infringement, says I'm in the wrong basically.
    Or thats how I think they will see it.

    I though getting rid of my car was a good idea, but after putting 9xxx km's on the Klx and another 4xxx on another bike and this being my first accident.
    I'm not really deterred from riding, just this entire incident will destroy my savings and premiums next year.
     
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  15. Well if the accident is not your fault, you shouldn't need to pay excess and your insurance company shouldn't increase the premiums. The ticket is a secondary worry. I would be concerned with proving to your insurance company that you are not at fault if they have charged you an excess before worrying about the cops.
     
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  16. They haven't reached a decision yet, but when the speak to the cops they probably will.

    Hence the entire situation is utter crap.
     
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  17. I'd probably ask the witness to make a statutory declaration stating what they saw. That alone may be enough evidence to have the ticket withdrawn and keep the RACV happy.
     
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  18. Good luck with it all.
    As mentioned before. Concentrate on your uni stuff for the moment. Pester he cops then let the insurance folks sort the rest.
    You can make money in the future but uni is your future so take care, hope that makes sense.

    Hope you see the light at the end of your tunnel soon matey.

    Cam
     
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  19. if you are a student, your student union might have a legal service. no point talking to the coppers, you'll just get yourself in a bigger mess. could try here
    http://trafficlaw.com.au/index.html
     
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  20. Ok mate first of all just chill out, i know what its like having to deal with bullshit police shit while you are trying to ****ing study.

    This will almost certainly need to go to court, take solace in the fact that:

    1. You dont have to pay them anything now
    2. You wont end up in court during semester, it can take up to a year to have your case heard
    3. It should not impact your insurance as you have not been found guilty of shit, they are accusing you of it.

    Just relax, write some notes about your version of events (it will be a long time before you have to recall it all in court) then at some stage before you run out of time, elect to have your case heard.

    Dont write letters to the police and saying the cops said you wouldn't get a ticket, just elect to go to court and speak with your legal representative if you have one, that is, unless your legal representative advises that you should contact the police for some reason.
     
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