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Q regarding who is at fault

Discussion in 'Politics, Laws, Government & Insurance' started by Guest, Mar 12, 2006.

  1. peoples, if a riding is splitting and the cars are stationary and the lights are red. bike is in the left lane of a 2 lane road on or to the left of the white line. a passenger in the taxi which is 2 or so cars from the red lights in the right lane opens the door and the rider hits the door and there fore hits the car on the left of the taxi causing damage to both cars. Is the rider liable for costs or the passenger that opened the door or the taxi driver?

  2. AFAIK, not only do you have to watch for all traffic when you open a door, but it is illegal to do so while you're in traffic, you must be parked. I think it will be the fault of the passenger in this case.

  3. if lanesplitting's legal, the taxi's at fault for all.
    if it's illegal, the rider.
  4. I would guess the rider is liable. The traffic was stationary, so I'm tipping the taxi passenger was not expecting a rider to come through.

    Lane filtering is frowned upon by the authorities, and some people would classify it as continously changing lanes without indication.

    As a rider that chooses to lane split/filter is their own responsibilty to expect the unexpected.
  5. my friend was in that situation, apparently it got ruled 50/50 blame
  6. Lane splitting/filtering IS illegal people...it's just not enforced. You can still be be booked for neg driving.

    It's also illegal to disembark from a motor vehicle in an outer lane.
    It's illegal to allow any part of body to be outside of a motor vehicle also.
    Regardless if traffic is moving or not.

    It's probably 50/50 as to appointment of guilt...however if it goes to court you can argue that the passenger exited the car illegally and that the accident was caused due to this.
    The onus of most fault must be with the person exiting a car in an outer lane.
    That is what started the chain of events.
  7. If you were left of the white line then the taxi is at fault. Taxi is liable for damage to the bike when you hit the door. Technically, you are liable for damage to the other car, but since the taxi caused the stack, the taxi then becomes liable.
  8. No it's not. In Vic at least, you can pass within the lane, as long as you pass to the right of the car and to the left of the white line.
  9. So you're telling me you can overtake another vehicle in the same lane in Victoria?
    That's certainly illegal in NSW.
    I would like an informed opinion from someone else who lives in Victoria here...it will save me ringing the Vic Hwy patrol and checking with them.

    Thanks: Jaq.
  10. Yeah thats absolutely right. You can overtake on the right in the same lane. ANd if they pass the anti lanesplitting law you will still be able to do this. But only if you are a car (or bus or truck) overtaking a motorcycle. Mysteriously it will suddenly be illegal for a motorcyle to do it. Probably becouse we are such poor judges of vehicle width compared to the average SUV driver.

    Taxi passengers are pretty stupid. I had one open a door into a cyclist after I had told him not to open the door cos a cyclist was coming

  11. yep.

    NSW & Vic are different geopolitical states.

    Why is it that you think I'm uninformed?
  12. sean...that was 1999 mate.
    I just looked at the Vicroads 2006 road rules and cannot find anywhere it says you can overtake a vehicle in the same lane?
  13. Where does it say you can't?

    Edit:1999? Maybe, but it was current 3 (ot there abouts)months ago when I checked that passing as I described was explicitly legal. The gov wants to ban it, so they removed the clear permission but haven't yet changed the law. :wink:
  14. You can overtake on the right yeah?

    You dont have to cross the centre white line to overtake.. if their is one yeah?

    Then you can overtake in the same lane .
  15. OMFG I just found the bit where it says a car CAN overtake a mobike or a pushbike provided there is a one metre distance between the two, even if thats the same lane.
    That's just fking unsafe...I apoligise for doubting you Sean.
    Having read that I now assume you are correct and bikes can do the same for cars.
    Accidents waiting to happen if a car overtakes a bike like that.
  16. Yep. If you do cross the white line you have to indicate. If you don't cross the white line you don't have to signal.
  17. And the anti lanesplitting law would make it illegal for us and legal for them :(

    OH btw. Near one on the pushy today.. I am on the left of the right turn only lane becouse going staigt accross dandenong ro at the end of taronga ( Going unde r the rail line on the ped tunnel there) And to the right of me a car turning right. We get a green and from the left only turn lane Mr vietnamese blue RAV4 turns right.. with his left indicator on.. giving me an apologetic wave as I calling a F#$$@$ useless C#$% as I brake for him.
  18. No need to appologise. You're going on the info you have. I don't see it being unsafe if used sensibly. That said, when was the last time I saw a sensible cage driver? (never). Needless to say I have less friends than I used to because a car didn't see them overtaking even though he'd changed lanes. Riding a bike is dangerous. The idea is to believe that everyone is trying to kill you and ride with that paranoia up your sleave.

    RIP skip.