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Query..Any police or lawyers out there ??

Discussion in 'The Pub' started by 2up, Jun 19, 2009.

  1. I was driving through Mornington today when something happened which put me in quite a quandry.
    I was driving to toward a pedestrian crossing when cyclist traveling in the oposite direction on he road suddendly decided to cross the road at the crossing.
    He didn't dismount from his bike when he crossed in front of me and went across the crossing at some speed.
    I had to brake hard but I missed him.
    My dilema is this....
    Had I hit him on the pedestrian crossing, am I at fault?
    Or is he at fault becase he turned in front of me?
    Is a cyclist a pedestrian in the eyes of the law?
    Any thoughs ..........?

  2. he MUST dismount, to cross at a pedestrian crossing. had you have hit him, he is at fault. sounds like he also failed to indicate, a cyclist must indicate with an arm/hand signal to make a right hand turn, but not a left, i believe.

    also, simply as a road user, you must give way when crossing traffic, so by crossing the road as a vehicle, he is at fault. and as a pedestrian, he must dismount.

    all bases covered for you, legally anyway.
  3. nibor is spot on:

    From the Victorian Road Rules:

    Link: http://www.vicroads.vic.gov.au/NR/rdonlyres/8A00D79B-03C5-4084-B5C2-7BE6A60406D3/0/part_15.pdf
  4. Why? :LOL:
  5. Even if he was considered a pedestrian, there a rules/regulations regarding pedestrians not making a nuisance of themselves, if reasonable.

    Ie, though they have "right of way" you can't step out onto a 60kph main rd and expect the law to protect you.

    I'd say your covered either way.
  6. Just out of curiosity - was this down Main Street?

    The number of pudding-arsed dunderheads that lumber across the road in their own little world on that particular street never ceases to amaze me.
  7. Yep..in Main St. just opposite the Westpac Bank.
  8. though it can be good for a laugh
    ever strolled across a crossing, watching cars screech to a stop to give way to you? then dare to give the soccer-mum at the front the extended-pinky gesture, whining about how no-one thinks big of her after addressing her as a hoon?
    try it, and you'll laugh your ass off everytime you see that god-awful RTA ad (i do)

    don't try this if you're entertaining the idea of living to retirement. as you said, Liq, you can't expect the law to save you from brain-dead soccer-mums (but at least you'll die with your lips curled into a tight smile of self-rightousness as your body smugly death-twitches)