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[VIC} crash

Discussion in 'Politics, Laws, Government & Insurance' started by BlueRex, Sep 17, 2007.

  1. Ok i had a prang on Victoria Street Richmond this picture is the description of what happened.

    Those in melbourne might understand it better If there are no parked cars the cars use both lanes to drive down. In the legend i am "Our Insured"
    Now this guy quickly turned left in front of me to get a car park i don't believe he had an indicator on and i collected him in the front passenger door.
    My question is, is it illegal to ride between parked cars and moving traffic. on the right .

    There were yellow broken lines between me and the cars on my right that were driving down the tram lines.


  2. As for your question i think by definition the guy turned left in front of traffic, i dont think technicaly you were spliting as the cars on your left are parked.
    So open and close case your honour, but then again the law is an ass.
  3. That is what i thought but the other party is saying it was my fault. he also claims that it is single lane traffic during the time of day it occurred which was 1.30pm but i have NEVER seen a sign advising this.

    I just thought i would ask because i could not fine a law for this.

  4. How is the law an "ass" in this situation?

    Going by the Snowball's illustration, it appears that he was in what seems to be the left lane, with the tram and the car driver in the right lane. Is that road a clearway after a certain point in time? If so, then the road, by design, would be a two lane section of road, particularly if it has white lines up the guts.

    Looking up the road rules it says that a road without lane markings can be used as a "two lane" road if it's wide enough. It then talks about the usual passing on the left rule, which can only be applied if the vehicle on the right lane is turning right. ie. It becomes a single lane for that purpose.

    The rules don't seem to suggest that yellow tram lines indicate if this is a lane or not. Rather, that depending on the type of line whether vehicles other than trams can drive or ride in that section of the road and whether it's a "part time" tram line or a "full time" one.

    I'm of the view that the rider is not in the wrong. Further, did the car indicate at all?

    Good luck with it.
  5. And you won't, either. Only times that signs with times on them are for the part time tram lines, clearways for parking and school zones.

    Do not get intimidated by the guy. Claim it on your insurance, and let his and your insurer fight it out. That's what you pay them for.

    Further, if it was single lane then if you're closest to the nearside or the kerb, then you still are in the right. You are supposed to drive as near as practical to the kerb side of the road. If he was further over towards the centre line, then he is not driving correctly.

    Good luck.
  6. He believes he did indicate however i was keeping an eye on the cars indicators in anticipation that this kind of thing might happen and i did not see it.
  7. Then it will be your word against his as far as the indicators are concerned.

    And even if they were in operation they do not automatically give him right of way. You still have to allow him to move over by the act of common courtesy. Otherwise he can't do squat until you're out of the way (or unless he runs you down which seems to be what happened.)

    Whatever, he's clutching at straws. Hope you ream him good. He sounds like a lying prick who won't accept responsibility for his negligent and careless driving (nice words to use in court if it ends up there).
  9. unfortunatley u may not like my interpretation but.

    was he infront of u??
    i take it yes.

    was the left lane before the car space he pulled into occupied by a car??
    or a designated parking area??

    if there was a car there it occupies the left
    he occupies the right therfor u occupie no lane (lane splitting)
    is the accident his fault by moral ie didnt look to c the possibility of pedestrian cyclist.

    is the accident his fault by law??
    doesnt look likely. cos technically ur tring to overtake him on the inside of a one lane traffic flow as i assume at that time of day its metered parking along there

    am i an expert on this
    not the slightest, but jus tryin to put out other possibilitites
    but hes still a dik.
  10. Thanks for the feed back Jfizzle what you say makes sense.
  11. Honestly, it's a tricky one. If you're driving by parked cars and you see a spot, you do tend to assume that since both lanes are occupied you do not need to check your blind spot or mirrors for a vehicle coming up the inside.

    Only a splitting bike/scooter can really be doing that.

    Then again, it does depend on the speed you were doing : how much opportunity he had to see you if he bothered looking.

    You have to be so careful splitting traffic... people DO assume there is nothing coming because traffic is gridlocked and pull out.
    The only 2 bike vs vehicle accidents I've seen the aftermath of since I started riding have been exactly this - bike splitting, car pulls through gap in traffic, bike hits side of car.
  12. The driver is in the wrong for failing to ensure that the lane he was changing into was clear.

    He caused the collision, it is his fault.

    What if there was a pedestrian there? Sorry mate, it's a piece of road and I don't need to check to see if you are standing there? Bollocks!!

    He's wrong, you are right, show some backbone and don't give in.
  13. There are many roads around Melbourne that have parking spots painted and about a metre of space between them and the right hand lane. Anything to the left of the line dividing the two lanes is another lane, during clearway times the whole area is a single lane as no parking is allowed, any other time, the parking space is clearly defined by it's markings and the metre in between is still a lane, just not wide enough for car traffic.
    You are in the right, tell your insurer how it happened, take photos of the area, showing the road markings and clearway signs (if applicable) and let them deal with the turd.
  14. In no way am i giving in Vic, all along i have thought i was in the wrong i just wanted other people's opinion

    You guys will love this though, after it happened he jumped out of the car yelling at me that he has been riding motorbikes for YEARS and asked me how i could be so stupid....

    He is a dickhead that is for sure.
  15. Nah, not really.

    The road that he was in sounds like it can accommodate two lines of traffic. If it can it doesn't need to be delineated by white lines. The road rules specifically say this and I quoted this in another post. I based this on his drawing as I am not familiar with the road in question.

    Therefore, he could be in the "left" lane with the other guy in the "right" lane.

    Even if it's i single lane road Snowball may have been doing the correct thing and riding as close as practicable to the kerb as the rules suggest. Therefore the guy cutting him off clearly should be presumed to be in the wrong.
  16. Wrong Wrong Wrong.

    If it is a marked lane you have every right to be in it and he has an obligation to watch out for you. The fact that he can't fit in the lane but you can makes no difference. He has turned left from the rightmost lane in front of you. Indicators or not he is still in the wrong and needed to have pulled over to the left lane as far as possible before he turned.
  17. correct me if i'm wrong but it iss illegal to lane split but not illegal to lane share.
    therefore if ur riding next to a car in the same lane you are not breaking the law and had every right to be there.
  18. You're wrong, it's not illegal to lane split. :)
  19. Cagers Fault... simple :wink:
  20. What he said :)