Hypothetical - Who Would Be at Fault in This Traffic Situation? Another Lane Changing Dilemma

Hi to all the wise and mighty members of OzBargain.
Happy Lunar New Year if you celebrate.
Anyhoo.. after reading https://www.ozbargain.com.au/node/437721 , it got me thinking.
Earlier last year, almost got into an accident. IF I did get into an accident, would I be at fault?
This was the scenario..

Was changing into middle lane from right lane, blind spot was clear. As I started crossing into the lane, I saw in my rear view that a P plater was changing into the same lane (with more vigour) from the left lane, and they floored it trying to overtake a truck. I was clearly in front the entire time but hadn't moved completely into the middle lane. They then squeezed in next to me forcing me to swerve back into my lane. At that point, it made me think I was glad I avoided the accident, but what really got me was the young female drive and her male passenger had the nerve to yell obscenities at me, when I feel that they were completely at fault.. ruined my whole morning.
Had dash cam footage of them accelerating up behind me, but long deleted.

https://files.ozbargain.com.au/upload/35103/66731/ms_paint.j...

Poll Options Tue, 19/02/2019 - 00:00

  • 1
    At fault
  • 7
    Not at fault

Comments

  • +6 votes

    Needs more MS paint?

  • +1 vote

    I'd say if they rear-end you, they would be at fault. Also sounds like they were speeding.

    •  

      Yeah, they definitely were, but speeding is always a tricky one to prove I find.
      If a collision would have occurred, they would have been at my side

      • +1 vote

        Even if you can prove they're speeding doesn't mean it's what makes them at fault for it.

        It's a tricky one alright…

  • +2 votes

    Needs MS Paint.

  • +3 votes

    It'd depend on a lot of factors. If you collide while both moving into the same lane, it doesn't matter as much who's in front, as it does who was in the lane first. In a hypothetical where two people try to merge into the same lane from opposite adjacent lanes at the same time and collide, they'd both be 50/50 at fault.

    In your case, if they'd already moved into the lane and were effectively moving past you when you changed lanes, you'd be at fault (putting aside the possibility they may have been speeding). If you'd already finished (otherwise safely) moving into the lane and was fully in the lane, and they rear-ended you, they're much more probably at fault.

    •  

      Yeah, I understand your point.
      I haven't finished changing lanes, but started to do so before they started changing lanes.. If I had my dashcam footage I'd post it.

  • +2 votes

    How long does it usually take you to change lanes?

    I personally find people who take forever to change lanes/hog two lanes for a long time to be annoying and a hazard.

    • +1 vote

      Fair question. I figured someone would ask that as I was doing the mspaint.
      Never timed, but if I did, I reckon 1-2s, which I think is average. Definitely not one that swerves in and out, nor am I a lane hog.

    • +2 votes

      I personally find people who change lanes too quickly to be a bloody danger.
      Ask any motorcyclist who wasn't seen [cough]
      They are also usually the type that indicate as they change lanes instead of showing intention first. They are also the type that disregard solid lines between lanes, including slip lanes, and have no fear of changing lanes in tunnels and on bridges.

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