Recently got into a car crash, but don't know who's at fault. I'm turning into an intersection, the lights are green but no green arrow, and it was clear no cars, nothing. As I turn in a new car begins to drive out of parking next to the butchery, a 4WD, and runs it into the left side of my vehicle, who's at fault? Cos I didn't see him come out until I was turning in already.
A Crash at an Intersection (Who's at Fault?)
Comments
hi, idk how to put an image in sorry ahaha teach me how?
@Civadgnaoh: I don't understand how you wouldn't see them coming… That butchers is a good 30m from the junction.
Am I the only one disappointed there’s no supporting paint-drawn diagram?
Lmao at the time of posting your comment, there were only three other comments and all were lamenting about lack of MS paint diagram. I echo that sentiment. Couch up, OP!
Edit: make that four. Ozbargain, never change.
Diagram is essential with this type of question!
MS paint?
Sounds like you are at fault as you were turning and at some point after beginning the turn should have seen the other car pull out and enter the intersection.
yep, i agre
Without a proper schematic of the scenario, my answer is yes.
If the other car was travelling straight through the intersection, you are unfortunately at fault. Turning through an intersection without a green arrow means you must always give way to oncoming traffic.
If you have dashcam footage showing the other car was stationary and pulled away from the butchers without indicating/unsafely, maybe then the blame could be passed (only scenario I can think of).
well u got the gist of it, seriously will need a dash cam for next time
@Civadgnaoh: Yep, another one that could have been saved by a dash cam. However, it does look like he was completely at fault unless the hoon sped out of the driveway at 100km/h and smashed into him as hard as he could while he was already making the turn.
If you were already on the road and the car entered the road from a car park then they are at fault as they must give way before entering traffic/roadway.
OP may need a witness or dashcam to prove when the other car pulled out.
Thanks for the (actually) useful informations and sorry about the image-less scenario, didnt know how to put the image in
Given the update of your photo, I wouldn't say that opinion is applicable to your situation. The other car didn't pull out of the car park and straight into the intersection, they travelled straight on the road for a bit before the collision.
Just because its what you like to hear, doesn't mean its applicable or useful to this scenario.so in this case, im guessing its my fault?
@Civadgnaoh: Well you're supposed to give way to all cars on the road you're crossing…
That being said, the other driver needs to get his eyes checked too.
@Civadgnaoh: Doesn't matter if he didn't see you, or saw you and purposely hit you.
He would still need to get a fine and a license suspension for reckless driving. You could be up for a fine as well. But you would be liable for fixing your vehicle, and perhaps also his depending on insurance/lawyer.If you had a Dash Cam in use, it would've paid for itself already.
@Civadgnaoh:
decided to hit me, it happened to me couple of times.Last year when I was turning right, I noticed the car on the right hand is far away, with their speed I think it is more than 5 seconds to approach the intersection. At the time I decided to turn then I saw that car accelerated their speed. Although I crossed the intersection safely, that car horned me.
Well, after that time I installed dash cam at front and back of the car. Cannot expect everyone to drive properly. When I asked my friend, he told me some guys do not have insurance and want to change his car by claiming your insurance. Too many dodgy guys on the road.
@Civadgnaoh: If you were in the intersection and the car pulled out on to the road after you've entered the intersection. You would not be at fault as all vehicles must give way to a vehicle completing a turn in an intersection. As long as there was an appropriate gap at the time you begin your turn.
If the car was on the road before you turned then I'm sorry but you're at fault.
If the other car really drives from parked, into you at the intersection, then he must be a real dick.
But I believe he needs to give right of way only to cars in the other 2 lanes going his direction, and once he is moving, it's you that cut him off.
He certainly must have accelerated pretty hard, probably trying to merge to the middle lane, after the intersection as there might be cars parked after.Are you sure he was parked? What time did it happen? As the some right lanes have a no parking/ no stopping at certain periods.
Google tells me that From 3PM to 7PM thas is a cleaway … so maybe not parked after all
People leaving butchers always have right of way.
And they are allowed to chop you off.
And it's no good beefing about it unless there's a lot at steak.
That's the bone of contention.
Definitely something to lament about
I wouldn't steak my reputation on it
Don't play chicken with them
Or you will be T-boned…
Won’t make that mis-steak again!
Something is not Kosher here
What if you're Vegan?
$100 fine.
Member Since
26 min agoHi there. It looks like you've signed up to OzBargain, the country's premier bargain discussion website, to get advice regarding a motor vehicle accident. Welcome! If you'd still like to proceed, we're going to need an MS Paint diagram.
For useful advice he also needs to pay for Ozbargain premium, otherwise you get bogged down in commoners commentating.
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Clearly the 3rd party diagram indicates that it was your fault.
havnt seen such a neat diagram on ozb in last 10 yrs…good job..
Goddamn vegans…
Have you contacted your insurance company? (I'm making a very optimistic assumption here)
A new car is probably at fault. A used car would be OK.
OP forgot to add the obligatory "I'm not insured" in their post.
Member since 1 hour ago…
NSW Road rules - " When entering or leaving a driveway you must give way to pedestrians and other vehicles". The same goes for parking
There is no driveway at this intersection.
I read "begins to drive out of parking next to the butchery" as a parking lot, not a parking space.
The diagram has cleared that up.The rule on parking says "Before moving from a stationary position at the side of the road or a median strip parking area, you must signal for at least 5 seconds, and check mirrors and blind spots." https://www.rms.nsw.gov.au/roads/safety-rules/road-rules/par…
So I would say the car pulling out is still at fault. If he/she had indicated for at least 5 seconds, then the turning car would have been clear of the intersection.
I read " As soon he is moving, he is not parked any more"
@whooah1979: Sure there is, it just doesn't apply here.
When you drop the snag, 5 second rule. Don't tell me that doesn't exist.
@whooah1979: Try Rule 48:
"(3) If the driver is about to change direction by moving from a stationary position at the side of the road or in a median strip parking area, the driver must give the change of direction signal for at least 5 seconds before the driver changes direction."
(Once you've been booked for not indicating for at least 5 seconds, you never forget this rule)
If we're on the path of misinterpreting road rules, might as well say the other car didn't give way to the right (OP).
(Once you've been booked for not indicating for at least 5 seconds, you never forget this rule)
Woah…that would suck balls.
Where were you looking when you were turning left ?
Did you brake? Or turn to avoid ?
Did the other vehicle?
OP is a ghost. This thread is dead already. Move along…
But it had so much promise.
My day is ruined now.
We have a life too :)
We just enjoy being helpful citizens of the interwebI have a life too and likes to watch OzB TV dramas. Cannot wait for the next episodes.
Might be a mini-series
Ozbargain is life.
Yes
Now that the OP has posted a picture, it is clear that the butcher had curbside parking (not an off street carpark).
It looks like the OP turned in front of a car that was travelling straight through the intersection.
I reckon the OP is at fault…
but thing is, the car left its parking space as soon as i was almost in the street i was turning into
the butcher (and parking spot) is a few shops back from intersection. You would have seen them coming…
tbh, the oncoming car would have seen OP as well.
If it was my mate (leaving the butcher) he would have ensured there was a collisionthen that car had no chance of reaching me? so how did it reach me?
@Civadgnaoh: Some 4WD's (modified) move rather quick. Also with increasing number of EV's on the road I suggest taking more care (they have far quicker acceleration). The number of times I catch people out with my car amazes & worries me.
@xuqi: I laugh when I take off in my 2.7L KIA Sportage. Nobody expects such a quick start. ( But it wasnt me )
As a vehicle turning into oncoming traffic, you need to ensure all lanes are clear and there is no oncoming danger before entering the oncoming traffic
i really need a dashcam aye…
sharka, i checked so many times, the road was clear, if anything im guessing the car was park a tad more closer to the intersection hence how it reached me so soon and i didnt even see it coming
@Civadgnaoh: With the extent of that damage, i reckon speed could be a factor (not based on being someone proficient in crashes, but proficient in speeding)
Try putting it on their insurance and see what happens? Worst case - you pay your excess and car gets repaired… but based on the damage in the pic it looks structural and could be deemed a writeoff
Based on the picture, you are at fault as the you could see the car coming into you if you were looking before turning. But then, the other car could have possibly going into a higher speed than expected and in that case it would his fault. I would ask the insurance or if the intersection have any cctv , you can always request to look at it. I would suggest both of you make a "not at fault claim" and see what both insurance decide.
i see, thank you for your advice
OP - based on pics either you din't see them coming(or you did not anticipated that someone from kerb would start driving) or he was driving at lighting speed and bumped you in no time.
Or since it happened in yagoona, probably he waited for op to turn and dashed to hit him on purpose…
bloody hope not
You
MS Paint or it didn't happen