Hit by a Bus Leaving a Bus Stop. I Was Overtaking. Who Is at Fault?

Dear all

The bus was stopped.

I was overtaking the bus, but it starting moving (i.e. left the bus stop) when at the same level.

I was trying to turn left, I had my blinker on. The bus hit me at the rear.

The video shows that the bus was stopped and put its blinker just before I was about to pass it.

So am I at fault or not?

Thanks

Poll Options expired

  • 692
    Car is at fault
  • 20
    Bus is at fault

Comments

  • +56 votes

    Destroy the video immediately.

  • +88 votes

    You can see the flashing indicator a solid 10m before you get to the bus

  • +68 votes

    Conveniently, the reflection off your bonnet reveals that the bus started to indicate to turn right several seconds before you started passing the bus…

    • +36 votes

      OP misinterpreted like "oh… when you said 'get a dash cam', I thought you meant get a camera to film my dash board!?"

      However the reflection does show the flashing for some time…

  • +47 votes

    lol. Did you also try and turn in front of the bus in that video? From the inside lane? Looks like YOU merged into the bus.

    Aus Road Rules 77: Give way to buses

    Aus Road Rule 148: Give way moving from one marked lane to another

    And possibly a smattering of;

    Aus Road Rule 28: Turning left from a multi-lane road

    PS: Worst camera angle ever for a dash cam.

    • +9 votes

      I don't think 77: Give way to buses, applies. It looks like OP was not "in the left lane or left line of traffic".
      The bus was in the left lane, and it looks like they didn't and weren't going to change to the middle lane.

      But, OP cut off the vehicle driving in the left lane in order to make a left turn from the middle lane. That vehicle happened to be a bus.
      That's bad.

      • +16 votes

        Well, it's a bit grey in that respect after having read it a few times. I guess if it depends on the parking restrictions at the time of the video? At that time of day is it considered a lane for driving or for parking?

        Well, I have been watching the video over and over again and I have done some work on this, and it appears as though OP also did not have their lights on. The lights on OP's car only come on around the 13 second mark of the video. The back of the bus and the reflective strips are not illuminated, none of the road beside the bus gets illuminated and when OP's car passes in front of the bus, there is a large dark shadow of OP's car cast in front of it from the lights on the bus. Only after OP's car gets hit, does the lights come on on OP's vehicle, which is now easily seen on the road, even under the street light.

        The other thing I noticed was that the bus had its indicators on from when OP turned onto that road. Its reflected in the bonut of OP's car at less than 1 second into the video.

        • +11 votes

          Haha you're right. Driving without headlights.
          And maybe a bit harder to tell, but it also looks like OP didn't indicate at all.

          Burn the footage OP.

          • +12 votes

            @crentist: There is so much wrong in this video from OP that I got a feeling it's going to become the next OzBargain meme. :D

            DisabledUser430204 in 3… 2.. 1.

        • +2 votes

          Well, it's a bit grey in that respect after having read it a few times. I guess if it depends on the parking restrictions at the time of the video? At that time of day is it considered a lane for driving or for parking?

          Maybe a bit grey, but it seems to be an intersection just ahead, without parking.
          The other thing that makes it more grey is 87 Giving way when moving from a side of a road or a median strip parking area, specifically:

          (2) However, the driver of a public bus does not have to give way to a vehicle if—
          (a) the driver of the vehicle is required to give way to the bus under rule 77, and
          (b) it is safe for the bus to enter the lane or line of traffic in which the vehicle is driving.

          Mayyybe, even if OP WAS supposed to give way(a), the bus THEN had to give way because it was no longer safe (b) to change lanes once OP was clearly passing.

          But again, I don't think the bus changed lanes anyway, and maybe completely OP passed the bus before impact, so none of that matters at all.
          It's all about how OP CHANGED LANES into the path of another moving vehicle. Which is pure 148

          • +2 votes

            @crentist: I'm tending to agree at this point. While I think OP should have given way to the bus based on the big sign on the back that says to, the actual road rule does stipulate that left most lane.

            I was trying to turn left,

            This comment added to the video, I am also convinced that OP was intending to "turn" left into the street where they were stuck, so ARR: 28 is also still possibly on the table. In that case, OP should have been in the left lane to turn, and if that was the case, should have waited behind the bus as ARR: 77 would then apply. So, I'm still partial to 77 still being on the table…

            •  

              @pegaxs:

              I think OP should have given way to the bus based on the big sign on the back that says to

              Agreed. TBH, I wasn't even aware of 77. A bit of extra awareness of space around buses is just common sense really.
              This whole thing is just careless. Including the ridiculous camera angle.

        • +3 votes

          Driving without lights at 21:00. Where is a HWP when we need one.

          •  

            @whooah1979: I think this is concocted. You could not make a better advert for a taxi/ride-share service.

            I've seen a lot of hipsters driving SUVs this badly, but not one fails this badly

            Not even someone who cams their dash AND can't see a bus pulling out when it is right 'bang' in front of them.

            boom boom.

            Maybe the bus should have hit it harder, then we wouldn't be putting up with such trollworthy vids.

  • +36 votes

    Mate, you're gone. That video (as ridiculous as the angle is you've got it set on … what's doing there???) shows the bus indicating for a long time before you got anywhere near it.

    • +19 votes

      OP. Take the matter to court. Including the Video. Clearly you have right of way and the bus drove off recklessly, probably under the influence.
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      Let's hope OP does, so he will be off the road for a while

  • +3 votes

    So much for give way to buses …

    • +4 votes

      Give way to buses doesn't negate their responsibility to indicate for the required time.

      Not an issue in this instance though - as the bus clearly did indicate for the required time.

  • +19 votes

    You must make a left turn from the left side of the road.

    You effectively cut off the bus to make a turn. You are at fault.

  • +16 votes

    Bus has right of way leaving a bus stop as soon as their indicators come on.

    It is taught in your driver's test and it is printed on the back of every bus.

    •  

      Bus wasn't changing lanes, OP wasn't in the left lane, so I think no need to give way to the bus.
      Unless of course OP then decided to cross into the next lane while there was already a vehicle already moving in it.

    • +1 vote

      TBH, it may not have been in the driver's test. That rule changed about 5-10 years ago. Previously, it only applied if the bus was crossing a broken line to head back into traffic. Now it applies even in the absence of road markings.

    • +2 votes

      Actually they have to give sufficient warning, ei 5 seconds of indication.

  • +4 votes

    http://classic.austlii.edu.au/au/legis/nsw/consol_reg/rr2014...

    ROAD RULES 2014 - REG 77

    Giving way to buses
    77 Giving way to buses

    (1) A driver driving on a length of road in a built-up area, in the left lane or left line of traffic, or in a bicycle lane on the far left side of the road, must give way to a bus in front of the driver if:
    (a) the bus has stopped, or is moving slowly, at the far left side of the road, on a shoulder of the road, or in a bus-stop bay, and
    (b) the bus displays a give way to buses sign and the right direction indicator lights of the bus are operating, and
    (c) the bus is about to enter or proceed in the lane or line of traffic in which the driver is driving.
    Maximum penalty: 20 penalty units.

    •  

      Holy moly. 20 penalty units.

      I'm sure there's a rule that there should be a few seconds that the indicators have to be on. ;)

      • +2 votes

        There is, buses still have to indicate for 3 seconds - just like everyone else. Otherwise there could be no safe way to ever pass a bus - as they would legally be allowed to crash into you at any time.

        • +1 vote

          This is actually 5 seconds under South Australian legislation. Rule 48.3 - not sure if this differs for other states?

          • -2 votes

            @askgadgetguy: How about you check and get back to us?

          • +2 votes

            @askgadgetguy:

            not sure if this differs for other states?

            If it's just "48", it's the Aus Road Rule. If it's something like 48.3 or 48-3, it is a piece of road rule legislation that is limited to that state. If it is 48 (3), it is the subrule "3" under rule 48.

            According to SA Road Rules legislation, there is no "48-3" to separate SA from the rest of Australia, so it means subrule in this case, 48 (3).

            (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.

    •  

      There you go, I didn't realise it only applied when you're in the left most Lane, sometimes when a bus swings out from a bus stop and I'm in the middle lane I'll let it change into my Lane, but now realise that's not exactly what the law is requiring.

  • +8 votes

    https://i.imgur.com/EEh4H6G.mp4

    Why is the dash cam pointing down on your dashboard?

  • +22 votes

    You needed to be going much faster, and hand brake turn for you to have made it..

  • +21 votes

    Might as well have the cam in the glove box.

  • +5 votes

    You're better off making a mspaint.exe animation than using that camera angle

  •  

    Your fault.

  • +3 votes

    Lol

  •  

    Oops! We couldn't find that page

    Aw FFS, this is what happens when I dont check the forums for a few minutes!!!

  • +13 votes

    Here is an MSPaint diagram based on the dashcam footage.

    •  

      Sorry, we can't accept that as evidence in Ozbargain court. It looks too professional, and thus forged evidence.

      • +2 votes

        The diagram clearly shows that there is a diagram, satisfying the court's requirement for a diagram.

  • +3 votes

    This happened ten days ago.
    https://files.ozbargain.com.au/upload/81235/73015/4a1ed360-3...

    Who filed a claim? The bus company or op?

    • +4 votes

      I'm guessing bus company against OP and next thread is;

      "I don't have insurance and at fault for a crash with a bus… wat do?"

  • +28 votes

    OP, are you actually so ignorant of traffic law that you would willingly share a video that's so obviously self-incriminating?

  • +3 votes

    Can we change the title to 'I hit a Bus that had indicated early….who can I blame?'

  • +22 votes

    The poll result looks like the grand final score

  •  

    it was soooo your fault. lol

  • +19 votes

    Whoever picks the 2nd poll option: Bus is at Fault….

    Whats the matter with you??? R U OK?! ^_^;

    Driving without lights in dark - GUILTY
    Overtaking bus/no give way - GUILTY
    Potato Dashcam on 80% dashboard - GUILTY
    Posting vid that proven you are 100% guilty - VERY NOICE!

    Might as well point the cam at crotch area.

    OP at fault, bus has better dashcam and you got caught. Hand over your driving and OzB licenses. And stay away from Yagoona.

    • +2 votes

      Might as well point the cam at crotch area.

      Lots of accidents happen there.

    • +2 votes

      I originally voted Bus at fault based on the description, obviously late to the party and didn't know there was a video (which I have since seen). Op makes it sound like the bus was in one of those bus stops off to the side where it then has to rejoin traffic and it just suddenly came out when they were next to each other.

      Completely different description to what happens in the video.

      Anyway, changing my vote, just wanted to point out how someone might come to 'Bus at fault'.

      Edit:
      What you cant change votes? :-\

    • +2 votes

      The Jewish guy in World War Z taught me that if 9/10 officials agree it is the duty of the 10th to disagree. My vote here has helped ensure we prevent World War Z. You're welcome.