Driving: Who's right and who's wrong?

Happy Sunday all….

It seems to be a slow day, so I thought I'd try stir up some conversation about this "interesting" dashcam video I came across this morning.

https://www.youtube.com/watch?v=UZiBGMqy3-U

In the video, there seems to be a slight collision where the vehicles are side by side and it appears the mirrors have knocked each other. There's a mix of broken road rules and (lack of) common sense and courtesy. In my opinion, the situation and the "collision" could have easily been avoided.

So my question for everyone is… who do you think is more in the wrong?

Edit: 07/07/2021 10:45: I probably didn't make it clear in the post, but the video is not mine and that guy with the man-boobs is not me.

Poll Options expired

  • 7
    Dash Cam driver is more at fault
  • 533
    Driver of the blue car is more at fault
  • 56
    Both are idiots

Comments

      •  

        Like I said in another comment earlier today, it's a short video and no-one will be able to say for sure if the DC driver is doing it intentionally or just not paying attention. I left it open for discussion on purpose - some people won't notice the DC driver's actions (or inactions), some people will.

        It wouldn't be as fun if I simply pointed it out. I wasn't looking for people to agree with me - I wanted opinions and an open discussion and that's what I got.

  •  

    Dashcam owner is also wrong due to the loud music playing from damaged speakers.
    Technically the case may be unroadworthy, he is driving distracted and he has poor taste, so definitely deserves a ticket.

    The blue car is wrong because of obvious shitty driving skills and a general lack of courtesy.

    •  

      Shitty mic, not speakers.

  • +1 vote

    If you don't brake / give way 2 sec s in where the Idiot is clearly going to go left illegally over a s8 line you will have numerous accidents .

    •  

      Over a s8 like, like "seight" or "sate"? Like that Avril laving song about the sater boy.

  •  

    As everyone says, blue car has to pay for everything as they are at fault. The end.

  • +4 votes

    Blue car is 100% at fault however it was easily avoidable by the DC driver. DC driver chose to let an idiot invade their space instead of giving them room. So despite being in the right, now they have to explain to their insurance what happened, ensure their NCB is intact, out of their own car for a a couple of week in the name of being in the right.

    We often say this in our flight school. "There is no use being right and dead, be courteous and avoid idiot." I drive with that attitude 100% of the time.

  • +3 votes

    Obviously the blue car was in the wrong but it was a dick move by the car with the dashcam not slowing down to avoid it.

    Only last month I avoided a collision like that when a car swayed into my lane twice without even indicating. I slowed down, honked and the driver immediately straightened up her car the second time. I assumed that she was microsleeping so I drove passed her quickly not taking the chance of a 3rd time.

  •  

    What the heck is wrong with the DC driver? Has DC with the blue car parked directly in front of them and still wants to take a pic?? Putting themself in a bad situation. If they wanted they could have taken a pic from inside the car? But nah gotta do the human zoom to get every little detail of the licence plate ey.

    Ceebs

    •  

      They want to make sure that they get the number plate. They probably didn't think the driver would try to attack them.

      That too and they'd just been involved in a traffic incident. I was rear ended by a car about 12 months ago, I didn't really think straight until the adrenaline wore off.

  • +2 votes

    While I agree that the DC driver could have taken steps to avoid blue car fool, this is what I despise about claims assessors attributing contributory negligence to someone like the DC driver - I believe the blue car driver should be attributed 100% of the blame here since if it wasn't for his stupid actions in the first place, none of the rest of it would have happened.

    •  

      The point of contention here is whether the DC driver simply did nothing or did she intentionally drive side by side and block the the driver of the blue car knowing that he was wanting to change lanes. Some people will think she was "just driving" and some watch the video and think that she intentionally put herself in that position because she was being stubborn. So depending on how you look at it - If she was simply "just driving", then it's not sufficient cause for contributory negligence. If it's found that she intentionally drove side by side to block him (which is what I think), then contributory negligence is likely. However, with just the video alone, we're never going to know which it really was - hence I thought it as an interesting video to share.

      If you hate claims assessors, then you'd probably be pissed to know that if someone ran out onto the road and you hit them, you're likely to be found "at fault"? The onus of proof is almost the other way around here - you almost need to prove that you had done everything you could to avoid hitting them. And then after you think you've done everything, they'll tell you something along the lines of "well, there are houses around here and you should've expected that there might be people around and slowed down".

      I don't agree with the example involving a pedestrian above, but the decisions aren't based purely on our own opinions - we have to take into account whether the decision is likely to stand up in court.

      • +1 vote

        You're thinking like the assessor you were. IMO, I don't think it should matter if it was a deliberate block or not. It wouldn't have happened at all if it wasn't for blue car's actions - hence, 100% on him.

        •  

          It wouldn't have happened at all if it wasn't for blue car's actions - hence, 100% on him.

          So just for argument's sake, if you were reversing out of a driveway and you had the back sticking out a bit - a car comes around and sees you blocking the road and deliberately hits you. Who's fault would it be? Or if you accidently ran a red light and another driver got pissed off and deliberately rammed you, who should be liable for the damage?

          •  

            @bobbified: If both of the other drivers were just holding their line of direction, then I'm liable - in both instances. Neither would have occurred otherwise. If they deliberately change direction to swerve into me, that's another matter.

            • +1 vote

              @Frank Murphy: I think this is going to be where we can't agree.

              A driver has a responsibility to take action to avoid a collision where it's possible. And that applies even if they haven't done anything wrong. You can't simply keep going and plough into another car just because they've done the wrong thing regardless of whether you're just holding your line of direction. If someone can avoid a collision, but they take no action because they think they haven't done anything wrong, they could be up for some pretty serious charges if there are injuries or death as a result of the avoidable collision.

              •  

                @bobbified: I think you misunderstand - I agree with almost everything you have said. All I'm referring to is who is liable for the damages in a bingle such as this. And quite frankly, If there is ANY doubt about the intentions, or otherwise, of the DC driver, then they shouldn't be apportioned any of the blame whatsoever. I can see that the blue car had, for a split second just prior to the collision, slightly changed direction back into his own lane before continuing his stupidity. It's at this point she may have believed it was fine to maintain her line of direction.

                •  

                  @Frank Murphy:

                  And quite frankly, If there is ANY doubt about the intentions, or otherwise, of the DC driver, then they shouldn't be apportioned any of the blame whatsoever.

                  This, you're right and I agree.

                  After watching that short video, I think the opinion on whether it was deliberate or not by the DC driver is dependant on our own experiences and this is the part we're not going to agree on. There's no right or wrong because that video is all we have to go by right here and that is the reason I thought it would be an interesting one to discuss.

          •  

            @bobbified: In all those circumstances, it would be your fault. The other driver would have contributed to the crash by not taking action to avoid it, but they're not technically liable.

            Many insurance claim forms now ask what actions you performed to try avoid the accident where you're not at fault, so maybe they're trying to discourage people from deliberately creating accidents that could've been avoided..

            •  

              @lint:

              In all those circumstances, it would be your fault.

              I probably didn't make it clear in the OP, but that man-boob laden man (and what looks like his mother) is not me! 🤣
              I found the video online and thought it would be an interesting topic of discussion to see what OzBargainers think of both driver's actions.

              • +1 vote

                @bobbified: LOL, all good. I was replying to your post above:

                So just for argument's sake, if you were reversing out of a driveway and you had the back sticking out a bit - a car comes around and sees you blocking the road and deliberately hits you. Who's fault would it be? Or if you accidently ran a red light and another driver got pissed off and deliberately rammed you, who should be liable for the damage?

                Didn't assume you were the angry blob, who from the video even knows he's at fault.

  • +1 vote

    That little fat man wobbly walk lol

  •  

    Easier to avoid an accident then to cause one. I'd say both are idiots.

    Blue car is in the wrong - white car could have avoided this accident easy, and by letting him in (who really cares if it takes a couple of seconds longer), blue car could have been an alcoholic or a druggy, or perhaps an unregistered or even a stolen car.

    Now the police are there taking time to see who's right and wrong, why would anyone want that?

    • +1 vote

      Looking at the footage, I somewhat concur.

      They were both hesitant. Blue and white kept playing chicken with each other, not one of them backed down. But ultimately blue @ fault.

      Also blue merged through an unbroken line.

  • +2 votes

    Letting people get away with stupidity is why people like him exist.

    • +2 votes

      Happy to let you sacrifice your time and car to teach them a lesson.

      They may be in the wrong and you may not have to pay for anything immediately, but you'd have to

      1. Waste your time going through all the insurance claim process
      2. Potentially be found at-fault if the other driver lies about what actually happened (which happens much more than it should!)
      3. Get your car fixed
      4. Potentially not have a car for a while
      5. Potentially go back and forth and argue if the dodgey smash repairers don't do a good job
      6. Suffer a reduction in the value of your car
      7. Possibly have an increase in your insurance premiums for a few years.

      Is it really worth it?

      •  

        Definitely. I do what the dashcam driver did constantly. My car is a POS and the people who don't pay attention generally have much nicer cars.
        It would be hard for the idiot in the video to claim it was anyone's fault but his own, plus there's dashcam footage. Everyone should have a dashcam these days, if not then I pity them.

        I also park really close to people who park over the lines in car parks so they can't get into their car. If people are doing illegal 3 point turns where they shouldn't, I don't reverse and give them the room they need to get out easily. When people try to cross over double solid lines to get ahead in traffic at red lights, I manoeuver so that I block them and they're stuck where they shouldn't be, but I'm in a legal area just being a dick.

        I'm sick of people getting away with breaking the law and risking lives and the more they get away with it, the more they do it.
        The police should accept dashcam footage which clearly shows number plates as evidence to fine drivers. Imagine a world where everyone could submit their videos and drivers get penalised when there's no cops around. We wouldn't get half the shit we see on YouTube and everyone would be much safer.

        • +1 vote

          Definitely. I do what the dashcam driver did constantly.

          My mate does this all the time and it annoys the crap out of me. I tell him that we can't control how others react and they might go nuts and ram you or something. There's a lot of crazy people out there that have major anger management issues. You just have to watch some of the road rage videos to see. Some people even ram cop cars so they would have no hesitation doing it to you! I'd rather not unnecessarily put myself and my passengers in that position. Nice car or not, it can easily be replaced. It's the potential for serious injury or death that I think about.

          •  

            @bobbified: Those are fair points.

            •  

              @Herbse: Whatever it is, just stay safe out there. At the end of the day, we're just a bag of skin and bones! We're not very resistant to flying blocks of metal! haha

        •  

          You're just waiting for someone to write off your car for a good pay day $$$$$

  • +2 votes

    Both are knobs. Obviously legally the blue car is at fault, but no patience whatsoever from DC vehicle.

  • +2 votes

    Dashcam guy is a tool for not letting the blue car in but the blue car didn't merge safely.

  • +3 votes

    Gaining that 1 car space really paid off.

    So many accidents are caused by stupid lane changes.

    I see it every day driving into Melb. Sometimes the same cars! Chop and change lanes a dozen times and still stuck behind or next to me at lights…

    • +1 vote

      With newer cars on the road, I'm getting a lot of people indicating and about to change lanes into me but their lane keep assist system alerts and stops them from hitting me. Eventually these sorts of accidents will be uncommon.

      •  

        I've seen a lane assist system clearly flashing red on the other car, can hear it beeping at the other driver, blew my own horn, and STILL they pushed over oblivious to anyone else…

        •  

          There's no helping some people

  • +3 votes

    Imagine thinking your indicator gave you right of way when changing lanes, not to mention changing lanes over a solid line. Blue car is a dick and well in the wrong, yes the dc car could have avoided it, but this makes for a far more entertaining video.

  • +2 votes

    Obviously the blue one is at fault for not checking his dead angle. White could have slowed down, but was in his lane all the time.

    What is hilarious about this video, is that it is a pure definition of an instant karma. During any type of car accidents, being calm and courteous with one another goes a long mile - makes details exchange a lot easier, and ruffles less feathers.

    As a side note - the blue car driver has obviously never thrown a punch in his life, considering that raised fist and a waddling charge ;)

  •  

    That top YouTube comment though :P

  • +1 vote

    Blue car at fault, crosses solid line.

  • +1 vote

    That fat idiot in that blue car should never be allowed to drive any vehicle. That idiot is not "more at fault", but he's the one at fault. I'm not about to perform a dangerous swerve just to let some godforsaken monkey into my lane.

  • +2 votes

    I've seen this one a few times. Driver of the blue car is at fault and also needs to go on a diet.. But white car could have prevented the accident also… Gotta swallow your pride sometimes and let the idiot in.

  •  

    The hilarious girly-punch threat at 0 min 45 sec from the obese blue car driver was one of the funniest things I've seen on the internet in months. The cammer must have been in hysterics.

    Thank OP.

  • +1 vote

    Driver of blue at fault and an idiot for turning into a lane where there's a vehicle.

    • +3 votes

      Link to that road rule?

    • +2 votes

      lol you must not be from around here. Indicate in victoria and everyone just speeds up not to let you in.

  • +1 vote

    Blue car is clearly more wrong.

    However I believe it is a road rule that you must slow down to avoid a collission, not hit the accelerator to run up alongside someone merging into your lane.

    I give it 75% fault to blue car 25% to dashcam, any may god have mercy on your souls.

  • +1 vote

    Blue car is more at fault as it turned into DC car. However DC car could have let the blue car in when it was indicating rather than speeding up, placing themselves in an obvious position to get knicked.

  • +1 vote

    blue car clearly in the wrong, dash cam driver an idiot. collision easily avoided, being in the right doesn't make an accident any less inconvenient. So both options 2 and 3.

  • +1 vote

    Why do so many dash cams users drive in a certain way so as needing to rely on it later?

    Blue at fault, but the incident could have been avoided by both. Also, blue boy should be very careful getting out of the car like that.

    •  

      Why do so many dash cams users drive in a certain way so as needing to rely on it later?

      LOL! Its like they're trying to justify to themselves why they got it! 😋

    •  

      Minor panel damage they're hoping to get covered by a larger incident? If anyone ever backs into my front bumper I hope they leave their details or I have evidence so I can get a respray of a couple of minor stone chips without paying myself…

      •  

        lol, yeah I must admit when I was rear ended last year, it was inconvenient but it meant I got the scratch removed from when a piece of steel in the garage fell on it and left a deep gouge. So was pretty happy with end result.

  • +1 vote

    Glad both of them are still alive, after watching unhinged…..I have learn how to honk the gentle way.

    Thanks Mr Crowe.🤣

    I hardly honk anyways unless the person is going to crash into my car.

    …there are too many idiot drivers out there.

  •  

    From the footage, what I can tell (as others have said) - Blue…
    Worth looking at:
    "148 - Giving way when moving from one lane or line of traffic to another marked lane or line of traffic"
    https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r...

    I'd imagine the blue people gave the guy in the blue car a ticket, not only for the attempted merge but also for blocking traffic with the park half in the lane, but also for the physical threat.

    Then again, maybe just having a bad day and he snapped. Perhaps the blue people understood and calmed him down and all was well. He may have a mental health issue with a reaction like that. Not sure…

    If it's the OP's video, the OP may want to pixelate the rego plate and parties faces. Just a thought.

    •  

      If it's the OP's video, the OP may want to pixelate the rego plate and parties faces. Just a thought.

      Nah, it's not my video - I wouldn't act like either of those two clowns.

      •  

        Fair call!

  •  

    seems like blue car driver doesnt know that indicating means to 'indicate' your intent to merge lanes, which doesnt mean you can just shove your way in. seeing the fat guy stomp around was hilarious though.

    •  

      he was distracted talking to his momma

  •  

    Why is this even a discussion. It is clear as day and night.

    •  

      It is clear as day and night

      Are you talking about the Shetland islands where night is day and day is night?

      •  

        Whatever you think.

        •  

          It's "Whatever makes you happy".

  •  

    that looks like a staged video with the keystone cops arriving on time

    read the comments below the YouTube video - totally worth

  • -1 vote

    Ive also noted that pretty much any car with a dashcam, the driver is completely clueless. My theory is they know their shit drivers, so they get a dashcam, because the chance of them getting into an accident is so high. This video further proves that theory. White ute driver could have easily slowed down once they spotted blue moron driving like an idiot, instead they chose to keep plowing ahead like some arrogant fool and paid the price for it.

    •  

      they're

    •  

      Yes, if there wasn't any dash cam, this video and thus this incident would never had occurred!

      Strange that every accident you see on youtube is from a dash cam!!! Hmmmmm🤔🤔🤔

      • -2 votes

        the white car driver could have 100% prevented this accident, but because their a moron dash cam owner who has zero spatial awareness, an accident did occur.

        • +3 votes

          So did the accident would've occurred regardless the white car had a dash cam or not?

          It's a ridiculous statement to say all dash cam drivers are shit mate.

  • +1 vote

    Dashcam guilty of doof doof and not stopping for what was an avoidable collision. None of which is a crime that is legally punishable.

    Blue car is at fault for the accident. Possibly assault. Possibly fleeing the scene?

    Police at the right place and the right time for once.

    None of them seem to know how to park.

    Article about the incident: https://mooraboolonline.com.au/2020/10/24/dashcam-terror-as-...

    •  

      That still in the article is perfect.

  • +1 vote

    This is shocking that the "Both are idiots" doesn't have way more votes……..

    •  

      Well they both are idiots, just the Blue car driver is so much worse.

    • +1 vote

      Well, most people don't seem to think the DC driver did anything wrong. IMO (but I can't say for certain), it appears as though she intentionally pulled alongside and slowed side-by-side to block the car from moving across.

      • +1 vote

        yup, I get the feeling she was in a hurry and felt the blue car was slow so quickly went to the other lane to overtake and when she saw the blue car turning in, she didnt want him ahead of her again and so tried to stop him thinking he will see her and back away. And thats how the accident occured.

  •  

    DC driver is wrong for the music, but blue car is wrong for his limp wrist and aggression.

    In terms of driving though, blue car, duh.

  •  

    Blue car is at fault legally 100%. However whilst driving you need to account for the inept morons on the road and need to be cautious for shenanigans such as this. The DC driver should of been paying attention too, the car had clearly signalled and despite being in the wrong to turn should of seen they were doing it anyway and slowed down.

  •  

    OMG, when the camera came out ! Usual country mentality.

  •  

    Obviosly blue. The camera driver could've done more to avoid the crash, sure, but it isnt their responsibility. It's the blue car driver's job to ensure there's a safe distance when changing lanes.

  • -2 votes

    Both are wrong but dash cam broke rule 141

    http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104...

    •  

      In Victoria that only applies to roads with unmarked lanes. This isn't AfWelshistan.

  •  

    It astounds me how majority of drivers these days seem to have zero clue about what solid white line means.

  •  

    Blue car doesnt have right of way but he definitely started turning in well in advance where the other car should have seen it and slowed down, maybe beeped and seen if the blue car continued to turn in or went back to his side of the road. They are both at fault and also the dash cam driver seemed to be speeding and moved from behind the blue car to the left lane (possibly to get ahead of the blue car) and i think she had decided to not let the blue car in because she was in a hurry / wanted to get ahead hence why she just continued on.

  •  

    Blue car at fault for the unsafe merge aswell as crossing the solid line, but the DC driver could've easily avoided the collision too. Personally I would've slowed down slightly to avoid the idiot driving the blue car.

  •  

    This is entry level 101 driving and stuff they ask on the learner test - doesn't matter if you indicate or do whatever you can ONLY change lanes when it is safe to do so. End of story.

    So the blue car has left it late, chucked their indicator on late as well (no where near enough advance time given) and not actually checked their blind spot to see if it's clear.

    Super simple and really can't be argued otherwise.

    PS. And this is yet another example of exactly why it's ESSENTIAL to have a decent dash cam…..as if the at fault Blue car goes to their insurance agent and says, I indicated well in advance and it was safe to change lanes but other party was going too fast it's a tough one to prove.

    Sometimes you'll get lucky and they'll get caught out in their lies but dashcam footage makes this truly open and shut if you're going by the letter of the road rules, which is how they'll administer.

  • +1 vote

    I'm surprised no one has commented on the end where the 2nd police van blocks all traffic with this major event lol :) .

    •  

      im surprised that no one commented at how the angry fat nerd jiggles around and then goes to throw the worst punch youve ever seen, hears the cops and tries to run/waddle off

  •  

    Options 2 & 3 of the poll are both correct. Driver of the blue vehicle has clearly created multiple accounts and selected option 1 on all of them. Mods, can you ban all of his accounts and prevent him from creating further accounts please?

  • +1 vote

    Aside from the unsafe lane change by the blue car, the driver then fails to fulfil duties after the crash and further is causing a public nuisance - provided he hasn't assaulted her or damaged her phone.

  • +1 vote

    If i needed to have a car dent fixed from pre-existing accident, this would have been perfect time for a free fix.

  • +1 vote

    Blue car 100% wrong. solid white line. Karmic justice at the end.

  • +1 vote

    Wow. What a tough guy driving with his mum and threatens to punch a woman filming him.
    What a complete knob.

    Had to laugh at him storming out the car to look at the damage.

    Yeah it could have been avoidable. But when I was on my Ps many years ago, I had a senior man do exactly what this person did, but they were right next to me, scared the crap out of me as it was totally unexpected.

    We exchanged details, and he ended up sending me a letter of demand saying it was my fault because he had indicated to change lanes (obviously it was his fault). I let my insurance handle it, and that was that. Hopefully he learned a lesson after that because who knows how else he could have endangered someone.

    Hopefully this person will learn a lesson, but something tells me they won't.

  •  

    You both are at fault.

    Blue driver was mean and in a hurry to jump the lane. He change the lane before a continuous white line. He did gave the indicator to you for at least 3 sec. I have seen you started to slow down. You can avoid this collusion by giving the way to the blue driver but you didn't and keep on going. This proof you are also mean and wants to teach him a lesson.
    So in short both of you are at fault.

  •  

    Driving: Who's right and who's wrong?

    That's easy, I'm right, everyone else on the road is wrong