Truck Hits Me as I Was Pulling out of The Driveway. Witness Says It Was His Fault

LChrizZ88 on 18/11/2022 - 21:16
Last edited 19/11/2022 - 12:51 by 1 other user

Hey guys, I just wanted to ask for your opinions on a car accident I had today.

Basically, I was trying to turn right from my driveway. There're two lanes I have to drive through in order to turn onto the other two lanes. The kerbside lane had cars parked there, just a bit further up from my driveway, which prevented traffic from travelling through that lane. On the outer lane, one of the cars left me a gap so I could pull out. I checked that there wasn't any moving traffic on all four lanes before I decided to pull out of the driveway.

However, as I barely pull out of the driveway, a truck on the kerbside lane hits me. At first, I thought it was my fault as I wasn't giving way, however a witness that was driving behind the truck said that the truck decided to switch lanes as I was pulling out of the driveway simultaneously to overtake the car that was leaving me a gap. The witness also said that the truck slammed on his accelerator as he was switching lanes, giving neither of us adequate time to reach.

I've already made a claim with my insurance company saying that it was the third-party's fault due to the witness's report, but I want your opinions. I have dashcam footage that I will take a look later, but the angle of view wouldn't be wide enough to determine whether indeed the truck switched lanes and drove into me at the same time as I pulled out of the driveway.

Cheers.

Automotive

Comments

      • gromit on 19/11/2022 - 17:58

        Being a nice person in these situations is how you get people killed.

      • Antikythera on 19/11/2022 - 21:51
        +1

        You wouldn't want to be stuck in your own driveway for 10-20 minutes

        so turn left and go around the block. don't wait to cross 4 lanes of traffic to go right.

        When leaving home, depending on my intended destination, and traffic at the time of day I depart, i'll travel slightly further to turn left out of my block. one of the edges of my block is Princes Hwy, though it does have service lanes, and the other three sides are also fairly major roads.

      • filmer on 23/11/2022 - 09:32

        Given the action caused an accident it seems like there is a clear reason why you shouldn't do this.

  • Baysew on 19/11/2022 - 13:02
    +2

    Witness Says It Was His Fault

    I would take more notice of your insurance company.

  • doctordv8 on 19/11/2022 - 13:07
    +1

    Your fault as per the letter of the Road Rules. You are ultimately responsible for your actions especially entering a live roadway.

    Next time as an option, exit left and as soon as practicable make a safe legal U Turn, or exit left and make safe RH turns and a final LH turn until you are heading in the desired direction.

    Just find a safe way to get where you are going…loosing a minute is better than loosing a life…..or in your case here, your No Claim Bonus.

  • nswnotill on 19/11/2022 - 13:11
    +4

    If you live on a busy thoroughfare I recommend that you investigate always turning left when exiting your driveway. You then have to contend with traffic going in one direction, rather than both directions.
    After a left turn, drive along the road to the nearest U turn, roundabout or traffic light intersection and turn there.

  • ColtNoir on 19/11/2022 - 13:13
    +1

    It will be interesting to see how this pans out. While I agree with people here saying that it’s your responsibility, someone driving in a wreck less/dangerous manner does throw a spanner in the works.
    Keep us posted.

    • pegaxs on 19/11/2022 - 15:17
      +3

      Keep us posted.

      Oh you. "Keep us posted"… :D You do know that this is not how these things work?? You post the questions, be as vague as possible and then either fight with everyone, or ghost.

      • ColtNoir on 29/11/2022 - 11:07

        Haha, fair play. I can only hope.

    • blitz on 21/11/2022 - 22:56

      someone driving in a wreck less/dangerous manner

      If someone's driving in a wreckless manner, why drive into their path?

      • ColtNoir on 29/11/2022 - 09:52

        If you could see it coming, then you could avoid it.
        You can’t alway avoid crazy drivers.

  • kaleidoscope on 19/11/2022 - 14:18
    -1

    I think you are out of luck in this instance i’m afraid. If you can prove the truck was speeding at the time (as you had said the witness mentioned truck accelerated during lane), both parties can be put at fault.

    But on either case you will at fault for not giving way.

    It’s a shit situation to be in. The lesson is never trust anyone on road. I’ve seen on so many occasions drivers not indicating at roundabouts and changing lanes which puts whoever makes error in judgement at risk and at fault.

  • fruxo on 19/11/2022 - 14:28
    +1

    In those situations, you have to just ignore the person that stopped to let you in. It's a common and dangerous situation. At least no one got hurt by the sound of it.

    Edit: I understand your point of view, but you are definitely at fault

  • drfuzzy on 19/11/2022 - 14:41

    It's your fault legally and you will have to pay.
    If you swing it some other way come back and tell us. That would make a good story.

    • pegaxs on 19/11/2022 - 15:24
      +2

      I don't understand how people are saying OP is at fault, he clearly got the right of way

      They didn't have "RiGhT oF wAy". The onus under the road rules, (ARR: 74 to be specific), is that if you are leaving a road related area, you must "give way" to ALL other vehicles on the road (including pedestrians and road roaches cyclists.)

      No one in this situation had to give way to OP. At all. Ever.

      If you think OP has right of way, then maybe you too, along with OP, should submit to a drug test.

    • Dan_ on 19/11/2022 - 15:36
      +8

      GreenLeanMachine52

      Member Since
      29 min ago

      giggle me toes

      Member Since
      15 hours 15 min ago

      GreenLeanMachine52 and giggle me toes must feel very strongly about the OP's situation.

  • Machinegod334 on 19/11/2022 - 15:12
    -3

    I agree, both the OP and truck driver should undergo drug and alcohol testing to see who really is at fault

  • Nebargains on 19/11/2022 - 16:07
    +2

    Is no one confused about the description? I cannot picture this in my head, where was the car that left the gap?

    • Dan_ on 19/11/2022 - 16:26
      +1

      Right turn out of a driveway onto a road with two lanes in each direction. Failed to give way.

      The needlessly long description is just the OP's attempt at putting the blame on the other party.

      • belongsinforums on 19/11/2022 - 16:50
        +2

        OP too lazy to just turn left out of his driveway and do a U-ey later.

        • pat_mac on 21/11/2022 - 13:17

          OP too lazy to MS Paint

      • Nebargains on 20/11/2022 - 15:53

        I get that, but the description makes no sense.

        Parked cars on the kerb side lane where the driveway is but apparently this truck changed lanes? Into the parked cars? This car that left the gap, was it on the other side of the road?

        I get it's a long winded story but it doesn't even make sense.

        • capslock janitor on 20/11/2022 - 23:12

          OP SHOULD BE SUED NONETHELESS FOR NO EXHIBIT DIAGRAM

    • Miss B on 19/11/2022 - 22:12
      +1

      On the outer lane, one of the cars left me a gap so I could pull out.

      I think the first of the 4 lanes OP was planning to enter. Apparently the truck pulled out of that lane and into the 2nd lane (likely because the idiot in front of them stopped in the middle of the road).

  • LoserScott on 19/11/2022 - 17:45
    +5

    You should go back and re-apply for your license, I think it should be every two years you must do your p's regardless how many years you've driven… Clean driving record increases it to 4 years to remove complacency and remind how easy it is to have it taken away.

  • herecomestheoost on 19/11/2022 - 18:43
    +7

    Sounds rough man.. Similar happened to me, I got the - as quoted above 'wave of death' took it as all clear then T boned.. I didn't bother mentioning that part to insurance or police who had come past… I knew I (profanity) up.

    • El cheepo on 19/11/2022 - 19:50
      +3

      That’s the difference between you and the op.
      You are aware it was your fault and learned from it, good on you for accepting it👍🏽

  • Kranbone on 19/11/2022 - 21:22
    +1

    OP, you're at fault. The insurer may side with you (for now), but when the truck driver provides their version, even if there is a witness, they will most likely side with the truck driver as you need to ensure traffic is clear before pulling out.

    At least you're insured.

  • achew on 19/11/2022 - 21:40
    -3

    Your insurer will side with the rules that suit them best. You had to cross lanes to be engaged in the collision.
    Despite the third party's mongrel driving habits, your insurer will likely put you at fault.

    achew
    'scuse me

  • the wiz on 19/11/2022 - 22:06
    +1

    At first, I thought it was my fault as I wasn't giving way

    Your first thought was probably correct.

  • safetruckdriver on 19/11/2022 - 22:25
    +6

    Hey mate, no need to post on a forum. You know you were in the wrong, otherwise you wouldve said something to my face. Glad to see most people have common sense and can easily tell your in the wrong. My insurance has the footage and they have guarenteed me you will be liable for all damages. Enjoy paying the excess.

    • DASHCAM NOW DUDE on 19/11/2022 - 23:38
      +2

      no need to post on a forum

      No, it's important to share information and let other's learn.

    • PleasureMe on 20/11/2022 - 05:28
      -3

      He obviously doesn't know he's in the wrong which is why he is seeking advice. You sound like a tool with your comment about paying the excess, not cool. You may not legally be in the wrong, but if you had been more patient and waited behind the car that was giving way, the accident would not have happened. Learn some patience and learn to be nicer to your fellow man.

    • El cheepo on 20/11/2022 - 10:45
      +2

      Not sure if this is a troll or a legitimately new account made by the truckie.
      But either way I’m grabbing the popcorn 🍿

      • capslock janitor on 20/11/2022 - 23:13

        MY GUESS IS TROLL otherwise he wouldve said sumth to ya face by now

  • vorsprung on 19/11/2022 - 22:30
    +6

    I see people trying to turn right out of my townhouse complex, despite there not even being enough visibility for a safe left hand turn. It’s only a regular 60km/h road too. Whenever I want to turn right I always exit left, go 300m down the road, hook it around the roundabout and come back. Accident waiting to happen otherwise.

    Good luck OP but likely you’ll be deemed at fault.

    • grr1701 on 20/11/2022 - 09:32

      I was going to suggest something similar. It almost always saves time and is so much safer.

  • taoz on 19/11/2022 - 22:41

    they will deny your claim,
    They look over the road rules, well alteast should

  • Davo1111 on 19/11/2022 - 22:46

    Great troll. Can’t believe anyone thinks this is real

  • PleasureMe on 20/11/2022 - 05:29
    +1

    As we motorbike riders say… GAPS ARE TRAPS!

  • gentlecrack on 20/11/2022 - 07:51
    +7

    Had a tough time understanding OP’s description. Here you go with the MSPaint diagram.

    • omniX32 on 20/11/2022 - 17:30

      Thank you so much - I was so confused as to why there was no ms paint diagram, and yet everyone was responding like this was a real car accident.

    • capslock janitor on 20/11/2022 - 23:14

      MVP

  • peekabooo on 20/11/2022 - 10:00
    +1

    Road rules are against you. Sense like the witness doesn't know the road rules to make that call.

    • tonsta on 22/11/2022 - 10:32

      Wait till these two learn about round about rules… mind blow 🤯

  • McFly on 20/11/2022 - 10:48
    +3

    OP, please tell us which state you live in so the rest of us can drive without constantly having to check for cars coming out of driveways whenever they like.

  • jimdotpud on 20/11/2022 - 11:08
    +1

    as I Was Pulling out of The Driveway

    You are at fault. Plain and simple. You have no rights pulling out of a driveway, and no-one on the road has to give way to you. You have to give way to everyone and only pull out when it is clear and safe.

  • ripesashimi on 20/11/2022 - 11:35
    +3

    Witnesses are only useful if you disagree on facts. Your own story shows that you are at fault.

  • Z126 on 20/11/2022 - 15:01

    Let the insurance investigate and make a decision. No point overthinking it.

  • Bangerbargain on 20/11/2022 - 19:39

    Where is the dashcam footage?

  • Piranha2004 on 20/11/2022 - 19:43
    +2

    What the witness says cant be used as a guide for the decision. You pulled out into traffic when it wasnt clear/safe. You will be deemed at fault.

  • Seraphin7 on 20/11/2022 - 19:53
    +1

    Your fault. Must give way to all traffic when entering a road. The particulars of parked cars, lane changes, and gaps left is all irrelevant.

  • Yeah OK on 20/11/2022 - 20:07
    +1

    I'm sorry, but I don't think you'll have much luck convincing your insurance that it was the truck's fault. When entering traffic from a parking lot or driveway, you have to give way to all traffic in all lanes. This is the rule in NSW and you'll be hard pressed to find anything different in other states.

    I have a similar situation in front of our home. We live along the Pacific Highway in Coffs Harbour.
    If I have to turn right to go somewhere, it means crossing 2 lanes to get into the correct lane.
    When traffic is busy, I can wait a very long time for a safe gap.
    Instead, I just turn left and either use a roundabout to go back, or the nearest right-hand sideroad, and do a u-turn before re-entering traffic in the correct lane.

    Yes, it may be a little bit more inconvenient, but it's safer that way.

  • justgooddeals on 20/11/2022 - 20:57

    Ur stuffed. Like Christmas turkey. Pay the insurance excess required when your at fault and get on with your life.

    Not worth the agro.

  • capslock janitor on 20/11/2022 - 23:15
    +2

    ONE DOES NOT SIMPLY PULLOUT

    • Seraphin7 on 21/11/2022 - 13:41
      +1

      OP's pullout game is not strong.

  • eudai on 20/11/2022 - 23:41
    +1

    I checked that there wasn't any moving traffic on all four lanes before I decided to pull out of the driveway.

    However, as I barely pull out of the driveway, a truck on the kerbside lane hits me.

    Those two sentences don't add up. You weren't looking where you should have been.

  • MrFunSocks on 20/11/2022 - 23:52

    Sounds like you were 100% at fault. You are entering the road, you have to give way. The fact that the truck hit you says you didn’t.

  • lakers1222 on 21/11/2022 - 01:31

    Might sound harsh, but truck had right of way. A leave leaving a driveway must give way to all traffic currently on the road.

  • stingyashell on 21/11/2022 - 01:43

    it sound like you assumed the witness is correct? when you give way it doesn't matter which lane the vehicle is coming from. Yes the truck could've drove slower as he change lane but that truck doesn't have to give way to you (truck could also assume you were taking the lane closest to the opposing traffic). The whole thing just sound like you're out of luck. I would say the Truck is at fault if he hit your back after you completed your turn.

    • McFly on 21/11/2022 - 12:40

      I would say the Truck is at fault if he hit your back after you completed your turn.

      Even if that happened it still doesn't mean it's not OP's fault.

    • Euphemistic on 21/11/2022 - 13:40

      would say the Truck is at fault if he hit your back after you completed your turn.

      Not if the completed turn was completed and The truck needed to slow down to accomodate you.

  • raiseyoursteaks on 21/11/2022 - 07:35

    How does the so called witness know the truck driver slammed on the accelerator? He was in the truck?

  • imurgod on 21/11/2022 - 07:36
    -1

    You're at fault. End of story.

  • Seiko on 21/11/2022 - 07:45
    +2

    You pulled out in front of a moving vehicle. It's as simple as that.

    The truck driver performed a legal and safe lane change (he did not hit anyone next to him or cut off people behind him).

  • whitepuma on 21/11/2022 - 08:03

    who each of you & the witnesses believe is at fault is somewhat irrelevant (especially given as their opposing opinions), best bet would just be to get each party (especially the witnesses) story to the insurance company and see what their judgement comes back as

  • redfox1200 on 21/11/2022 - 08:37
    +2

    Not your fault, just scoot down to the local registration office to collect your safe driving award and $200 gift card

  • [Deactivated] on 21/11/2022 - 09:36

    How fast did the truck go when it 'slammed on the accelerator' as your 'witness' states. Was it say the force of 40 tonnes going downhill fast? because y'know those things generally dont take off in a hurry.

  • Topdog on 21/11/2022 - 11:08

    No matter what the truck driver was doing, he/she had right of way to you, You pulled out, you are at fault

    • Eeples on 21/11/2022 - 16:49
      -1

      There is no ‘right of way’ in the road rules.

      • eudai on 22/11/2022 - 15:00

        Then what is a give way sign? 🤣

        • Dan_ on 22/11/2022 - 16:46

          A give way sign means you are required to give way. Why is that funny?

          I'm guessing you're in VIC. The following is from the Endnotes/Reader's Guide^ of the Road Safety Road Rules 2017.

          Obligation to "give way"

          There are a number of rules requiring a driver to give way to another driver or a pedestrian. However, under the Road Rules the other driver or pedestrian does not have a "right" of way.

          ^It should be noted that the Guide is not part of the Road Rules

          • filmer on 23/11/2022 - 09:38

            @Dan_: This line is basically saying that if the party that should have given way has already started to move then the other party should not proceed. Basically just because you should have been the first to move doesn't give you the 'right' to proceed if it will cause a traffic hazard.

            It's simply being pedantic on the semantics of the phrase 'right of way'.

            • Dan_ on 23/11/2022 - 10:37

              @filmer:

              It's simply being pedantic on the semantics of the phrase 'right of way'.

              In the unlikely event that the OP can prove the truck driver had ample time to avoid a collision, this would put fault (partly) on the truck driver.

              Tell me how this is "simply being pedantic".

              • filmer on 23/11/2022 - 10:44

                @Dan_: If the truck had already started to make its move then it's redundant. You would have to prove the truck changed lanes after the car had taken off. I find it highly improbable a truck can change lanes, accelerate, and overtake in the time it takes a car to cross a lane.

                • Dan_ on 23/11/2022 - 10:51

                  @filmer: When did I ever suggest that is what happened? I, likewise, said it was improbable the truck driver was in any way at fault.

                  I said that one party's obligation to give way does not give the other party a right of way.

                  I proceeded to explain how this could make a difference after you paraphrased the quote from the Reader's Guide (which is written in plain English) and called it pedantic.

                  My question to you was: Tell me how this is "simply being pedantic"?

                  • filmer on 23/11/2022 - 11:06

                    @Dan_: Ugh. Debating on the internet is a fruitless endeavour.

                    When people say right of way, they mean who SHOULD be giving way to who, they don't literally mean they should be able to proceed even if it means they will collide with the car that should have given way.

                    The phrase 'right of way' would imply that even if the party who should have given way is 3/4 way through their manoeuvre and the other party begins they should still stop.

                    What you have linked clears up the semantics of the phrasing 'right of way', that is why it is being pedantic if you say there is no such thing as 'right of way'. No sane person would they can proceed as if it were their 'right' under all circumstances.

                    I had a similar situation just last week. I was in the far lane and needed the middle lane. A car approached a side lane in a way that set off my spider senses. Rather than changing lanes (even though they should have given way to me, and if I had I would not have been at fault as they had yet to enter the road) I stayed in my far lane. Turns out the guy was such a bad driver I had to nearly mount the curb and speed up so they didn't hit me in the far lane. If I had made the move they definitely would have hit me. While they should have given way to me, it was not my 'right' to change lanes.

                    • Dan_ on 23/11/2022 - 11:23

                      @filmer: You've not watched enough Dash Cam Owners Australia.

                    • Euphemistic on 23/11/2022 - 14:42
                      -1

                      @filmer:

                      When people say right of way, they mean who SHOULD be giving way to who

                      No, when people say ‘right of way’ they are wrong. They should actually be saying who should give way.

  • splicer on 21/11/2022 - 11:14

    1) If you can't see, don't go.

    2) If you're unsure, don't go.

  • Fizzydrink on 21/11/2022 - 12:31
    +1

    Turn left next time, and turn around at next street

  • tonsta on 21/11/2022 - 15:51
    +2

    Give yourself an uppercut and hand in your license, you’re a danger to yourself.

  • Eeples on 21/11/2022 - 17:27

    Paint diagram.

    OP, is this about right?

    https://ibb.co/rF7Gd6Y

    • Ughhh on 21/11/2022 - 18:30

      There's nothing in the road rule book about this right.

      • Eeples on 21/11/2022 - 18:57

        Yer, pretty sure OP needs to give way to everyone. But the rule book is mute on any right of way.

        • Ughhh on 21/11/2022 - 20:18

          Which way is right?

        • spixder on 22/11/2022 - 19:13

          In WA the person changing lanes would need to give way to cars already in that lane. If the op entered the kerb lane before the truck, then the truck would need to give way to the op, but if its the other way then its time to open the wallet.

          • Euphemistic on 22/11/2022 - 19:31

            @spixder: OP was perpendicular across the lane to turn right. Pretty much rules out the other vehicles needing to give way.

    • Domingo on 21/11/2022 - 19:34

      That is not the scenario the OP describes.

      You have drawn a 4 lane road going to the left, with cars parked blocking the outermost lane and then a further 2 lanes going to the right.

      The OP clearly states that it was a 2 lane in each direction road, with cars blocking the outermost left lane a short distance from his driveway.

    • Hangryuman on 22/11/2022 - 12:31
      -1

      nice dyer gram - go to the top of the Paint class !

    • giggle me toes on 22/11/2022 - 13:06

      Your paint diagram accurately describes the amount of brain cells and lack of ability to read a simple post by OP.

  • Hangryuman on 22/11/2022 - 12:29
    +1

    'one of the cars left me a gap so I could pull out. I checked that there wasn't any moving traffic on all four lanes before I decided to pull out of the driveway. However, as I barely pull out of the driveway, a truck on the kerbside lane hits me'

    reading that suggests to me the OP wasn't paying attention and giving way to all oncoming traffic before entering the roadway

  • altomic on 22/11/2022 - 23:18

    witness says OP owes me $500

  • cupcake on 23/11/2022 - 16:47

    Don't enter the road if traffic isn't clear.

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