Car Accident - Lane Merging On Freeway

LKets on 09/02/2024 - 12:54
Last edited 09/02/2024 - 13:44 by 1 other user

Hello everyone,

I am writing to seek your expert legal advice regarding a traffic accident I was involved in a few weeks ago on the Melbourne freeway, which resulted in damage to my vehicle. I believe the circumstances surrounding the incident may entitle me to make a claim against the other party involved, a truck driver, but I need your guidance on the matter.

Incident Details:

Location: Melbourne freeway, city-bound direction

Vehicles Involved: My small car and a goods-carrying truck

Description of the Incident: At the time of the accident, the traffic was bumper-to-bumper, and the speed of all vehicles was not more than 15 km/h it like stop and go, stop and go. I intended to merge into the right lane and indicate my intention to do so to the truck driver on my right for almost 100 mtrs. Despite my indication, the truck driver did not allow me to merge and subsequently collided with the right side back panel of my car while I was in the process of merging.

Driver's Reaction: The truck driver refused to provide his details and claimed that the fault was mine for attempting to merge into his lane.

Evidence Collected: I have photographs of the truck, the truck driver, and the truck's registration number taken immediately after the incident.

I appreciate your attention to this matter and look forward to OzBargain community's professional advice on how to proceed with my potential claim.

Kind regards,

Automotive

Comments

    • jv on 09/02/2024 - 13:46
      +4

      We should, as a society, drive as a collective allowing the traffic to flow

      It would be better if we just followed the road rules…

    • askbargain on 09/02/2024 - 13:55
      +2

      Because attempting to cut in front of a truck is helping traffic flow.

      Or how about the truck in the right lane on a freeway?

      • cainen on 09/02/2024 - 14:23
        +2

        That's true. But according to the OP he was indicating for 100m in slow traffic. The truck could have backed off slightly and let him in. But that would require considerate driving which is wishful thinking in this country. Obviously stupid of the OP to turn into someone not giving way though.

        Also, the law about keeping left goes out the window when in stop start traffic.

        • Sammy2000 on 09/02/2024 - 15:00
          +2

          If he was driving at 15km/hr for 100m the truck driver may have thought he just had his indicator on and forgot about it.

          • hocus on 09/02/2024 - 15:58

            @Sammy2000: Tbh 100m isn't that long on a freeway. An ordinary merge lane is about 100m if you excluding the taper towards the end.

            OP clearly shouldn't have crossed the dotted lines without a safe gap, but I'd believe the truckie could have clearly seen OP entering from the on ramp. Sound's like OP was a smidge in front of the truck, but the truckie didn't want to let them in.

          • SlickMick on 10/02/2024 - 10:58

            @Sammy2000: And when he started drifting lanes needed a nudge back into his own lane

    • El cheepo on 09/02/2024 - 14:21
      +2

      truck driver's still an a hole.

      A little low height rigid truck, yep.
      They might not see the indicator but they would be able to see a car trying to edge in front of them.

      most prime movers + trailer combination trucks, nope.
      In high traffic, stop start driving you won’t see a car sitting along side you indicating or trying to edge in.

      • cainen on 09/02/2024 - 14:26
        +1

        True, in my mind I was picturing a little truck but now I look at the OP it doesn't actually specify.

    • netjock on 09/02/2024 - 17:01
      +1

      People would much rather drive at 80kph in a 60 zone and start / stop aggressively than smooth 50kph flow.

      Some people have no idea the time of day it is and think they are entitled because they are in a hurry but left the house 15 mins later than they should.

      • ammark19xx on 12/02/2024 - 12:30

        and vice versa. People in my suburb would much rather drive at 60kph on the passing lane on an 80kph zone, and then speed up aggressively to run a red/amber light because they were too slow to catch the green.

        Some people have no idea the time of day it is and think they are entitled to the whole road because they have no consideration for other traffic behind/ beside them.

        • netjock on 12/02/2024 - 14:33

          Not vice versa. You are talking about a whole different topic.

          Economical driving is when you have a constant speed and flow (not start stop because it is bad fuel economy for everyone). In the long run you'd save more fuel, brakes and tires if you drive at 50kph constantly (in say a 60kph zone) when in heavy traffic.

          Your line of thought is totally different.

    • Ghost47 on 09/02/2024 - 17:24
      +5

      The amount of bad drivers on our roads has increased immensely in the past five years. It really wasn't this bad five, six, seven years ago. People have become a lot more selfish and a lot more impatient over such a short span of time. And it's not surprising. Get a 1m x 1m cage and put 10 rats into it. Then dump in 200 rats and see how they behave.

      • netjock on 12/02/2024 - 14:34

        Generally agree.

        A lot of people still think they live in a1980s Australia where you can roll a wrecking ball down the street and not hit anything at midday.

        Usually the nutters on the road are what I describe as those who consistently should leave home 15 minutes earlier than they do because obviously they think everyone should move out of the way for them.

    • Dollar General on 09/02/2024 - 14:58
      +13

      No need to. You got your answer

      • Bargainitis on 09/02/2024 - 15:26
        +15

        lol!!

        at OP, you're at fault mate. No need to give us "follow ups"

  • Wiadro on 09/02/2024 - 14:31
    +6

    learn the law

  • mapax on 09/02/2024 - 14:56
    +3

    OP, you should totally contact the trucking company and give them all of your details… So that they can claim insurance against you for crashing into their truck…

    Seriously though, do you have dashcam footage?

  • coffeeinmyveins on 09/02/2024 - 15:07
    +6

    Despite my indication

    you need to look up the word indication and what it means.

    the truck driver did not allow me to merge and subsequently collided

    "I merged in a dangerous manner into another lane and caused an accident"

    Fixed that one for ya.

    Driver's Reaction: claimed that the fault was mine

    Yep.

    I love it. so many people think flicking on your indicator means "ima do whatever I want and you need to make way for me"

    It's literally called an INDICATOR

    I appreciate your attention to this matter and look forward to OzBargain community's professional advice on how to proceed with my potential claim.

    This makes me think this is a troll post because no-one is (a) dumb enough to cause an accident in this manner and then (b) assume a bargain forum can offer professional legal advice. At least I hope it's a troll post.

    • capslock on 09/02/2024 - 15:33
      +8

      I hate drivers that don't want to queue up and instead drive up to the end of the line and cut off everyone else that has been patiently waiting in line for ages.

      • Sammy2000 on 09/02/2024 - 16:00

        The cause of the slow traffic usually.

      • superuser on 10/02/2024 - 07:22
        1. They are new in the area and doesn't know the road.
        2. They are impatient and don't give a shiet.
        • Randolph Duke on 11/02/2024 - 10:52

          Lock in 2 95% of the time. Selfish pricks.

      • SlickMick on 10/02/2024 - 11:03
        +2

        So one lane should be left vacant?
        It is absolutely correct to merge at the end of the lane.

        @sammy2000 It is NOT utilising both lanes and merging at end that slows traffic. It's all those thinking like this "oh this lane is going to end I need to get out of it now" that abandons a perfectly good lane and grinds the next lane to a halt.

        @superuser 3. They know how to merge

    • SlickMick on 10/02/2024 - 11:06
      -5

      I'm really curious what you think indicate means.

      To me, it is informing other driver's of my intention. If I put my indicator on, I'm warning you to take precautions because my intention is to come over. If you're behind me and can see my indicator, I'll be tucking in on the car in front of you, so back off.

      • coffeeinmyveins on 10/02/2024 - 15:39
        +7

        I'm warning you to take precautions because my intention is to come over

        You've proven my point exactly

        You can't just throw on your indicator and Yolo into the next lane.

      • McFly on 11/02/2024 - 12:41

        If I put my indicator on, I'm warning you to take precautions…

        What suburb do you live in? Next time I come up to Brisbane I'll definitely be taking precautions!

  • apple2016 on 09/02/2024 - 16:07

    Driver's Reaction: The truck driver refused to provide his details and claimed that the fault was mine for attempting to merge into his lane.

    Not the truck's fault. you need to give way to all traffic on the highway. Although it was inconsiderate by the truck driver to not give way.

  • bloom on 09/02/2024 - 16:09
    +6

    Please confirm you have no insurance

  • mreddie on 09/02/2024 - 16:21

    You're at fault.

  • ozbaragan on 09/02/2024 - 17:10
    +3

    OP at fault but truck driver also broke the law by not providing id after accident.

  • Yummy on 09/02/2024 - 17:23

    Never f@## a truck/bus. Always give em way first.

  • AndyC1 on 09/02/2024 - 17:31
    +3

    OP was at fault as the person merging has to ensure that it is safe to merge.

    Call the police and make a formal complain about the truck driver that he refused to swap details as this is illegal not to swap details after an accident.

  • McFly on 09/02/2024 - 18:29
    +2

    Please supply co-ordinates of the accident so we can make a mental note not to go there ever again in case you are there provide further help.

  • brendanm on 09/02/2024 - 18:49
    +5

    Hahaha

    Hand in your licence, putting your indicator on does not mean other vehicles have to give way to you if you are simply changing lanes.

    • AndyC1 on 09/02/2024 - 19:04

      What not in some 4th world country with can see a blinker that is get the FOO BAR out of my way?

  • nandystam on 09/02/2024 - 19:03
    +2

    Indicating is not an entitlement to change lanes/merge, it is simply an intention to, when it is safe to do so.

    • Ghost47 on 09/02/2024 - 20:48
      +1

      Assuming your location is correct it actually depends on the lane markings (see the video I linked in my comment above).

      Although the first type of lane marking is less common in the areas I drive in.

      • nandystam on 09/02/2024 - 21:23

        The old zip merge. To be honest I'd say the clear majority don't acknolwedge that one, even if it's the law.

        • Ghost47 on 09/02/2024 - 21:32

          It's getting like that more and more as the years go by sadly.

  • JimmyF on 09/02/2024 - 19:10
    +1

    I believe the circumstances surrounding the incident may entitle me to make a claim against the other party involved, a truck driver

    Cool, then lodge a claim with your insurance company and provide them all the details. They'll work it out for you.

    • ihfree on 09/02/2024 - 20:30

      The truck driver refused to provide his details

      They will need the truck drivers details if they want to avoid the excess.

      • JimmyF on 09/02/2024 - 20:34

        They will need the truck drivers details if they want to avoid the excess.

        Give the insurance company the police report # along with the details. They'll get the drivers details from that.

        But I think you missed the point of my comment…. Does the OP even have insurance to start with?

  • Tee Rex Arms on 09/02/2024 - 20:04

    Were you going to show the truck driver your foreign or state issued driver licence?

  • Marcsie on 09/02/2024 - 22:51
    +1

    Wait…Do you have insurance ?

  • donny donny on 09/02/2024 - 22:55
    +4

    OP

    if the accident took place on this zip merge, you are in the right as you are ahead
    https://www.google.com/maps/@-37.9330671,145.189087,3a,75y,3…

    if the accident took place on this normal merge, you are on the second best as your indicator doesnt warrant any right of way. doesnt matter if you had the indicator on for 100 meters or 1000 meters.
    https://www.google.com/maps/@-37.9321541,145.1880703,3a,75y,…

    • deme on 11/02/2024 - 11:01

      There is no such thing as right of way. So I would take the rest of your comment with a grain of salt.

      • donny donny on 11/02/2024 - 22:29

        Welcome to public forum. Everyone must always take other's comment with a grain of salt, not as a gospel 👍

  • Thundaja on 09/02/2024 - 23:17

    100% you put your post though ChatGPT or had it generate it for you.

  • miwahni on 09/02/2024 - 23:26

    Is it just me or are the trolls getting trollier?

  • angywoo on 09/02/2024 - 23:42
    +1

    You are at fault.

    It was not safe to change lanes hence the collision.

    Even though you indicated your intention, you did not take into account the flow of traffic in the lane you were merging into.

  • SimpleSimom on 10/02/2024 - 00:26
    +3

    Hi OP, I had nearly the exact same thing happen to me. I live in a regional area and when we indicate, most people just give way as I do when I see others indicate to overtake me. When I visit Melbourne , most cars seem to speed up when I indicate.
    Anyway, on one occasion in Essendon, I ended up in the wrong lane in start-stop traffic so I indicated for ages while doing a very slow start stop merge to the right lane which had a right-turn about 50m ahead. I knew I was in the wrong but I thought that the car on my right would allow me to enter given that traffic was going so slowly. Well I was wrong. As moved to the right lane, I stopped with the right side of my car 1/5th in and stopped as the car ahead of me stopped. The UTE on my right side and behind me (with 3 tradies!) used their bullbar to intentionally swipe the side of my car and scratch the rear panel and then knock off my front rear vision mirror. His front passenger then took out his camera and berated me for trying to cut in. I called him out for being (profanity). I completed the merge after he forced his car forward and got out and asked him to stop ahead to exchange details. He said ok but then did a U-turn and essentially drove away. I went to the nearest police station to report the accident and apparently he had also done the same before me. I rang up my insurance and they told me it was likely my fault as I was merging. I ended up providing a detailed account of the situation and luckily my wife started recording on her phone the moment the car came up beside me and slowly moved forward to damage my car. I guess the insurance took my side cos they ended up giving me back my excess . I'm guessing , even though I did the wrong thing, he was at fault as it was super slow and he could have avoided the accident but decided to go ahead and damage my vehicle to prove a point. So my advice is give as much detail and hopefully some footage if you have any! Good luck

    • MorriJ on 10/02/2024 - 14:25
      +1

      Man it sucks the rest of us have to pay higher premiums because you can't drive. I wish insurance companies did the right thing and punished drivers who intentionally do things that they know is dangerous.

      • McFly on 11/02/2024 - 12:44
        +2

        Yes, but the ute driver committed a criminal act.

      • SimpleSimom on 12/02/2024 - 18:57

        My merge was not dangerous at all. It's just that some drivers think that it's their god given right not to give way. Is speeding up the right thing to do when someone indicates to change lanes? Yes, they have right of way but that does not mean it's safe or the "right" think to do. We should all be kinder and there would be a lot less accidents and I think premiums would actually go down.

        • MorriJ on 13/02/2024 - 01:59

          Safely merge and stop causing accidents SimpleSimom and our premiums will go down.

          In your words:

          "I knew I was in the wrong but I thought that the car on my right would allow me to enter given that traffic was going so slowly"

          Don't cross those white broken lines unless it is safe to do so.

  • Davo1111 on 10/02/2024 - 00:54

    You are guilty

    /Thread

  • nobro25 on 10/02/2024 - 01:08
    +1

    https://youtube.com/watch?v=LLuaPZWkvZ0&si=DvR3lbEmDEhkq8zj

    In a nutshell minus the turn indicator.

  • Freitag on 10/02/2024 - 06:05
    +2

    In the future, if someone isn’t letting you merge, just slow down so they can pass you and try again behind them, the next person may give you space.

    Don’t collide with another car already in that lane, they have right of way not you.

    Out of interest, did you do your learners license test in Australia? It’s very clear about this.

    • Yotta00 on 10/02/2024 - 07:56

      Out of interest, did you do your learners license test in Australia? It’s very clear about this.

      In Asia I seen them do this, when the traffic is heavy (like all the time) they beep to merge and not worry behind them.

  • Myone888 on 10/02/2024 - 09:56
    +1

    That’s the trouble, does not mean you signal and immediately cut right to next lane. You shud only do when it’s safe to change lane. Fault is yours.

  • Homr on 10/02/2024 - 11:31
    +1

    | I appreciate your attention to this matter

    lol what? entitled much?

  • bargaino on 10/02/2024 - 11:51

    https://classic.austlii.edu.au/au/legis/vic/consol_act/rsa19…

    1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle

    (c) must at the scene of the accident as soon as possible give his or her name and address

  • doctordv8 on 10/02/2024 - 11:54
    -1

    As or if Road Rules were broken, it is a Car Crash. Not an accident.

    Learn and follow ALL Road Rules, all the time. It is very simple really.

    • bargaino on 10/02/2024 - 12:02
      -1

      Ah yes, the "abstinence" argument. How to cure all the worlds drug and pregnancy problems. Simple, but not in a good way.

      • doctordv8 on 10/02/2024 - 12:06

        What?

        • bargaino on 10/02/2024 - 12:15
          -1

          It is a common naive answer to complex problems. No doubt you have the solution to Palestine, something like "everybody should just stop fighting and be nice. Simple. "

          Sometime a "simple" answer is not useful.

          • doctordv8 on 10/02/2024 - 13:03

            @bargaino: Yet often it is, and especially yes in this thread.
            Prove to me that following all Road Rules is too complex for you, for us all and why?

            If the merge in the OP's thread we performed correctly, like all the drivers before and after them on that piece of road, and did not have a crash, therefore the simple basic applies - follow the Rules, we all go home at night after driving.

            We all understand it doesn't always happen, hence this crash, and, the Road Toll of the Dead and Injured.
            We are not in a simple only world, but many aspects are. Driving is not difficult…unless you need to guess what every other driver is going to do.

            Question….do you follow all the Road Rules…? Simple, isn't it - either you do, or you don't. I sure as hell try to… and never had a scratch when merging.

            If you want to rant on about drugs, pregnancy and world warring issues, go for it, but not on a Car Crash thread and the advise to follow Road Rules. Your connections are themselves simple and merely an excuse to argue and waste time.

  • bargaino on 10/02/2024 - 12:01

    How is merging supposed to work on Melbourne freeways?
    I see people saying that entering traffic needs to give way, stopping if needed.
    But I was taught that when entering a freeway, you need to match speed with the existing traffic while on the entry ramp, then merge.
    Clearly this does not work if cars in the left lane refuse to let traffic merge from a ramp, when that ramp tapers off (as in Melbourne) rather than a zipper.
    Is freeway traffic not required to make room? Otherwise you end up with cars stopped on the ramp, which is really dumb on a freeway.

    • PleasureMe on 10/02/2024 - 22:00

      When entering the freeway, the car who is further ahead is the one who has right of way. It doesn't matter if you're entering or already on.

      However, this is not the scenario that the Op is describing, he was already on the freeway and was just changing lanes to the right lane. So in the Op's scenario, the Op was supposed to wait until it was safe before merging. He didn't, so he is at fault. Entering a freeway is a very different scenario to changing lanes on a freeway. When you are entering, it's in everyone's best interest that you get onto the freeway as quick and as safe as possible, otherwise you could be stuck in the merging lane and a build up of cars would be behind you which would be a disaster. Once you're already on, there is no issue if it takes you ages to merge.

  • plowry1977 on 10/02/2024 - 12:18

    Any photos?
    If they hit your right side, then my assumption is that you pulled into their lane.
    If they hit you more from behind then more chance was their fault

    • CanadaAye on 11/02/2024 - 06:56

      Insurance would still find that it was in the act of merging and therefore OP would be found to be at fault. It doesn't even matter of the truck could have easily avoided the accident.

      • Eeples on 11/02/2024 - 14:34

        Surely it matters if the truck could have easily avoided the accident.

        • CanadaAye on 12/02/2024 - 01:15

          Nope, if you're in the act of merging and they collide with you you will be found at fault.

          • Eeples on 12/02/2024 - 20:08
            +1

            @CanadaAye: Sure, but if the truck driver noticed them merge and as you say could easily avoided the accident (eg. By braking a bit) and he chose not to brake…. Then surely he has some liability.

  • dzpliu on 10/02/2024 - 14:17

    I think you are at fault for this. Although the truck was being an *** for not giving way to you, he is not required to give way to you.

  • dkwon10 on 10/02/2024 - 15:17

    you are at fault for changing lanes without a shoulder check, unless your lane is ending/merging otherwise you are 100% at fault

  • j0hnd0e on 10/02/2024 - 15:48
    +1

    Please return your license.

  • 2esc on 10/02/2024 - 17:31

    Your photos show the other party not how the accident occured.

  • mrvaluepack on 10/02/2024 - 21:45

    You might have a chance, apparently you must always give way, see this post:

    https://www.ozbargain.com.au/node/830546

  • PleasureMe on 10/02/2024 - 21:54

    It's scary that you think you are entitled to make a claim against the truck driver. HE is the one who can make a claim against you for your negligent driving. You don't have a leg to stand on, you are 100% in the wrong. My advice, sell your car, stop driving and start taking the train. We don't need people like you who cause accidents on our roads.

  • CanadaAye on 11/02/2024 - 06:54

    You've got no chance. It's possible the truck driver couldn't see you if you were close enough to him in such slow moving traffic and even if he could and he collided with you whilst you were merging into his lane insurance would still find you at fault.

    It's a bit crap but that's the reality of it. You're probably lucky that details weren't exchanged.

  • Miss B on 11/02/2024 - 10:07

    How far in front of the truck were you when you started indicating?

    I'd be very surprised if you were far enough ahead of the truck driver when you started indicating that they could see you indicating in front of them and they didn't let you in, unless you'd just flown up beside them on the left to get in front of them right before that. People do stupid or annoying things to avoid being behind trucks.

    If the front of the truck was in front of the front of your car when you started thinking about merging you definitely should have gone in behind the truck.

    It's difficult to assess without being there, but if you had to cross a broken line to get in the truck's lane, if the truck was in front of you at any point when you were indicating or if you sped up to get in front of the truck just before that you're at fault for sure. I suspect at least one of these was true.

  • iporter on 11/02/2024 - 12:47

    If he rammed you at the rear section he may be seen to be at fault, especially since speed was only 15km/h. Do you have witness(es)? He should have given you his contact details given there was damage to at least one vehicle.

    • McFly on 11/02/2024 - 12:49

      Did you read OP fully?

  • Brick Tamland on 11/02/2024 - 13:05
    +2

    Not legal advice but I believe good advice for living a long healthy life:

    Trucks have right of way. Does it matter if you have right of way if you are underneath the truck. You might be right but you might also be dead.

  • Eeples on 11/02/2024 - 14:20

    What you do is indicate right (leave your blinker on) and then slow down (even it its stop start you can still go slower) staying in your lane…. Letting cars on your right ‘overtake’ you….

    Even if the gap in front of you gets heaps long… that’s fine….. even if some moron behind you beeps you… that’s fine too…

    Eventually one of the cars in the right lane will let you in…. Crane your neck (to the right) looking for when they do. Move to the right lane slowly and safely.

    Give them a wave in your rear vision mirror (or out the window) when you’re safely in the right lane.

    It is called driving.

    • Jono05 on 11/02/2024 - 22:58

      The wave is a great gesture. Hate it when people don’t give you a wave. It’s not that hard.

    • Yummy on 13/02/2024 - 10:07

      Give them a wave in your rear vision mirror (or out the window)

      Window waves $349 (NSW) fine applies.

  • Gorgeousmorgeous on 11/02/2024 - 14:58

    Short answer;

    You are at fault. You have no claim.

  • kaleidoscope on 11/02/2024 - 21:42
    +1

    I intended to merge into the right lane and indicate my intention to do so to the truck driver on my right for almost 100 mtrs. Despite my indication, the truck driver did not allow me to merge

    Indicating doesn’t give right of way. I understand some people can be absolute d*ckheads on the road and won’t give way but unfortunately since you’re the one merging into a different lane, you must make sure there is enough clearance to safely get into the lane. Truckie might be at fault for not providing their details, but regardless you will have to bear the cost for excess as you’re at fault for the cause of the accident.

    Good luck and safe travels!

  • transplanted on 11/02/2024 - 23:31

    OP, you're always going to lose vs. a truck, esp. if you're driving one of those small cars, it's scary to think you'll be ran over by one of these giant death dealers. Just be patient next when merging, and speed up when you're already ahead and have gauged the speed of the other vehicle behind you, otherwise just wait for someone to allow you, most drivers are forgiving and considerate, around 51%.

    • ReaperX22 on 12/02/2024 - 10:02
      +1

      I have 2 rules when driving.

      1. Be predictable
      2. Don't fight with trucks or buses.

      Even if they're in the wrong, you lose. End story.

Login or Join to leave a comment
Login Join