NSW Car Accident - Contributory Negligence Case?

Discussion in 'Traffic Law Forum' started by Vince22, 20 April 2017.

  1. Vince22

    Vince22 Active Member

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    My wife was in a car accident recently. She was turning right, (no lights, give way or other signs) into a busy, double lane road. She checked for oncoming traffic in both directions for at least 3 minutes, as she is a careful driver. The oncoming traffic on her right side had 2 cars, both indicating from their left lane, and turning left into the road she was on.

    Since she checked both ways are clear, and knowing those 2 cars were turning left, she started to turn right. Out of nowhere, a car on her right hit her. We suspect the car must have been initially behind the 2 cars turning left, but pulled out into the right lane, and wasn't paying attention to my wife's car.

    I know by the strict letter of law, people may say my wife is still at fault. However, I feel there is a case for at least partial fault by the other driver, for not paying attention and quickly accelerating into the right lane.

    I'm interested in your opinion on the possibility of what is legally called ' contributory negligence'. We don't have 3rd party insurance, so I know the insurance company will come after us hard.

    My teenage daughter was in the car and can confirm that my wife had been at the intersection for at least 3 minutes, watching traffic in both directions. Therefore there is a witness.

    Really appreciate any help from people who have been in similar situations....thank you.
     
  2. Rod

    Rod Well-Known Member
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    Correct me if I'm wrong, but when your wife entered onto the road she was turning left into it sounds like she crossed the left lane and entered into the right lane of the road and didn't keep left. This would put her 100% at fault unless the other car was speeding. And you have the onus of proof if you make a claim the other car was speeding.
     
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  3. Vince22

    Vince22 Active Member

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    Thanks for your reply. She was turning right, onto a busy 2 way road, from a side road. I think she is probably at fault, even if the other driver who was on main road, pulled out suddenly from behind the 2 other other cars to go straight, and did not take due care in doing so.
     
  4. Rod

    Rod Well-Known Member
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    OK, turning right, got it this time.

    Unfortunately it sounds like she is totally in the wrong. The only way the other car would be at fault is if they did something illegal as well like speeding, using a mobile phone, bald tyres and this contributed to the accident.
     
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  5. Dr Sahil Anvar Vohra

    Dr Sahil Anvar Vohra Active Member

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    Hi Vince wonder. What was the outcome in your case. I have been in similar situation yesterday.
     
  6. Dr Sahil Anvar Vohra

    Dr Sahil Anvar Vohra Active Member

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    Hi Vince wonder. What was the outcome in your case. I have been in similar situation yesterday.
     
  7. Dr Sahil Anvar Vohra

    Dr Sahil Anvar Vohra Active Member

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    Hi Vince wonder. What was the outcome in your case. I have been in similar situation yesterday.
     
  8. Clancy

    Clancy Well-Known Member

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    Wherever you want to turn on to a multi laned road, you always have the possibility of a sudden lane change happening, resulting in an accident. it is the fault of the lane changer for not following correct lane changing procedure. You cannot just instantly change lanes whenever you feel like it, you have to indicate and you have to GIVE WAY to vehicles in the lane you want to change too, even if the other vehicle has a give way or stop sign against them. As the lane changer, it is your responsibility to make sure the other lane is safe and clear before changing lanes.

    Having said that, proving it is the problem! As the accident 'looks', you will be considered to be at fault. This is a good reason to have a dash cam.
     
  9. Dr Sahil Anvar Vohra

    Dr Sahil Anvar Vohra Active Member

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  10. Dr Sahil Anvar Vohra

    Dr Sahil Anvar Vohra Active Member

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    Hi Clancy,
    I have some proof of a video recording from a fuel station down the road to prove that person was not in gutter lane (the lane she hit me) and was rather in 2 lanes away from that. Wonder if you are a lawyer or can suggest me a lawyer who can help.
    If you have any personal email, I am happy to explain in detail.
    Regards
    Sahil
     
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