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QLD Car Accident Fault - Turning Right at Intersection

Discussion in 'Insurance Law Forum' started by Karlbruce, 29 August 2014.

  1. Karlbruce

    Karlbruce Active Member

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    Hi all

    The following occurred in QLD: My friend was turning right at an intersection, the road has a road surface marking and he did indicate before he made the turn.

    However, he was hit in the back before he could completed the turn. The guy was going straight.

    He and the driver both exchanged the details and when he contact his car insurance company RACQ Insurance, they told him he is at fault for the car accident because he should have given way to anyone who is not turning.

    Do you agree or disagree with RACQ Insurance's opinion?
     
  2. Michael T

    Michael T Well-Known Member

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    Hi @Karlbruce
    The QLD Department of Transport and Main Roads publicises the QLD Road Rules. Have a look at the "Giving Way" page which also states:
    There are many situations other than just GIVE WAY signs where you have to give way. These include:
    • at STOP signs
    • turning across the path of an oncoming vehicle at an intersection
    • turning from a terminating road onto the ongoing road at a T-intersection.
    Also, Legal Aid QLD has a "Have you been in an accident?" guide that might be informative.
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Karlbruce,

    Was the car that hit your friend travelling from the opposite direction and your friend turned by cutting through its lane? If that is the case, then yes, your friend would bear some of the responsibility because he should have made sure the way was clear and safe for him to complete his turn.

    However, the other driver also has a duty to drive safely, not to speed etc. So they may bear some small amount of responsibility in this situation (for example, if the driver was speeding).
     
  4. Karlbruce

    Karlbruce Active Member

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    Thanks.

    The guy was traveling right behind my friend, not the opposite direction. I know he has to give way to oncoming traffic. But since the guy wasn't coming from opposite direction, does my friend have to give way to him?
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Karlbruce,

    In that case, it will likely be the other car at fault. However, this is not absolute since I only know limited information.

    In general, a car who hits another from behind will be at fault because they will likely have breached a number of duties:

    - Duty to keep a safe distance from the car in front
    - Duty to drive careful and stay alert and control a car in a competent manner
    - Duty to stop in time
    - Duty to be aware of indicators

    Even if your friend did not indicate, the car behind would bear most of the responsibility for the crash because they needed to have kept a safe distance from anything in front and stop in time in emergency situations such as the car in front suddenly braking or turning.

    Failing to indicate while turning means that your friend's failure would mitigate some of the other driver's responsibility. If your friend did indicate, then there is no reasonable excuse I can think of for why your friend would be at fault here.

    See "Rear ended in traffic indecent - Who is at fault for car accident" for more information.
     

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