QLD Car Accident - Pushbike vs Reversing Car on Footpath

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13 May 2015
I was riding my push bike along a footpath and out of no where a car reversed out and it was to late for me to avoid the car and I hit the bar that you step on to get into hilux and now he is making me liable for $2000 worth of damage. I'm not sure who is at fault for the car accident as I have damage to my bike. His car insurance agency is saying that I'm fully liable and as I don't have insurance I'm not sure of my standing on this point.

Can someone give me help in whether I should get some legal help as I dont know the rules?



Well-Known Member
10 February 2015
Transport Operations (Road Use Management—Road Rules) Regulation 2009 Part 7 Giving way Current as at 1 February 2015 Page 85 Division 3 Entering or leaving road-related areas and adjacent land 74 Giving way when entering a road from a road-related area or adjacent land (1) A driver entering a road from a road-related area, or adjacent land, without traffic lights or a stop sign, stop line, give way sign or give way line must give way to all of the following— (a) a vehicle travelling on the road or turning into the road, except a vehicle turning right into the road from a road-related area or adjacent land; (b) a pedestrian on the road; (c) a vehicle or a pedestrian on a road-related area that the driver crosses to enter the road; (d) for a driver entering the road from a road-related area— (i) a pedestrian on the road-related area; and (ii) another vehicle ahead of the driver’s vehicle or approaching from the left or right. Maximum penalty—20 penalty units. (2) In this section— road does not include a road-related area.

13 What is a road-related area (1) A road-related area is any of the following— (a) an area that divides a road; (b) a footpath or nature strip adjacent to a road; (c) an area that is not a road and that is open to the public and designated for use by cyclists or animals; (d) an area that is not a road and that is open to, or used by, the public for parking vehicles.

5 What is a vehicle A vehicle includes— (a) a motor vehicle, trailer and tram; and (b) a bicycle; and (c) an animal-drawn vehicle, and an animal that is being ridden or drawing a vehicle; and (d) a combination; and (e) a motorised wheelchair that can travel at over 10km/h (on level ground); but does not include another kind of wheelchair, a train, a wheeled recreational device, a wheeled toy or a personal mobility device.

250 Riding on a footpath or shared path (1) Subject to subsection (1A), the rider of a bicycle riding on a footpath or shared path must— (a) keep to the left of the footpath or shared path unless it is impracticable to do so; and (b) give way to any pedestrian on the footpath or shared path. Maximum penalty—20 penalty units. (1A) Subsection (1) does not apply to a person riding a bicycle on a footpath if a local law otherwise provides.

As you can see from above if the car was reversing out of a driveway or similar they are required to give way to you. In my opinion on your description the Hilux is at fault.
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Well-Known Member
10 February 2015
I agree with Ponala. I am a cyclist myself and cars must give way when crossing footpaths.


LawConnect (LawTap) Verified
27 May 2014
If the local council says biking riding is not permitted on residential footpaths then the cyclist is at fault.

Also, if a car is stopped on the footpath while giving way to road traffic it doesn't give a cyclist a right to drive into the side of the car and not accept some measure of responsibility. A cyclist needs to be travelling at safe speed while riding on footpaths (if legal).