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QLD Car Accident - Pushbike vs Reversing Car on Footpath

Discussion in 'Insurance Law Forum' started by JamieHayes, 13 May 2015.

  1. JamieHayes

    JamieHayes Member

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    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?

    Thanks.
     
  2. Ponala

    Ponala Well-Known Member

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    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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  3. Ivy

    Ivy Well-Known Member

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    I agree with Ponala. I am a cyclist myself and cars must give way when crossing footpaths.
     
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  4. Rod

    Rod Well-Known Member

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    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).
     
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