LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Car Accident - U-Turn Without Stopping - Who was at Fault?

Discussion in 'Traffic Law Forum' started by fairmont, 26 February 2015.

  1. fairmont

    fairmont Member

    Joined:
    26 February 2015
    Messages:
    3
    Likes Received:
    0
    I was following a car which swerved left following the kerb for about 80m then without stopping did a U-turn in front of me. I cannot prove that he never used indicators. When he pulled out in front of me I hit the side of car and had a car accident. It was over a broken centre line and there wasn't a fog line.

    The TORUMS says that you must:
    -have a clear view of approaching traffic. (not relevant in this case)
    -do so without obstructing the free movement of traffic.
    -give way to all vehicles and pedestrians.

    Who was at fault (in the wrong)? I cannot get a clear answer either way.
     
  2. Amanda E

    Amanda E Well-Known Member

    Joined:
    9 April 2014
    Messages:
    154
    Likes Received:
    20
    If you were following, you should have allowed enough space so that you could break and avoid the accident. However, if the other driver also didn't obey the road rules, then it could be argued that they contributed. So both of you might be partially at fault. This is something that your and their car insurance company would investigate and consider.
     
  3. fairmont

    fairmont Member

    Joined:
    26 February 2015
    Messages:
    3
    Likes Received:
    0
    Thank you Amanda E, There were no witnesses or camera so the real events are not relevant. Can you tell me where I will find this ruling as It is not under u-turns in the torums?
     
  4. Amanda E

    Amanda E Well-Known Member

    Joined:
    9 April 2014
    Messages:
    154
    Likes Received:
    20
  5. fairmont

    fairmont Member

    Joined:
    26 February 2015
    Messages:
    3
    Likes Received:
    0
    Thanks for your input. The ctp accepted full responsibility and I probably will not push the property damage as it is not much $.
     

Share This Page

Loading...