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VIC Car Accident with Cyclist

Discussion in 'Traffic Law Forum' started by LS315, 31 March 2015.

  1. LS315

    LS315 Active Member

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    Hi I was involve in a car accident where as I was turning into a street a cyclist ran straight into the side back (petrol cap rear wheel). police said i was at fault for not giving way. But my car was 3/4 into the street the cyclist came at me at a high speed. There was another cyclist on the street with a go pro camera attached to his helmet said the cyclist flew straight past him about 100m before the collision and ran into my car. i'm just wondering what are my liabilities?
     
  2. Rod

    Rod Well-Known Member

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    Hard to answer. Much depends on how far back you passed the cyclist.

    Either he tried to overtake on your left and failed, or you cut him off. It may help if you have the vision from the other cyclist.
     
  3. LS315

    LS315 Active Member

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    According to the other cyclist (go pro) he(injured cyclist) flew past him at a traffic light before the collision (139m according to google map) the road was 40km/h. therefore if the video footage show that from the traffic light to the point of collision is less than 10s he's already exceeded the speed limit on the road. The cyclist with the go pro gave me his contact details but had not been replying my msg or answering my phone call after the incident. Is there anything I can do?he's the only one with the video footage. (all other witnesses on the street claims that they saw the cyclist ran into me at a high speed but police insist it was completely my fault for not giving way)
     
  4. Rod

    Rod Well-Known Member

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    You probably won't change what the police intend to do but may be talk to a senior sergeant and explain your case again. You need to gather as much evidence as you can from witnesses and keep trying to contact the other cyclist.

    You mention video showing <10 secs from intersection to accident. Do you have this video (car cam?) or is the missing video from the other cyclist? If the time is just an estimate then it may not be accurate.

    Also see if you can find out why the police believe it is your fault. Maybe they have information you are not aware of. Are the police intending to charge you with any driving offence? It can sometimes take a while while they chase up witnesses, get statements, harass other motorists over minor offences, go on leave etc
     
  5. LS315

    LS315 Active Member

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    Ok I will try to chase up the video and talk to a senior sergeant again. I really had no idea why the police believe it is my fault and they wouldn't even look at the video before saying it is entirely my fault.
    One of the police officer even said to me "so you were basically almost into the street at the time of the collision" then the other one just said yep i'm at fault.
     
  6. LS315

    LS315 Active Member

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    The go pro cyclist said the camera is with the police. Yesterday after the incident the police officer said i will be issue a fail to giveway fine and the matter ends there. So what will happen now?
     
  7. Rod

    Rod Well-Known Member

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    The police will either fine you or take you to court. If they fine you you can still elect to have the matter heard in court. Going to court allows you to view the evidence they have against you.

    If going to court you will need to get your own witness statements (probably as affidavits), and maybe see if they can attend court. You also should view the camera footage. It may come in the brief of evidence the police will forward to you. If if doesn't come, request it. Demand it if necessary.

    While you remember, write up every single detail you remember leading up to the accident, where it was (diagrams are good) the accident itself, after the accident, and who said what to whom, speed you were going, estimated speed of cyclist, etc. Even record time of day and weather conditions. Show the court you KNOW what happened and that your recollection is the correct version of events.

    If communicating with the third-party cyclist, try to get as much as possible in writing (email/txt) as well as a statement.
     
  8. LS315

    LS315 Active Member

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    I had just received a fine from the police for "failing to give way"
    should i have this matter heard in court? I had approached the police for a copy of the footage yet but they have not replied me in any ways.
     
  9. Rod

    Rod Well-Known Member

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    Unlikely they will reply unless you go to court. Not sure if they have to provide evidence if they are only fining you, maybe someone with more knowledge can help you on that part of your query.

    Only you can answer whether or not this matter should be heard in court.

    Depends on time and effort and cost of objecting on a principle versus taking the easy path and paying the fine and getting on with life.

    Other factors like existing number of points on your license also come into play.
     
  10. LS315

    LS315 Active Member

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    I am aware that the legal cost and effort of taking the matter to court would be much more significant than just paying the fine. However I am worry that by paying that fine is admitting I'm fully responsible for accident and that the injured cyclist will sue me for damages. I have not lost any points in my 8 years of driving therefore losing points is not a major issue for me.
     

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