VIC Intersection Rearend Liability

Discussion in 'Traffic Law Forum' started by Troffy, 18 August 2019.

  1. Troffy

    Troffy Member

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    A question for the lawyers,

    My other half recently had an accident where she was approaching an intersection on a highway with traffic lights and red light/speed camera, the light changed to amber and she has braked accordingly to stop at the thick white stop line on the road where upon she has hit the back of the vehicle in front of her which stopped approximately with its back wheels on the stop line.

    She has had a licence for 30 years and first ever accident, from what I understand the guy she hit has had his full licence for 2 months.

    I understand that rear ending someone is nearly always the fault of the driver behind for obvious reasons, however in this situation is it not arguable that by having 3 quarters of his vehicle beyond the stop line he had effectively entered the intersection, which you should only do if you can clear the intersection? and that by doing so she reasonably presumed from his actions that he would have to complete crossing the intersection and drove accordingly? according to her, after the accident occurred cars in other lanes still made the intersection crossing without triggering the red light camera.

    I have spoken to a young bloke at the local police station and he said good question and went back of house to ask someone higher up the ranks, then came back and told me to call a different police station where the highway patrol unit was located, which I did. The Highway Patrol bloke said if she rear ended someone its her fault and to try and get the guy she hit to accept partial responsibility, but also agreed that the driver in front should only enter the intersection when he can cross or turn and that by having 3 quarters of his car across the stop line he should have taken the driver behind him into account before stopping where he did.

    Other driver not insured, found out that my 3PP insurance which I had purchased online had just lapsed without getting a renewal notice or email notification that it was up for renewal, which is a different issue I need to deal with but not the one I am asking about here.

    Police where not called to the scene, We have photos which show that she stopped at the stop line and that to end up where he did he had to have been approximately stopped with his back wheels on the stop line, also show the cars in relation to each other once the accident occurred.

    My question is basically is this worth taking to court or will it just be an expensive way to find out that she is liable and his actions have no bearing on the case and that stop lines are just there to look pretty?

    can provide more details or clarify as necessary.

    Cheers,

    T
     
  2. Troffy

    Troffy Member

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    Just to clarify, the driver in front admits he stopped for the 'red' light in the position he was in at the time of the accident, and could have easily made the intersection crossing safely instead of stopping where he did.
     
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