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QLD Seek Leave to Appeal Decision on Motor Vehicle Accident?

Discussion in 'Traffic Law Forum' started by pat, 16 October 2014.

  1. pat

    pat Well-Known Member

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    Hi. In July this year, I lost a trial over a motor vehicle accident ( car accident). I was deemed to be 100 percent at fault and ordered to pay $30,000. A crucial observation by the judge was that I had crossed continuous double white lines to perform a U-turn and therefore performed an illegal U-turn. She based her observation on an arial Google map supplied by the opposition showing the road. It was quite blurry and she incorrectly concluded that the lines were not broken.

    I had provided my pro bono barrister a much better photo showing clearly that there were multiple broken double white lines.in fact my barrister had that photo in her folder. It seems she had not done her homework and failed to bring it to the judges attention even after I whispered in her ear that the lines were broken. I wish to appeal the decision and I understand I need to seek leave to appeal.

    Can anyone please tell me what steps I need to take under Traffic Law as it seems quite complicated. I have little money.

    Yesterday, a man came to the door at my old address and I am assuming he was there to issue a summons to enforce payment . I would like to seek leave to appeal before he finds me. What steps do I take?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Let me get this straight.

    You were deemed to have made an illegal u-turn because the judge used a Google maps image to determine that the lines were, in fact, unbroken double lines.

    You're reason for appealing is that you have new evidence to show that the lines were broken, but still double, white lines.

    Is that correct?

    Double white lines in Queensland cannot be crossed unless you must do so to avoid an obstruction. Double white lines are only broken by necessary turning points into driveways, but those driveways cannot be used for u-turns if the lines either side of the turning point are double lines.

    Basically, if you did a u-turn in your car and the lines closest to your car at that time were double white lines, not broken single lines, your u-turn was illegal.

    So, did you turn into a driveway through the break in the double white lines and then make a u-turn? Or did you see that the double white lines had breaks to allow for turns into driveways, and thus assumed they worked the same as single broken lines which can be crossed?

    On top that, a u-turn can only take place when it is safe to do so. If you hit someone, would the court agree it was safe for you to make a u-turn at that time?

    Of course, I don't know the facts, but as a matter of interest, a misunderstanding of Queensland road rules will not exclude you from liability if you have an accident.

    Additionally, a notice of appeal can generally only be lodged within a month of a decision being made, so if orders were made in July, you are outside of the month time restriction.

    I would advise contacting the court registry in which your trial was heard and seeking further information about your options. Otherwise, get legal advice.
     
  3. pat

    pat Well-Known Member

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    Thank you for your response.I was parked on the left about 20 meters past a drive way into the complex car park.I asked a tenant where to park.she told me to make a u turn and go into the complex car park.
     

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