VIC Turning into Reversing Car - Who is at Fault?

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Frollo33

Member
24 December 2019
1
0
1
Hi,

In Vic, if on the main road, a car is parallel parking and reversing, and another car at a T intersection (Give Way signed) of this road turns right, crashing into the reversing car, who then is likely to be at fault under Traffic Law?

Since normally I believe the car turning right onto the main road must give way would be at fault...yet a car can only reverse when deemed safe...else it's almost always at fault if reversing.

I find this example confusing to determine fault, as the reverser can check their mirrors and it could be clear in their lane when they start to reverse, thus considered safe?

If whilst reversing, say 1m, then simultaneously a car turns into their lane (right turn from T side road onto main) and the turning car clips their front left side on the rear right corner of the reversing car, it is clear the turning car was not directly behind, but mid-turn and just barely made their way into the lane whilst it was reversing and impacts...

So, not sure it could be expected the reverser to be at fault for a car turning into them when the lane was clear to reverse in when beginning the short 1m reverse. Is that reversing still considered safe?

However, I could find no mention of instances of the above, combining the two actions of reversing into a car completing a right turn into their lane.

Who's fault would that be?

Thanks.
 

Scruff

Well-Known Member
25 July 2018
818
126
2,389
NSW
The turning vehicle is at fault - they are required to give way to all traffic on the main road, whether that traffic is travelling forwards, backward, or driving in circles.