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QLD Who is Liable for Accident at T-Interserction Under Traffic Law?

Discussion in 'Traffic Law Forum' started by oceanicjameson, 14 June 2016.

  1. oceanicjameson

    oceanicjameson Active Member

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    I was stopped at a backroad highway T intersection, of which had a stop sign, of course. It was a two way traffic, but only one lane p/way. There is a solid line (no dividing lines), signalling no overtaking allowed.

    It was 4pm and surprisingly busy. I waited for a good minute or two for a break in traffic. I was turning right and as such, had to wait for both ways to stop. The traffic on the left of me going the same direction I was intending to go (right) had vanished and as such I waited for the traffic on the right of me (going left of me) to stop.

    A car began to indicate left, into the street I was waiting at, and as such there was a break behind him furthermore, I noticed no-one in my vision coming and if there was, they would have to wait for him to turn in first, as they legally could not overtake. I make the turn, then out of nowhere, I notice that sneaking on the opposite side of this large 4wd is a small motorcyclist that had illegally crossed over the solid line, and tried to sneak past and not wait like the rest of us.

    As I try to avoid it as much as possible, but he crashes into the back right side panel of my vehicle, causing significant damage (totalling to over 5000 dollars, furthermore nearly a write off. His bike slides a few meters and he is, of course, flung off).

    Who is at fault here under Traffic Law? The police came, interviewed people, breath tested us, got statements, and deemed neither party at fault.

    I have been contacted by two insurers asking for statements, claims, video proof, etc. I haven't said anything back, though.

    I did a little reading up on legislation and found these to be of some use personally. Let me know what you guys think.

    The bolded lines are ones that made more sense to me, but there was things in all the legislation I took apart. (all relevant to QLD legislation)

    Transport Operations (Road Use Management—Road Rules) Regulation 2009 Part 11 Keeping left, overtaking and other driving rules

    134 Exceptions to keeping to the left of a dividing line

    (3) If the dividing line is a single continuous or broken dividing line, a broken dividing line to the left or right of a single continuous dividing line or 2 parallel broken dividing lines, the driver may drive to the right of the dividing line— (a) to enter or leave the road; or (b) to enter a part of the road of 1 kind from a part of the road of another kind (for example, moving to or from a service road or emergency stopping lane); or (c) to park in angle parking on the opposite side of the road.

    Example 3 shows and states; “Driving to the right of the centre of the road not permitted—overtaking on a road with a single continuous dividing line only”

    139 (Exceptions for Avoiding Obstructions On a Road) (3) For subsection (2), if the dividing line is a single continuous dividing line to the left of a broken dividing line, a single continuous dividing line only or 2 parallel continuous dividing lines, the hazard in driving to the right of the dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line.

    Division 3 Overtaking 140 No overtaking unless safe to do so A driver must not overtake a vehicle unless— (a) the driver has a clear view of any approaching traffic; and (b) the driver can safely overtake the vehicle. Maximum penalty—20 penalty units


    (2) The rider of a motorbike must not unlawfully lane filter along a length of road. Maximum penalty—20 penalty units. (3) For subsection (2), if 1 or more of the following circumstances apply while a rider is lane filtering along a length of road, the rider is taken to have unlawfully lane filtered along the length of road— (a) the rider does not hold an O type licence for the class of the motorbike; (b) the rider rides at a speed of more than 30km/h; (c) the rider rides in a school zone; (d) it is not safe to lane filter


    Driving to the right of the centre of the road not permitted—overtaking on a road with a single continuous dividing line only


    144 Keeping a safe distance when overtaking Subject to section 144A(1), a driver overtaking a vehicle— (a) must pass the vehicle at a sufficient distance to avoid a collision with the vehicle or obstructing the path of the vehicle; and [s 144A] Transport Operations (Road Use Management—Road Rules) Regulation 2009 Part 11 Keeping left, overtaking and other driving rules Page 154 Current as at 1 September 2015 (b) must not return to the marked lane or line of traffic where the vehicle is travelling until the driver is a sufficient distance past the vehicle to avoid a collision with the vehicle or obstructing the path of the vehicle. Maximum penalty—20 penalty units.


    Division 4 Driving in marked lanes or lines of traffic 146 Driving within a single marked lane or line of traffic (1) A driver on a multi-lane road must drive so the driver’s vehicle is completely in a marked lane, unless the driver is— (a) entering a part of the road of 1 kind from a part of the road of another kind (for example, moving to or from a service road or a shoulder of the road); or (b) entering or leaving the road; or (c) moving from 1 marked lane to another marked lane; or (d) avoiding an obstruction; or (e) obeying a traffic control device applying to the marked lane; or (f) permitted to drive in more than 1 marked lane under this regulation; or (g) passing the rider of a bicycle that is travelling in the same direction as the driver and the driver’s vehicle is not completely in a marked lane in order to comply with section 144A(1) for the passing of the rider; or [s 147] Transport Operations (Road Use Management—Road Rules) Regulation 2009 Part 11 Keeping left, overtaking and other driving rules Page 156 Current as at 1 September 2015 (h) lane filtering in compliance with section 151A. Note— Only the rider of a motorbike may lane filter.


    151A Lane filtering between slow or stationary vehicles on a motorbike

    (1) The rider of a motorbike is lane filtering along a length of road if the rider rides the motorbike between— (a) two adjacent lines of traffic travelling in the same direction as the motorbike; or [s 151B] Transport Operations (Road Use Management—Road Rules) Regulation 2009 Part 11 Keeping left, overtaking and other driving rules Page 162 Current as at 1 September 2015 (b) two vehicles (regardless of whether the rider remains within a single marked lane), each vehicle travelling in— (i) the same direction as the motorbike; and (ii) separate, but adjacent, marked lanes.

    (2) The rider of a motorbike must not unlawfully lane filter along a length of road. Maximum penalty—20 penalty units.

    (3) For subsection (2), if 1 or more of the following circumstances apply while a rider is lane filtering along a length of road, the rider is taken to have unlawfully lane filtered along the length of road— (a) the rider does not hold an O type licence for the class of the motorbike; (b) the rider rides at a speed of more than 30km/h; (c) the rider rides in a school zone; (d) it is not safe to lane filter. (4) In this section— school zone means a school zone under section 23(2) but only during the times when a lower speed limit applies to a driver in the school zone than the speed limit that applies to a driver for a length of road immediately outside the school zone.

    Any help on Traffic Law is greatly appreciated!
     
  2. Victoria S

    Victoria S Well-Known Member

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    The way you have described the incident occurring obviously sounds favourable to your allegation of fault lying with the motorcyclist. The road rules you have cited also are relevant. Whether an insurer will deem the other party to be at fault however will depend on hard evidence, including the witness testimony of others. Do you know whether witness statements were taken from other drivers? Do you know what the motor cyclist's version of events was?
     
    oceanicjameson likes this.
  3. oceanicjameson

    oceanicjameson Active Member

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    Perfect.

    That's fair enough, I was standing around and the officers were taking statements from a few other drives, would these be within the police report?

    Not entirely, no. He was in shock for a few minutes and wasn't talking much, but I would assume from his point of view I didn't give way, of sorts. But no, unfortunately.

    I was called up by Swan motorcycle insurance people, but also just received a letter today from Allianz in regards to a personal injury claim? Whatever that is.

    The rider got up within a minute of it all happening, another person and I helped move his bike off the road, and when the ambulance arrived they checked his legs and what not, but no external injury was found, just some shock. They took him back for scans as far as I'm aware but I'm not certain if anything was found.

    Any idea on what might be happening?

    Thank you for your help too, by the way! I extremely appreciate it!
     
  4. Victoria S

    Victoria S Well-Known Member

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    Hi,

    Sounds like the motorcyclist is making a claim for personal injuries. This will be through your CTP insurer, if you were at fault for the accident. If motorcyclist is found to be totally at fault, however, he cannot sue for personal injuries. CTP will not affect you though anyway, except with possible premium increase if personal injury claim is made against you.

    Swan, I assume, are insurers for property damage. If you are found to be at fault, they will be entitled to recover the motor cycle damage costs from you. Which you can claim for through your insurer if you have comprehensive insurance.

    If you are not at fault, nothing to worry about, you can claim damage to your vehicle from the motorcyclist which will ultimately be Swan since he has obviously made an insurance claim.

    Clear as mud? :confused:
     

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