cazza36

Yes I work i the Motor trade and its if you hit a car in the rear, its 99% your fault!

Grayling

That could apply to any australian driver though

Sherlock Holmes

Looks to me that the whole purpose of that junction is to keep traffic moving. Therefore if someone stops unexpectedly (whilst you should keep sufficient distance behind to be able to stop) that might help you go for 50/50 responsibility.

Is your daughter familiar with that junction? Does she use it every day? What is the normal driver behaviour at that junction? Do most people keep moving and use the merge further on? If you show reasonable expectation that the driver in front would keep moving whilst you check to the right, then that may help you.

What is the local shire / road board's interpretation of how that junction should be used and why have they laid it out that way? See what they say. See what the local old bill say.

Was the other driver local? Do they use that junction regularly? If so, they should know better, if not, then they may have half an excuse.

Is there a give way sign? If so, where is it? Is it prior to the junction or is there a merge sign around the corner?

ozzieeagle

I'm surprised you asked the question Paul. Being an ex Cabbie.

Someone could see an imaginary Pink Elephant land in front of them, and brake.... It's still the persons fault behind for driving too close.

Brake lights and car failure are the only mitigating circumstances.... Surely the only cost will be the insurance excess. Which is generally 400 bucks ?

EvannTel

Perfect. You have left me the 1% room to make an argument I was not entirely at fault. An argument I successfully made with the insurers.


No, not in UK anyway. This is exactly the police support i got that the driver in front had not taken reasonable action. i.e. if he "thinks" he sees a pink elephant and slams the braked on, this isn't reasonable.

Dont get me wrong I'm not condoning tail gating, but just because you rear end someone is not necessarily 100% your fault.

I think the OP has an argument to make against the driver in front.

PaulandNic

Well my daughter admits to driving too close, but uses the road all the time and no one ever stops. She took her eyes off the front to check right (even tho she knows they have their own lane) and there WAS a car coming. Next thing she knows the car in front has come to a complete stand still, and too late!

When she asked the lady why she stopped, she repled "because a car was coming"





Yeah as I was saying, she knows and uses the road almost daily going to her friends. The lady she drove into is from the other end of the coast, 50 mins or so. Dunno if the knows the area, she might, but after this incident would guess she doesn't.

I'll check, but don't know if there's a give way sign. I'd guess from the angle they was coming from there could be a stop sign, for traffic turning right. I'll check as I say.




Oh and $1,900 excess!

My insurance was supposed to phone me today between 9 - 11 ... didn't happen, but will see what the person I speak to then has to say about it given the facts. End of the day they're gonna be on 'our side' so to put it.

There's a glimmer!

EvannTel

I wouldn't put it quite like that to your insurers

PaulandNic

Wasn't, but I hear you.

PaulandNic

Heading East, and then the view ahead turning on the bend. No give way unless turning right.





Google Maps ...

EvannTel

I'd seriously argue the old dear in front acted unreasonably.
These photos are priceless to your case. This is analogous to slamming on the brakes half way around a bend! Not very friendly or considerate for other road users.

ozzieeagle

Looks like a hard shoulder on a freeway was my first instinct.

1,900 is bloody expensive... didnt think it would be that much. I'm orf to check my insurance policies now. As my youngest has just started driving.

Hypothetical ....... What happens if she says she braked because saw a Cat, Dog or Echidna run across the Road ?

DeadVim

For mine it doesn't matter why they suddenly braked, the car behind should have left an appropriate gap.

Maybe the driver in front saw a kid that was going to run out, maybe a squirrel, maybe a dwarf (sorry, "person of limited stature") ... it don't matter.

Anything that discourages tail-gaters is a good thing.

Spondylus

just on an aside here - we have learnt that over here in WA the drivers don't think they have to 'merge' entering from the left (ie. on a highway)...

On the Kwinana Freeway, drivers coming in from the left expect (demand) you to move 0ver/slow down/give them right of way.... Juist me or anyone else get this?

steen1976

Is correct in the UK anyway.

EvannTel

People keep saying this but my own very real experience shows otherwise as supported by police who attended the scene.
I was not without blame but it was not entirely my fault either.