Literally on the road

Discussion in 'Australia and New Zealand' started by ghostgum, Sep 15, 2005.

  1. ghostgum

    ghostgum New Member

    Joined:
    Aug 30, 2005
    Messages:
    245
    Likes Received:
    0
    After 9 year of bike commuting (almost 4 years in this session)
    I finally came off the bike. Riding along at about 30km/h when
    a car pulls out from stationary at a stop sign into my path.
    I braked a little too quickly, lost control and ended up sideways
    on the road just before the car. The driver said sorry then
    drove off, ignoring my request for her details.
    Two other cars stopped to give me their details as witnesses.

    I ended up with some very minor bruising and grazes, and some
    minor grazes to the handlebar grip and packrack. No problems
    riding home - I must have met all the turkeys earlier in the
    day.

    I usually do go past that intersection a little slower
    because the stupid drivers do tend to pull out, turning
    right across your path, but in this case I thought (wrongly)
    that the driver couldn't pull out because there was another
    car blocking the other side of the road.

    I reported it to the police. The constable (who also rides a
    bicycle) was very good about it, but the critical thing was
    that there wasn't a collision with the car. Consequently
    the driver was not required to exchange details, and was
    not required to check if I was Ok.

    The driver did fail to give way, and would be getting a phone
    call from the constable to discuss their responsibilities on
    the road. They may also get a penalty notice.

    This does raise an interesting question.
    If one vehicle runs a second vehicle off the road and into
    a tree, but the two vehicles don't touch, is the first
    driver required to stop to render assistance?
     
    Tags:


  2. On Fri, 16 Sep 2005 09:32:33 +1000, ghostgum wrote:

    > I usually do go past that intersection a little slower
    > because the stupid drivers do tend to pull out, turning
    > right across your path, but in this case I thought (wrongly)
    > that the driver couldn't pull out because there was another
    > car blocking the other side of the road.


    I'm always amazed by the number of idiots who happily
    drive into blocked intersections, pedestrian crossings,
    even tram and train crossings. Sometimes I stop to discuss
    their stupidity with them as I squeeze past, and they look
    as me as though I'm from another planet.

    --
    Home page: http://members.westnet.com.au/mvw
     
  3. Theo Bekkers

    Theo Bekkers Guest

    Michael Warner wrote:
    > Sometimes I stop to discuss
    > their stupidity with them as I squeeze past, and they look
    > as me as though I'm from another planet.


    And are you?

    Theo
     
  4. sinus

    sinus New Member

    Joined:
    Jul 25, 2004
    Messages:
    289
    Likes Received:
    0
    Glad you are OK.

    That drivers attitude really sucks. Hope she is made to pay.

    Cudos to police for the right attitude (so far), thumbs down to the law for being an ass.
     
  5. Dancier

    Dancier New Member

    Joined:
    Jul 26, 2005
    Messages:
    240
    Likes Received:
    0
    Riding down Toorak Rd last Saturday this guy half blocks my access so I have a few nice words with him, the next intersection he fully blocks the intersection. What planet do these guys live on.

    Last night riding home along Waverly road just past Blackburn road, this woman pulls along side me, swearing and tooting her horn. So she disapears into the distance thinking she would never see me again. So at the next set of light I knock on her window asking nicely what did I do, she just sat there swearing at me with her window up. Just another idiot driving a car I suppose.
     
  6. Peka

    Peka New Member

    Joined:
    Aug 6, 2005
    Messages:
    244
    Likes Received:
    0
    You'd have to check the relevant legislation. It may be a grey area....

    Regardless of what that says, the driver caused you to crash and will liable as far as insurance goes (if there's enough damage and if you choose to claim against their insurance). Of course, their insurance company will try and get out of it, but I know of numerous cases of motorcyclists who have gone down due to a dopey driver, not collided with said driver's car, and still been successful in claiming against mr dopey's insurance. Having witnesses will help a lot.
     
  7. zog

    zog Guest

    Theo Bekkers wrote:
    > Michael Warner wrote:
    >
    >> Sometimes I stop to discuss
    >>their stupidity with them as I squeeze past, and they look
    >>as me as though I'm from another planet.

    >
    >
    > And are you?


    maybe it's the "Spock" ears ;)
     
  8. cfsmtb

    cfsmtb New Member

    Joined:
    Apr 11, 2003
    Messages:
    4,963
    Likes Received:
    0

    Ahh, interesting. Under new legislation in Victoria, it's illegal to leave the scene of an accident (ie: several high profile hit-run cases here). Anyone want to follow detail of this up, I'm kinda busy. Otherwise, it's damn good to known you're ok & still on the bike. Lets us known how you go with police & followup.
     
  9. Russell Lang

    Russell Lang Guest

    "cfsmtb" <[email protected]> wrote in message
    news:[email protected]
    >
    > ghostgum Wrote:
    >>
    >> This does raise an interesting question.
    >> If one vehicle runs a second vehicle off the road and into
    >> a tree, but the two vehicles don't touch, is the first
    >> driver required to stop to render assistance?

    >
    >
    > Ahh, interesting. Under new legislation in Victoria, it's illegal to
    > leave the scene of an accident (ie: several high profile hit-run cases
    > here). Anyone want to follow detail of this up, I'm kinda busy.
    > Otherwise, it's damn good to known you're ok & still on the bike. Lets
    > us known how you go with police & followup.


    My reading of the current regulations found the following,
    which seems to suggest that the other driver should not
    have left the scene. However I am puzzled by the text
    "(other than a motor vehicle)". This appears to be the
    only paragraph about this topic.


    287. Duties of a driver involved in an accident
    (1) If owing to the presence of a vehicle (other than a motor vehicle) an accident
    occurs whereby any person is injured or any property (including any animal)
    is damaged or destroyed, the driver of the vehicle-
    (a) must immediately stop the vehicle; and
    (b) must immediately render such assistance as he or she can; and
    (c) must at the scene of the accident as soon as possible give his or her
    name and address and also the name and address of the owner of the
    vehicle and the identifying number of the vehicle-
    (i) to any person who has been injured or to the owner of any
    property which has been damaged or destroyed; or
    (ii) to a person representing the injured person or the owner of the
    property; and
    (d) must at the scene of the accident as soon as possible give those
    names and addresses to any police officer who is present; and
    (e) if any person is injured and no police officer is present at the scene of
    the accident, must as soon as possible report in person full particulars
    of the accident at the police station that is most accessible from the
    scene of the accident if that station is open and, if it is not open, at the
    next most accessible station; and
    (f) if any property is damaged or destroyed and neither the owner of the
    property nor any person representing the owner nor any police officer
    is present at the scene of the accident, must as soon as possible report
    in person full particulars of the accident at the police station that is most
    accessible from the scene of the accident if that station is open and, if
    it is not open, at the next most accessible station.
    Penalty: 3 penalty units.
    Note The accident reporting requirements for motor vehicles is in section 61 of the Road
    Safety Act 1986.
    (2) In this rule-
    accident has the same meaning as crash.
    Note Crash is defined in the dictionary.

    From the dictionary:
    crash includes-
    (a) a collision between 2 or more vehicles; and
    (b) any other accident or incident involving a vehicle in which a person is
    killed or injured, property is damaged, or an animal in someone's
    charge is killed or injured.
    Note Vehicle is defined in rule 15.
     
  10. dave

    dave Guest

    ghostgum wrote:
    > After 9 year of bike commuting (almost 4 years in this session)
    > I finally came off the bike. Riding along at about 30km/h when
    > a car pulls out from stationary at a stop sign into my path.
    > I braked a little too quickly, lost control and ended up sideways
    > on the road just before the car. The driver said sorry then
    > drove off, ignoring my request for her details.
    > Two other cars stopped to give me their details as witnesses.
    >
    > I ended up with some very minor bruising and grazes, and some
    > minor grazes to the handlebar grip and packrack. No problems
    > riding home - I must have met all the turkeys earlier in the
    > day.
    >
    > I usually do go past that intersection a little slower
    > because the stupid drivers do tend to pull out, turning
    > right across your path, but in this case I thought (wrongly)
    > that the driver couldn't pull out because there was another
    > car blocking the other side of the road.
    >
    > I reported it to the police. The constable (who also rides a
    > bicycle) was very good about it, but the critical thing was
    > that there wasn't a collision with the car. Consequently
    > the driver was not required to exchange details, and was
    > not required to check if I was Ok.
    >
    > The driver did fail to give way, and would be getting a phone
    > call from the constable to discuss their responsibilities on
    > the road. They may also get a penalty notice.
    >
    > This does raise an interesting question.
    > If one vehicle runs a second vehicle off the road and into
    > a tree, but the two vehicles don't touch, is the first
    > driver required to stop to render assistance?
    >
    >

    Yeah. ANd you still have a civil claim against her.
     
  11. dave

    dave Guest

    Dancier wrote:
    > Michael Warner Wrote:
    >
    >>
    >>I'm always amazed by the number of idiots who happily
    >>drive into blocked intersections, pedestrian crossings,
    >>even tram and train crossings. Sometimes I stop to discuss
    >>their stupidity with them as I squeeze past, and they look
    >>as me as though I'm from another planet.
    >>

    >
    > Riding down Toorak Rd last Saturday this guy half blocks my access so I
    > have a few nice words with him, the next intersection he fully blocks
    > the intersection. What planet do these guys live on.
    >
    > Last night riding home along Waverly road just past Blackburn road,
    > this woman pulls along side me, swearing and tooting her horn. So she
    > disapears into the distance thinking she would never see me again. So
    > at the next set of light I knock on her window asking nicely what did I
    > do, she just sat there swearing at me with her window up. Just another
    > idiot driving a car I suppose.
    >
    >

    Hey I had one once who sad ¨I respect cyclists but the law doesnt say I
    have to give way to you¨ Was yours blonde too?
     
  12. dave

    dave Guest

    Russell Lang wrote:
    > "cfsmtb" <[email protected]> wrote in message
    > news:[email protected]
    >
    >>ghostgum Wrote:
    >>
    >>>This does raise an interesting question.
    >>>If one vehicle runs a second vehicle off the road and into
    >>>a tree, but the two vehicles don't touch, is the first
    >>>driver required to stop to render assistance?

    >>
    >>
    >>Ahh, interesting. Under new legislation in Victoria, it's illegal to
    >>leave the scene of an accident (ie: several high profile hit-run cases
    >>here). Anyone want to follow detail of this up, I'm kinda busy.
    >>Otherwise, it's damn good to known you're ok & still on the bike. Lets
    >>us known how you go with police & followup.

    >
    >
    > My reading of the current regulations found the following,
    > which seems to suggest that the other driver should not
    > have left the scene. However I am puzzled by the text
    > "(other than a motor vehicle)". This appears to be the
    > only paragraph about this topic.
    >
    >
    > 287. Duties of a driver involved in an accident
    > (1) If owing to the presence of a vehicle (other than a motor vehicle) an accident
    > occurs whereby any person is injured or any property (including any animal)
    > is damaged or destroyed, the driver of the vehicle-
    > (a) must immediately stop the vehicle; and
    > (b) must immediately render such assistance as he or she can; and
    > (c) must at the scene of the accident as soon as possible give his or her
    > name and address and also the name and address of the owner of the
    > vehicle and the identifying number of the vehicle-
    > (i) to any person who has been injured or to the owner of any
    > property which has been damaged or destroyed; or
    > (ii) to a person representing the injured person or the owner of the
    > property; and
    > (d) must at the scene of the accident as soon as possible give those
    > names and addresses to any police officer who is present; and
    > (e) if any person is injured and no police officer is present at the scene of
    > the accident, must as soon as possible report in person full particulars
    > of the accident at the police station that is most accessible from the
    > scene of the accident if that station is open and, if it is not open, at the
    > next most accessible station; and
    > (f) if any property is damaged or destroyed and neither the owner of the
    > property nor any person representing the owner nor any police officer
    > is present at the scene of the accident, must as soon as possible report
    > in person full particulars of the accident at the police station that is most
    > accessible from the scene of the accident if that station is open and, if
    > it is not open, at the next most accessible station.
    > Penalty: 3 penalty units.
    > Note The accident reporting requirements for motor vehicles is in section 61 of the Road
    > Safety Act 1986.
    > (2) In this rule-
    > accident has the same meaning as crash.
    > Note Crash is defined in the dictionary.
    >
    > From the dictionary:
    > crash includes-
    > (a) a collision between 2 or more vehicles; and
    > (b) any other accident or incident involving a vehicle in which a person is
    > killed or injured, property is damaged, or an animal in someone's
    > charge is killed or injured.
    > Note Vehicle is defined in rule 15.
    >
    >


    Yeah another part of the act will define their duties as regards motor
    vehicles. Probably the same but with higher penalties.

    OK so go see the cops. Say you are a vindictive sod and want her charged
    with this offence. Its worked for me.

    Thats 3 points and 185 ish bucks its cost her. Then ring her (THe cops
    will give you the number.) Tell her you are sending a letter of demand
    for damages and if you have any trouble getting her to pay you will put
    it in the hands of your lawyer. Its not a surefire win cos you didnt
    actually hit her.. but probably.
     
  13. hemyd

    hemyd Guest

    "Dancier" <[email protected]> wrote in message
    news:D[email protected]
    >
    > Last night riding home along Waverly road just past Blackburn road,
    > this woman pulls along side me, swearing and tooting her horn. So she
    > disapears into the distance thinking she would never see me again. So
    > at the next set of light I knock on her window asking nicely what did I
    > do, she just sat there swearing at me with her window up. Just another
    > idiot driving a car I suppose.
    >
    >
    > --
    > Dancier
    >

    Reminds me of a few weeks ago as I'm passing a clinic driveway in New Street
    Brighton. Lady waiting to leave the driveway moves forward just as I'm
    almost passing her car front. I spoke into her open windows "Can you please
    not do that". Upon having done that, the good lady had this fit of rage and
    erupted into a long series of horn tooting. "This does not sound good" I
    thought, half expecting her to run me down after she entered New Street and
    caught up with me..... never happened, though. Maybe she got over her fit of
    rage...

    My commute to work along there and St. Kilda Road is marked with drivers
    pulling out in front of me, turning left around me and pulling out of side
    streets and blocking my path. Just part of the joys of commuting by bike...

    Henry.
     
  14. On Fri, 16 Sep 2005 08:41:15 +0800, Theo Bekkers wrote:

    > And are you?


    I hope so, otherwise I must be related to these strange
    humanoid life forms which spend their lives in tin cans.

    --
    Home page: http://members.westnet.com.au/mvw
     
  15. Resound

    Resound New Member

    Joined:
    May 15, 2004
    Messages:
    430
    Likes Received:
    1
     
Loading...
Loading...