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05-02-2019, 12:39 PM | #31 | ||
Regular Member
Join Date: May 2014
Location: northern suburbs melb
Posts: 32
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If police turn up on the scene of any accident someone is in the wrong. They will get a fine, protocol.
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05-02-2019, 12:39 PM | #32 | ||
FF.Com.Au Hardcore
Join Date: Mar 2012
Posts: 5,077
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No arguments there. Would be very poor form to not make the call.
But 'they' are out there. |
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05-02-2019, 01:28 PM | #33 | ||
FF.Com.Au Hardcore
Join Date: Jun 2011
Location: Pt Lincoln far side South Oz
Posts: 5,860
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OP has gone very quiet...
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05-02-2019, 02:41 PM | #34 | ||
Regular Member
Join Date: Nov 2012
Posts: 283
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I havnt gone quiet, whats there to be quiet about.
Have to say im a bit surprised at most peoples comments, but you cant argue with them as to the letter of the law he can get fined. I just think its a bit of a sh1t act to fine someone for totally taking responsibility for his actions, He could have easily not called the ambulance but the guy is a genuine nice guy and to not help is something he would never do. He wasn't texting or face book or any thing else, just hit the car in front that took of from the lights and then suddenly stopped. So to the letter of the law 9 out of 10 accidents or incidents what ever you want to call them can be deemed dangerous driving. Cops should get hold of all accident claims and hit every one with a fine. Wander what you would all say if they started doing that. |
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05-02-2019, 03:06 PM | #35 | ||
Cabover nut
Join Date: Aug 2015
Location: Onsite Eastcoast
Posts: 11,324
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There is no law for some and another for others.
Doesn't the law suggest Police involvement if damage is over a certain amount or someone is injured ?? The cop who ran up the back of me long ago was charged with neg. and dangerous driving.
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05-02-2019, 03:19 PM | #36 | |||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,671
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Quote:
Because the ambulance was called to an accident which police usually attend to investigate they will lay charges according to law, unfortunately your mate has to suck it up. |
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05-02-2019, 04:48 PM | #37 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,449
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Quote:
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regards Blue Last edited by aussiblue; 05-02-2019 at 04:56 PM. |
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05-02-2019, 04:49 PM | #38 | ||
Regular Member
Join Date: Jul 2014
Location: Bundoora VIC
Posts: 246
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Nearly 10 years ago a very similar incident happened to me. Took off from the lights 3rd in the queue, the car in front suddenly turned left so the car in front of me stopped suddenly, I didn't stop in time. I wasn't looking at my phone but I may have momentarily rubbernecked at something or someone at the footpath next to me as I took off, a split second, but that's all it took.
As it was the afternoon peak and my car was stuck in his towbar causing a big queue behind me, the cops showed up and once the car was free and we were out of the way I copped a fine as they did show up. It was described as 'Careless Driving' and I lost 3 points. It's protocol and I accepted responsibility as it was my mistake. You live and learn. Your mate needs to do the same.
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05-02-2019, 05:13 PM | #39 | ||
BLUE OVAL INC.
Join Date: Feb 2006
Posts: 8,700
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A few years ago my nephew got pinched for hitting a transit bus up the ****.
He was travelling along a dual laned arterial road in the left lane with plenty of room between himself in a 12 pallet traytop truck and the car in front, it had been raining so he was giving extra space incase he needed to stop. At some stage the transit bus came up the right hand lane and proceeded to pull into the left lane right before a side road. A car waiting to exit the side street whose driver obviously saw the gap my nephew had left, but didnt see the transit bus begin to dive into the left lane went to go, realised the gap had closed and stopped, the bus driver landed on the anchors to avoid the car and my nephew was left with no where to go, he couldnt even swerve to the right as the bus was still half way between lanes, so he hit the skids and clipped the right rear of the bus. The car drove off but the bus driver straightened up the bus, stopped and got out, acknowledged to my nephew that it was his fault for diving into the space my nephew left but as soon as the police arrived he said it was my nephews fault for no allowing enough space. This all happened in the blink of an eye and there was not even a second to adjust the gap if he wanted to. The nephew was charged and the trucks owner copped the insurance liability as despite witness statements the police refused to believe anyone other than the bus driver. I drive heavy vehicles every day in city traffic and its become a balancing act allowing enough space to stop safely but not so much that every impatient flog with an attitide that their time is of great importance decides the gap i've left is specifically for them to weave from lane to lane to make up a car space here and there. |
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05-02-2019, 05:29 PM | #40 | |||
Youth worker
Join Date: Dec 2007
Location: Ipswich QLD
Posts: 6,880
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Quote:
I know I'm probably in the minority here, but I find it criminal that police are not called to the scene of all accidents. It would certainly keep the average Joe more up to date with their road rule knowledge and understanding! It might also reduce the amount of fraudulent claims. The amount of people I've heard whinging and complaining that they've received a fine is laughable! Once you hear their story, you wonder if some of them had obtained their licence through honest means! Edit... And there's a big difference between taking responsibility and taking blame.
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05-02-2019, 05:41 PM | #41 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Posts: 22,922
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Cool story!
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05-02-2019, 05:45 PM | #42 | ||
Regular Member
Join Date: Nov 2012
Posts: 283
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We all enjoy a good laugh
Last edited by GasoLane; 05-02-2019 at 06:13 PM. Reason: Leave personal insults out of it. |
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05-02-2019, 06:57 PM | #43 | ||
FG XR50 TURBO
Join Date: Apr 2009
Location: reservoir
Posts: 4,558
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This will explain Rear-End Collisions
If someone hits you from behind, it isvirtually never your fault, regardless of why you stopped. A basic rule of the road requires a vehicle to be able to stop safely if traffic is stopped ahead of it. If it cannot stop safely, the driver is not driving as safely as the person in front. The other sure-fire part of the rear-end accident claim is that the damage proves how it happened: If one car's front end is damaged and the other's rear end is, there can't be much argument about who struck whom. Of course, the driver of the car that hit you may have a claim against someone who caused you to stop suddenly, or against a third car that pushed his car into yours, but that doesn't change his or her responsibility for injuries to you and damage to your car. Keep in mind, however, that even if you have been rear-ended, in a few circumstances your own carelessness may reduce your compensation under the rule of "comparative negligence." A common example is when one or both of your brake or tail lights were out, especially if the accident happened at night. Another example is if you had mechanical problems but failed to do all you could to move the vehicle off the road. Cheers Dean Last edited by BLU-220; 05-02-2019 at 07:06 PM. |
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05-02-2019, 08:28 PM | #44 | ||
FF.Com.Au Hardcore
Join Date: Jul 2010
Location: NSW
Posts: 4,334
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Yeah, doesn't matter how fast or slow you are going, you should always leave enough space to stop if the car in front stops.
But cops turned up to the crash? Wow must not be NSW. NSW Police don't even turn up when drivers attempt to flee from an accident they caused. |
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05-02-2019, 08:41 PM | #45 | |||
Former BTIKD
Join Date: Mar 2005
Location: Sunny Downtown Wagga Wagga. NSW.
Posts: 53,197
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05-02-2019, 08:41 PM | #46 | |||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,671
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Quote:
I was involved in an accident 40 years ago where someone T Boned me as they were driving on the wrong side of the road, normal two lanes of traffic stopped for peak congestion, in a nut shell I failed to give way to my right from side street even though I could not see the vehicle coming around a bend. I was told by the constabulary I would be charged failing to give way to my right if I officially reported the accident. The law can be an *** but thats Life. Cheers. |
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05-02-2019, 09:38 PM | #47 | ||
FF.Com.Au Hardcore
Join Date: Jun 2011
Location: Pt Lincoln far side South Oz
Posts: 5,860
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just as an aside where does the law stand when we see on Youtube a lot of 'brake test in front of semi etc.
surely these days with dash cams, you (as the hitter) can prove the idiot (the hitted ) in front of you stopped for no reason or because they were in road rage or similar
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05-02-2019, 09:50 PM | #48 | ||
Kicking back
Join Date: Dec 2013
Location: Western sydney
Posts: 8,685
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The only time the front car in a rear ender is in the wrong is if they reverse into another car. Meaning the front car is in reverse. Im guessing a roll back would be the same. I have been rear ended 4 times, 3 did damage, the 4th was only light and the offending cars bumper got extracted by my tow bar and his radiator was no longer efficient. The only time any heat from the law came my way was when a mate of mine who was in the car threatened violance towards the numpty who hit me and i let my mate sort the fuzz out himself, i distanced myself from that. If you drive the same car everyday with the same load in it its easy to guage stopping power etc. I drive the same car every day with varying loads but i can work it out. We have had a few accidents in work cars when people assume that the van or ute will stop like a car, but the thing is loaded or towing a trailer. Thats all just common sence lacking. Chuck 600kg in the back alone, or add 1500 to that in tow, brakes dont work as well so extra care is involved. Tailgate someone because they cut you off in their camry in a loaded ute and any money says they stop faster then you.
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05-02-2019, 09:55 PM | #49 | ||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,449
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In the mid 1970's I was hit by a women who lost control of her V8 VC Valiant while speeding. She skidded for 100 meters leaving continuous long black skid marks before swerving off at an intersection and hitting me at a speed subsequently estimated by the Police to be in excess of 100 mph at the collision point. I had been stopped at the intersection waiting for traffic to clear (I was on the gravel at a T intersection where it met a busy bitumen road she was on) and it happened so quickly I didn't see even see her coming; I had just looked right for about the third time and was looking left (probably also for about the third time) and was about to look right again but next second my car had been thrown off the road and I was looking up at my Mini Moke's engine laying up against my windscreen. Her Valiant then skidded about another 150 meters down the road before going off into a culvert on the other side of the road while narrowly missing oncoming traffic.
My head was split open and bleeding where it hit the upright holding up the canvas top (but I was in shock and didn't notice until a girl passenger from a car behind me burst into tears and pointed it out to me) and her two very young children in the back seat had multiple cuts and fractures from when her car rolled over to a stop in the culvert. She apparently also had some minor scratches and bruises. We all ended up in ambulances. It was the worse accident I was ever involved in. There were several witnesses including those in several car that were in a queue stopped behind me as well as the oncoming traffic that were all able to confirm she had lost control, was speeding and that I was stationery and had not entered the intersection. She could not explain away her speeding but her story was that as she came around the corner she saw me and as she thought I might be about to enter the intersection panicked and slammed on the brakes. Perhaps so, but I suspect she also saw the other traffic, suddenly realised in was on a very busy road and/or braked to avoid hitting the back of the last car of a stream of cars that were now in front of her. Despite the Police attending, investigating (measuring skid marks, estimating her speed and the interviewing the witnesses confirming that she was solely at fault) they did not charge her. When I inquired their explanation was that everyone had suffered enough so there was no point charging her and increasing her suffering and similarly that I had suffered enough without having to go court as a witness and reliving the whole incident. The cynic in me now wonders if when they interviewed her later at home if she wearing the same skimpy negligee she was wearing when I was invited to come around and see her to exchange registration and insurance details one evening. She was definitely a very attractive single mother and I am not certain what her intentions were but as a teenager I found that unexpected encounter almost as scary as the accident and I escaped as soon as I could. Perhaps as she said she just genuinely wanted to show me the scratches and bruises from the accident she had in various places on her body. But yes she probably had already suffered a lot, seemed genuinely sorry and as a single mum would probably have been more adversely affected by having a significant fine. I think the fact that my vehicle was both extremely light and stopped on loose gravel may have saved my life; it was essentially thrown aside in the impact although it still absorbed a lot of shock (in addition to the motor being on the windscreen the rear sub-frame that carried the rear wheels and rubber cone suspension was twisted). In any event, the point is that in those days the Police seemed to rightly or wrongly have much more discretion about charging people in what was a relatively serious road accident and in some circumstances perhaps it was the right thing to do; I do think that fines should be means tested with the rich having to pay more than the poor.
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regards Blue |
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05-02-2019, 10:44 PM | #51 | ||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,691
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Can I just point out that when the laws were introduced to slow down around emergency services vehicles, many people deemed these laws to be dangerous...
and yet everyone in this thread is very sure about the need to be able to stop regardless of the actions of the car in front. For the record, I agree with all in this thread, and I also agree with the laws regarding emergency services vehicles. Driving isn't that hard when you actually focus on driving.
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05-02-2019, 11:05 PM | #52 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,449
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Quote:
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regards Blue |
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05-02-2019, 11:10 PM | #53 | |||
wackyv8
Join Date: Jan 2007
Location: central vic.
Posts: 147
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Quote:
too many are letting it slip by the wayside . soon itll just be " being a minimum requirement" ford12 , your mate deserves everything that he got . |
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06-02-2019, 08:16 AM | #54 | ||
FF.Com.Au Hardcore
Join Date: Nov 2011
Posts: 1,547
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Glad the rear-ended person was in a car and not on a motorbike. Change just that one thing in the scenario you described and tell me if you think your mate was harshly treated.
I realise it was in fact a car and not a bike, but only through pure luck/circumstance...your mate didn't get to choose what type of vehicle he hit. |
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06-02-2019, 11:25 AM | #55 | ||
Regular Member
Join Date: Sep 2017
Posts: 261
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Similar thing happened to me way back in 1984 in Leeds. I was behind a minivan at a roundabout on the way home from work. Minivan started to pull ahead, I glanced to the right to see if I had room to follow him and bang he had decided to stop and light up a ciggie. I was only creeping along and in an Escort so only a slight damage to one of his back doors. Yes I fixed it up. No cops involved. Life seemed to be much more civilised years ago.
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06-02-2019, 12:33 PM | #56 | ||
*barks incessantly
Join Date: Jun 2016
Location: SA
Posts: 1,563
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When I totalled my white ba, the cops came out and kept the road clear then asked me what happened. I explained I crashed due to inexperience rather than negligence and they didn't fine me or anything. In fact, they were pretty nice about it.
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06-02-2019, 01:21 PM | #57 | |||
Cabover nut
Join Date: Aug 2015
Location: Onsite Eastcoast
Posts: 11,324
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Quote:
Had the freeway blocked for a couple of hours.
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heritagestonemason.com/Fordlouisvillerestoration In order that the labour of centuries past may not be in vain during the centuries to come...... D. Diderot 1752
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06-02-2019, 03:10 PM | #59 | ||
FF.Com.Au Hardcore
Join Date: Jan 2007
Location: Port Lincoln, SA
Posts: 5,136
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Not to play devils advocate, but in the larger scheme of things monetary fines for making an honest mistake will only change behaviour because you don't want to incur another fine again - not to fix the true issue i.e. in the example of old mate, im sure he is a nice guy and just had a mid arvo slip. The fact police hand out fines for human error doesn't always seem fitting.
In other news, a lady backed into my car yesterday. My car was parked in a spot it wouldn't usually be due to road works going on, but neither car parked wrong/illegally. She left me a note, I called her, let her know its ok and its just a mistake. Hey its 5pm and she was probably thinking about picking up the kids, preparing dinner and paying her electricity bill on time. Same human error - but again I don't consider a monetary fine fitting; we all make mistakes. But the law and rules are the quickest (and financially) and simplest way to regulate/modify behaviours (sometimes) whilst putting money in the governments slush fund. Its a shame societal/political values are based on neoliberalism.
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06-02-2019, 03:50 PM | #60 | |||
FF.Com.Au Hardcore
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Quote:
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