Sill may repair, from pics hard to tell. The rest seems superficial, easy repair. Ring me once Rob has inspected for either parts or to sell as a whole. Cheers John
I know this must be a bit of a disaster for you but I always like to look at the positives and they are that you weren't hurt and the other BIG thing was that there apparently were no people in the bus shelter at the time. Hope you can get another Zed soon. Cheers.
Im not so sure about that. I had an incident last year where I was at a give way sign at a t intersection which was a 50 zone and also at the top of a hill. Now I approached the intersection checked right, checked left, nothing...as I pulled out I saw a motorbike flying toward my drivers door (above 100kmph) now he managed to swerve to the left and avoid the back of my car and just stayed in control of the bike. But if he did hit my car I would find it very hard to believe that the blame would be put on me because I gave way and nothing was coming.
Regardless of what speed he was doing and/or breaking the law..>> you failed to give way. For agruements sake lets say the bike did hit you and yes he was speeding the fact of the matter he would not have hit you had you have giving way. Maybe one of our regular police officer or ex members would care to contribute. Cheers Andrew
Re: That's quite funny.... all aboard!!! Not necessarily. I've heard of a few cases where the reaction time was 0. I.E the person hadn't crossed the hill yet, and thus were found at fault. Engineering lecturer has been required to give evidence to court to show that the driver leaving the t junction wasn't at fault.
Re: Dude you may have to pay to repair the bus stop! I think he is already aware of that. Were you able to drive the car home? Or did it require a tow truck. Not sure how it is with public property, but with trees / rock walls and stuff I've heard that if you can drive it home, then you can escape the negligent driving charge. Not sure how accurate that information was though.
You will definitely have to pay for the Bus Stop, my wife had to pay for a metal street light and fittings in Mt Pritchard following a similar event. I thought fitting some sort of plaque to the pole would have been a nice touch, but they didn't bother. This was a long time ago but the pole is still known as Caz's street light.:LOL: Enter the Bus Stop of the prophet. Cheers:zlove: Barry
I did give way There was nothing coming when I pulled out....the visibility on this particular area is such that if the person is doing over 100kmph there is no way anyone could see them coming. I know ethically im in the right but whether the law would see it that way is another thing. If he did hit me hopefully it would be obvious that he was doing a ridiculous speed and it obviously wasn't my fault. I'm sure if I was willing to pay a legal eagle thousands of dollars I would be cleared..... I agree we need someone who knows what their talking about
You are mistaken. You can argue all day and night, but at the end... of the day the fact is, another vehicle arrived from your right-hand side (and has the right-of-way). The fact that he may have been speeding just increases your obligation to avoid a collision. If it can be shown that the other vehicle was speeding, he would also be booked, but that wouldn't remove your obligation to give way. If the intersection has restricted vision to the right, then you are expected to take additional care before entering. Even at a roundabout (where every vehicle is facing a "Give Way" sign), the vehicle on your right hand side has the "right of way" in the event of an accident. You may not like it, but those are the facts.
Good morning Chili! So what your saying is if someone comes flying around a blind corner/hill whatever, at say 200kmph and takes out a car crossing the road then the car crossing would still be at fault? Even though there was no way (apart from winding down the windows and listening) to see anything was coming? I'm sure there must be some clause or fine print in the law to say "you gave way as best as possible" but there was no way the person crossing could avoid the accident. If that's the way the law is then it doesn't suprise me that much, I just hope im not unlucky enough to ever have to try to defend myself in court.
I agree Its like that law about hitting someone from behind always being your fault, so drivers cutting in front and slamming on the brakes to deliberately cause damage. If its witnessed then Im quite sure your not at fault. Same as this, you cant be expected to "give way" to something thats not there. Maybe a cop being an idiot would charge you but Im sure a judge would throw it out if it could be proven (tire marks indicating speed etc).
Here we go AGAIN! Police are required to report(and issue Infringement Notices) for any apparent breaches of the Motor Traffic Act. They are prohibited, by law, from making judgements about guilt or innocence, that decision making is in the jurisdiction of the relevant Court. Don't take my word for it (I realise it's not necessary for me to say that), just look-up the Police Rules and Regulations pertaining to Powers of Arrest, in your respective State.
I think your trying to push something brown and sticky up a hill if your going to try and convince us all that police have NO powers of discretion at all. Not like Ive heard on the tv, read in the paper, countless times of charges not being laid due to circumstances. These are things that NEVER went to court so how is that decision made if the police are powerless to do it? How many times here have people actually been caught doing something stupid on the road and gotten off with a warning? Quite a few I think. In your theory the copper must of been lucky and had a courtroom in his car at the time :LOL::LOL::LOL: If they are required to report any apparent breach of the motor traffic act then how is it that I just have to sit at the lights of an intersection for 5 minutes to count a half dozen cars that need to be off the road yet are still driven? Obviously police drive past these every day chosing NOT to pull them over and issue red/yellow stickers. Or how about bikies riding in plain view of police with no helmets?? Once again Chili you make arguments for the sake of arguing but again you clearly have the wrong end of the stick. Nap time for you
It's different in each jurisdiction. For example, in NSW it's standard... practice to lay charges of neg driving, even if it's a minor bingle. Later on they're usually dropped. This happened to a friend of mine. With my own accident, which was similar to the one described above, they could easily have got me on neg driving but instead I only got 2 points for failing to give way. Because nobody was injured (some seatbelt bruises for the other guy, I was pretty shaken up) they decided to go easy. I think they thought the loss of my r33 was punishment enough! Anyway, discretion means little if they have a departmental practice of booking everything that moves in the first instance.
