Car Accident Advice (Both Drivers Sun Blinded - Who Is at Fault?)

Lpreddye on 15/08/2019 - 16:57
Last edited 16/08/2019 - 10:40 by 1 other user

I was stopped at a give way sign and proceeded through the intersection because there were no cars to give way to. Because of the shape of the road I needed to go through at about 15-20km, after I was halfway through the intersection I got sun blinded.

Just after that another car collided with mine at the passenger front corner (they came from my left side), both vehicles are now are wright off. The other driver admitted she was also sun blind. There are no Tyre marks on the road to show she had attempted to stop at all and I think she had to be speeding to hit me as hard as she did but can't prove it. When I looked at her licence she lived 10 houses down the street so she had just left her driveway so that would be why I didn't see her when I was checking the intersection.

Who is at fault?

Accident Intersection

Automotive

Comments

  • Collies80 on 15/08/2019 - 17:08
    +12

    if you don't want to link a google maps image of the intersection you should draw a diagram as it provides us with a better picture of the scene of accident. Cause i guess the angle of intersecting roads and location (suburb backroad vs 3 lane highway) paints a better picture

    • Baysew on 15/08/2019 - 17:51
      +19

      AKA MS Paint.

  • spackbace on 15/08/2019 - 17:09
    +70

    You pulled out into traffic.

    Without any proof she was speeding, you're at fault 100%

    Member Since
    28 min ago
    Statistics
    1 posts / 0 comments

    Dammit!

    • brendanm on 15/08/2019 - 17:27
      +15

      Every single time… We need to have some sort of betting system to bet on "time until disableduser 473726".

    • payton on 15/08/2019 - 17:32
      +12

      First forum post should have an L Plate tag applied, i reckon.

      • spackbace on 15/08/2019 - 17:34
        +62

        Judging by OP's driving, they need one irl ;)

        mic drop

    • Mike88 on 15/08/2019 - 17:36
      +5

      Really need to limit posts of new users

      • capslock janitor on 16/08/2019 - 13:42

        or "age" restriction like has to be X old.

      • p1 ama on 16/08/2019 - 20:29
        +2

        This is probably not a bad idea - e.g. they cannot post a thread until they have been a member for some amount of time (maybe a week), or unless they have commented on some number of threads. This is just turning into another Whirlpool with these sort of threads.

        Anyway, OP, you had to give way, you are at fault. For the price of your excess you can get a new car, not the worst outcome in the world. Maybe get some sunglasses as well or don't drive when you can't see.

        • ssquid on 16/08/2019 - 20:41

          OP didn't mention having insurance.

    • smpantsonfire on 16/08/2019 - 11:54

      Even still, irrespective of speed, they pulled out into traffic

      • spackbace on 16/08/2019 - 12:16
        +1

        Even still, irrespective of speed

        If the other driver was trying to test out their top speed, you'd have an excuse if they suddenly came around a corner

  • pyramid on 15/08/2019 - 17:10
    +2

    Member Since
    27 min ago

    Another popcorn time…our accident expert should be at rescue soon

  • qwerty on 15/08/2019 - 17:11
    +20

    2 write offs going 15kph

    sure

    • banana365 on 16/08/2019 - 14:12

      Depends how old the car is. I had my 2002 Corolla written off recently because someone drove into the back of it at a fairly low speed. It would have cost about $6,000 to repair it properly - at least a couple of thousand more than it was worth.

      • GaryQ on 02/09/2019 - 10:03

        Yep. It isn't even the cost of repairs, necessarily but there the damage is done. I had a 2005 Ford Station wagon written off last month - someone hit it in the hard when we both stopped at the end of a freeway - he thought I had taken off and was looking to his right for on-coming traffic, but I'd stopped to let another car in.

        Anyhow, it dislodged my bumper, but frankly I would have kept driving it if it had been my fault. The damage was only 10cm or so. BUT the chassis was bent - and that an automatic write off apparently. Fortunately I'd taken out an agreed value policy about 6 weeks earlier, so I bought a 2009 model for replace it and still made $4k profit

  • pyramid on 15/08/2019 - 17:13
    +103

    How on this earth both parties are sunblinded if going to opposite direction..was there two sun?

    • kahn on 15/08/2019 - 17:21
      +67

      There were a couple of guys transporting a large mirror while walking across the road. One of the drivers was blinded directly by the sun and the other was blinded by the reflection. The most obvious explanation is the most likely.

      • Hirolol on 16/08/2019 - 09:37
        +3

        You just solved it mate.

    • Yummy on 15/08/2019 - 17:35
      +8

      Blinded by OP's laser eyes.

    • Guybrush57 on 16/08/2019 - 08:23
      +11

      They were driving a Tucson

    • alikazi on 16/08/2019 - 10:39
      +9

      I also had the same thought but it makes some sense. I've taken the privilege (that OP should have taken) to draw an MS paint drawing. This is what I think happened:
      https://i.imgur.com/bPM5U6E.png
      Both going in the same direction, OP merging into the lane. The crash was at the front passenger side. So this is probably what happened.

      • pyramid on 16/08/2019 - 11:44
        +1

        Bloody good …

      • Euphemistic on 16/08/2019 - 12:36
        +3

        Unfortunately you have confused this site with eurobargain, or the damage has occurred to the OP driver side.

        There is a link somewhere with a pic of the intersection from the OP

        • alikazi on 16/08/2019 - 16:01
          +1

          lol oops. I used to live in the US, cant believe I still havent forgotten the driver sides. But the drawing still holds some merit if you just horizontal flip the merging road.

          Edit: Fixed it: https://i.imgur.com/a9YGYq6.png

      • capslock janitor on 16/08/2019 - 13:44

        His pic is + intersection.

        https://www.dropbox.com/s/j0t15z2e14bel2t/2019-08-15%2018365…

        So possibly sun top right? Any meteorologists.

    • vengeance88 on 16/08/2019 - 11:39
      +1

      Don't forget the sun can shine out of ur arse!

    • fredblogs on 16/08/2019 - 13:49
      +2

      OP neglected to mention that this took place near a binary star system with different road laws

  • kahn on 15/08/2019 - 17:15
    +38

    This doesn't make much sense. First you write "there were no cars to give way to" and then you were hit as you were half-way into the intersection. Unless this is the world's largest intersection, how is this possible? The proximity of the other driver's driveway should not be a factor.

    Off-topic, but how did Ozbargain become Australia's preferred traffic violation forum? There have been many people creating accounts here just to pose these sorts of questions. It looks like there's demand for a specialised website. carwhinge.com, notmyfault.com, oopsiedoopsie.com?

    • Zedsdeadbabyzedsdead on 15/08/2019 - 17:32
      +20

      Dinndonuffin

      • GoldenDragon888 on 16/08/2019 - 06:24

        No that’s the forum for high school students and criminals to complain about how they were the teacher or police where picking on them.

    • spackbace on 15/08/2019 - 17:35
      +4

      Lol

    • Hithere on 15/08/2019 - 17:56
      +2

      how did Ozbargain become Australia's preferred traffic violation forum?

      Because they had new ones ripped for them on Whirlpool.

      Members here are a little more tolerant (to date)

    • [Deactivated] on 16/08/2019 - 09:42
      +1

      Im registering oopsiedoopsie.com right now (Joke).. :)

    • frewer on 16/08/2019 - 20:42

      Dont it mate, this is I wind down after work, kids, dinner and kids. Can a man enjoy his shows in peace ?

  • Eeples on 15/08/2019 - 17:16
    +7

    What does the police report say?

  • Ocker on 15/08/2019 - 17:18
    +5

    Whether the other driver was speeding or not is irrelevant.
    Primary cause of accident is that you failed to give way.

    • Eeples on 15/08/2019 - 17:20
      +2

      The other car could be travelling at 200km/hr and it would not be relevant?

      • kahn on 15/08/2019 - 17:24
        +17

        The other driver took off from her driveway, VTEC kicked in yo, zoomed past ten houses and hit OP.

        • spackbace on 15/08/2019 - 17:39
          +11

          Maybe it's a Delorean

      • Ocker on 15/08/2019 - 18:24
        +3

        Correct, police will say that if the OP had of observed the give way sign then the accident would not have happened - regardless of speed etc.
        I am speaking from first hand experience.

        • HighAndDry on 16/08/2019 - 09:13
          +2

          Not quite that simple. The other car speeding in itself doesn't take away your liability if you fail to give way, but if they were going so fast that you couldn't have seen them (or heard them, etc) in order to give way, THAT would mitigate or even completely negate your liability.

          So speeding, no. Going 200km/h… probably, unless it was such a long straight stretch of road you should/could have seen them coming anyway.

          • CMH on 16/08/2019 - 12:47
            +2

            @HighAndDry: Then it would be OP's job to prove that the other guy's speeding.

          • Ocker on 16/08/2019 - 13:25
            +2

            @HighAndDry: The jury has determined the OP is guilty of failing to observe the road rules.

  • Zedsdeadbabyzedsdead on 15/08/2019 - 17:21
    +7

    "both vehicles are now are wright off"

    lol

    • [Deactivated] on 15/08/2019 - 17:27
      +5

      Steven.

      • Thrift on 15/08/2019 - 18:11
        +17

        "I just got out of the hospital. I was in a speed-reading accident. I hit a bookmark."

  • sa-ozzie on 15/08/2019 - 17:22
    +4

    Are you related to the person driving the blue Mazda in last weeks accident post

  • [Deactivated] on 15/08/2019 - 17:23
    +6

    Give way sign means give way. Saying you were blinded might mitigate culpable driving, but in smaller matters might be admitting fault. Don't go through give way signs blind.

    • Baysew on 15/08/2019 - 17:46
      +6

      Give way sign means give way

      More of a aspirational hope.

      • [Deactivated] on 15/08/2019 - 19:07
        +3

        I often see drivers who seem to think it means everyone else has to give way to them.

  • nubzy on 15/08/2019 - 17:25
    +6

    Sounds to me like you should not be on the road at all, you failed to give way and now someone has lost their car and been put into an unfortunate situation because of your poor judgement. Being "sun blinded" is no excuse, i've never expereinced that in years of driving, besides you should be wearing polarised sunglasses.

  • Zedsdeadbabyzedsdead on 15/08/2019 - 17:27
    +15

    I'd rather share a ride with Stevie Wonder than hop in a car with OP.

    • sa-ozzie on 15/08/2019 - 17:44
      +4

      Plus carpool karaoke with Stevie

  • Euphemistic on 15/08/2019 - 17:42
    +3

    “Write off”

    • geoffs87 on 16/08/2019 - 15:44

      That’s right!

  • Baysew on 15/08/2019 - 17:43
    +6

    Who is at fault?

    The real question is, who has got insurance?

  • rompastompa on 15/08/2019 - 17:44
    +4

    The insurance company is at fault, as they're the one to sort this out!

  • SnoozeAndLose on 15/08/2019 - 18:11
    +1

    MS paint

  • [Deactivated] on 15/08/2019 - 18:46
    +13

    The sun is at fault. Public indecency. It was flashing.

  • preddye on 15/08/2019 - 18:47
    +1

    https://www.dropbox.com/s/j0t15z2e14bel2t/2019-08-15%2018365…

    The sun was to my front right so blinded her completely and me after I entered. How can I give way to a vehicle that isn't even on the road when I enter the intersection?

    • spackbace on 15/08/2019 - 18:50
      +4

      So when you turned to your left to look at traffic, the sun was only coming from your right side.

      That wouldn't have completely blinded you.

      • pyramid on 15/08/2019 - 19:11
        +12

        Ya but I was turning right so why should I look at my left…it's other party's fault..

    • [Deactivated] on 15/08/2019 - 18:51
      +19

      You're at fault.

      Unequivocally.

    • Eeples on 15/08/2019 - 19:06
      +2

      Was the car that collided with you travelling in the left lane to turn left in to where you were driving in to Jamison Rd?
      OR was it driving in the left lane and going straight?
      OR was it in the right lane going straight?
      OR don't you know?

      Most safe drivers would hang and look LEFT while in the middle median strip checking LEFT to see if there is oncoming now.

      • preddye on 15/08/2019 - 19:09

        They were in the left lane and I believe they were going straight but am unsure

        • Eeples on 15/08/2019 - 19:11
          +1

          Well they probably shouldn't be in the left lane going straight BUT if they were in the left lane you should have had a better chance to see them as you should have crept off the median strip looking LEFT for traffic.

        • Harold Halfprice on 16/08/2019 - 23:00
          +1

          You are supposed to stop between the median strip and give way. If you stopped in the median stripped and checked for traffic, there is no way you could have been sun blinded looking to the left.

          I know you didn't do it intentionally, but you are 100% at fault here. The other not only didn't do anything wrong, they had the clear right of way.

    • Euphemistic on 16/08/2019 - 06:07

      If you got hit from behind hen there is a chance the other drive was at fault. Since you got hit on he front passenger side, you did not give way.

      Perhaps the insurance companies might agree that sun blinded other driver might have some fault, but if you are not insured you are going to have a hard time arguing against an insurance company.

    • ialam99 on 16/08/2019 - 07:43
      +1

      This is probibly not the best forum to get moral support for your cause as the starting position is OPP is guilty until proven innocent. My advice is never admit your guilt after an accident regardless of what happened, explain your version of events to your insurance company and let them sort it out. Without a witness, there is no way you can prove it was the other person's fault without the other person admiting it so best to let your insurance companies sort it out.

    • gromit on 16/08/2019 - 08:32
      +3

      Sooo at 15kph you travel roughly 4 meters per second. unless this is a massive intersection then you are across in at most 4 or 5 seconds. You are saying this person magically pulled out 10 houses down between the time you looked and got acros and got up to speed to write off both cars in 4 or 5 seconds? what was she driving, a Veyron?

    • HighAndDry on 16/08/2019 - 09:19
      +5

      Sun was to your front right. Car came from your left. How were you blinded?

    • Yummy on 16/08/2019 - 09:42
      +2

      Edit and reupload map plz? I dont see the sun.

      • Caped Baldy on 16/08/2019 - 09:59
        +1

        The image was taken from inside the sun, that's why it's daytime.

    • HighAndDry on 16/08/2019 - 09:44
      +1

      Okay, to be fair to you that's a terrible intersection - but you really should be going slowly and pausing at the median strip to check again for cars. You had the give way sign, you need to give way.

    • [Deactivated] on 15/08/2019 - 19:23
      +1

      Rammed into by a douche
      Who doesn't know how to give way

  • Wallyt99 on 16/08/2019 - 05:56

    What was the time of day?

    • GoldenDragon888 on 16/08/2019 - 06:22
      +14

      9:00 pm

      • pyramid on 16/08/2019 - 08:49
        +2

        OP must be in Sweden to have sun glare at 9pm. OP - please post this in Swedenbargain.com.sw

  • GoldenDragon888 on 16/08/2019 - 06:26

    Mods can we please have restrictions on new members posting forum posts?

    • HighAndDry on 16/08/2019 - 09:20
      +11

      But then where do we get our entertainment from?

      • GoldenDragon888 on 16/08/2019 - 10:32
        +4

        I don’t mind when it real stupid people but I feel that new user and first post complaining about some stupid thing is just a troll. I feel ripped off. I want real stupid people and I can’t be sure with these new users.

        I miss that guy who used to sell gift cards and google minis.

        • HighAndDry on 16/08/2019 - 10:47
          +1

          Haha fair enough. Though I think Hanlon's razor kind of applies here (trolling being malice), we might think the situation or question is stupid, but 100IQ is the average (median) IQ after all…

          • pegaxs on 16/08/2019 - 12:31
            +1

            @HighAndDry: Or perhaps Occam's Razor…

            They could be genuine lost souls, adrift in a sea of information they are trying to come to terms with to garner some form of understanding and comprehension of what has happened and what may happen…

            Or they are just trolls…

            • HighAndDry on 16/08/2019 - 12:32
              +1

              @pegaxs: I have to admit, there is an element of self-interest involved in that if it's a troll, that makes it less entertaining for me =/

              • pegaxs on 16/08/2019 - 12:41
                +2

                @HighAndDry: I've learnt to embrace these posts. These posts are becoming increasingly ridiculous in their nature. To get the truly epic proportions, the stories have to escalate in stupidity with each iteration to gather the most fish.

                I now welcome the absurdity that gets posted and the plethora of gullible responders that think they are replying to someone who actually cares.

                There will come a time where these questions will be so stupidic in their nature that they will virtually become rhetorical questions that the fish will still feel a requirement to answer.

                The only way to curb to stupid/troll posts, it to not indulge them, but I know this community just won't, so the circle of life continues… Viva la troll!

                • HighAndDry on 16/08/2019 - 12:46
                  +1

                  @pegaxs:

                  and the plethora of gullible responders

                  =(

                  Though I can't object to anything you've said so……. touche.

                • pyramid on 16/08/2019 - 13:55

                  @pegaxs:

                  the stories have to escalate in stupidity with each iteration

                  Auto first response as "Did you check with your insurance provider?" would solve most of the accident discussion and stupidity.

        • Sage on 18/08/2019 - 21:52

          yeah but most functionality of this site exists without making an account. I personally used this site for several months before making an account to post something to share. it only makes sense for people to hold off registering until they want to post a forum thread or a deal.

  • ipiok on 16/08/2019 - 06:57
    +3

    I’m starting to think these are bait posts…

    • capslock janitor on 16/08/2019 - 13:48

      Or they don't want to reveal identity.
      Isn't there ANON posting?

  • Luke88 on 16/08/2019 - 07:18
    +2

    Do you have insurance? If you do, then let them deal with it.

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