Hit by a Bus Leaving a Bus Stop. I Was Overtaking. Who Is at Fault?

Dear all

The bus was stopped.

I was overtaking the bus, but it starting moving (i.e. left the bus stop) when at the same level.

I was trying to turn left, I had my blinker on. The bus hit me at the rear.

The video shows that the bus was stopped and put its blinker just before I was about to pass it.

So am I at fault or not?

Thanks

Poll Options expired

  • 692
    Car is at fault
  • 20
    Bus is at fault

Comments

  • +56

    Destroy the video immediately.

    • +160

      Top Kek. Preserved for continuity and prosperity…

      OP's original video

      • +35

        Oh dear!

        OP can't park either

        • +30

          But we don’t know if the bus driver made an ugly face.

          • +1

            @Hybroid: The resting bitch face seems to be contagious!!!

        • -2

          We should all report the OP

        • +6

          OP cant even set up the dash cam properly.

          OP getting roasted so hard he/she left this thread.

      • +53

        OP also needs to learn to install a dash cam… I thoroughly enjoyed seeing the “dash” and bonnet,

        • +50

          IT'S CALLED A DASH CAM. OF COURSE YOU USE IT TO FILM THE DASH. DUH!

        • +5

          I thought my screen was messed up

          • +4

            @Fobsessive: Hahaha, same. First time I watched it I kept trying to zoom out and/or scroll up.

      • +35

        Man, it's like watching one of those YouTube videos where they count up the movie sins…

        • Can't aim a dashcam - DING!
        • Fails to give way to a bus - DING!
        • Can't tell when bus driver began indicating despite clear video evidence - DING!
        • Cuts off bus - DING!
        • Turns headlights on high beam with oncoming traffic - DING!
        • Wonders if it's the bus driver's fault - DING!

        (Edit: For those who aren't familiar with CinemaSins "Everything wrong with…" videos: https://www.youtube.com/user/CinemaSins/videos)

      • +6

        That camera angle is so far down… Also what is that obnoxious orange blinking light. Cant possibly be indicating something important could it?

      • +1

        Lol at the 1000+ hits. But why is the dashcam pointed down?

        • +3

          Duh! Cause it’s a dash cam… I think OP took the name of the device and concluded that this was the mounting instructions.

      • +2
      • Wow

  • +88

    You can see the flashing indicator a solid 10m before you get to the bus

    • +269

      After some forensic analysis on the BonnetCam™ footage, I managed to recreate the event a little more accurately

      http://flipanim.com/gif/y/2/Y2cBtiKB.gif

      • +10

        "Duh wtf"

      • +46

        Uh oh, you've set a new standard. :)
        From now on, all submissions will require animated pics.
        mspaint is now so 2009.

      • +5

        BonnetCam™ footage

        Is there an OzBargain version - BonutCam?

      • That is well done - I'd love to see that animation presented as an exhibit in court!

        PS - did your friend Ben help with the animation…: https://www.ozbargain.com.au/comment/7675193/redir ??

      • +2

        isidore12 will remember this.

      • +3

        Woah you even both brake lights on the bus after accident!

      • +1

        Send this one to the bus company, I'm sure they'll enjoy a good laugh.

      • +2

        Excellent animation!

  • +68

    Conveniently, the reflection off your bonnet reveals that the bus started to indicate to turn right several seconds before you started passing the bus…

    • +36

      OP misinterpreted like "oh… when you said 'get a dash cam', I thought you meant get a camera to film my dash board!?"

      However the reflection does show the flashing for some time…

      • +6

        yeah WTF is with that pov, honestly.

  • +47

    lol. Did you also try and turn in front of the bus in that video? From the inside lane? Looks like YOU merged into the bus.

    Aus Road Rules 77: Give way to buses

    Aus Road Rule 148: Give way moving from one marked lane to another

    And possibly a smattering of;

    Aus Road Rule 28: Turning left from a multi-lane road

    PS: Worst camera angle ever for a dash cam.

    • +9

      I don't think 77: Give way to buses, applies. It looks like OP was not "in the left lane or left line of traffic".
      The bus was in the left lane, and it looks like they didn't and weren't going to change to the middle lane.

      But, OP cut off the vehicle driving in the left lane in order to make a left turn from the middle lane. That vehicle happened to be a bus.
      That's bad.

      • +16

        Well, it's a bit grey in that respect after having read it a few times. I guess if it depends on the parking restrictions at the time of the video? At that time of day is it considered a lane for driving or for parking?

        Well, I have been watching the video over and over again and I have done some work on this, and it appears as though OP also did not have their lights on. The lights on OP's car only come on around the 13 second mark of the video. The back of the bus and the reflective strips are not illuminated, none of the road beside the bus gets illuminated and when OP's car passes in front of the bus, there is a large dark shadow of OP's car cast in front of it from the lights on the bus. Only after OP's car gets hit, does the lights come on on OP's vehicle, which is now easily seen on the road, even under the street light.

        The other thing I noticed was that the bus had its indicators on from when OP turned onto that road. Its reflected in the bonut of OP's car at less than 1 second into the video.

        • +11

          Haha you're right. Driving without headlights.
          And maybe a bit harder to tell, but it also looks like OP didn't indicate at all.

          Burn the footage OP.

          • +12

            @crentist: There is so much wrong in this video from OP that I got a feeling it's going to become the next OzBargain meme. :D

            DisabledUser430204 in 3… 2.. 1.

        • +2

          Well, it's a bit grey in that respect after having read it a few times. I guess if it depends on the parking restrictions at the time of the video? At that time of day is it considered a lane for driving or for parking?

          Maybe a bit grey, but it seems to be an intersection just ahead, without parking.
          The other thing that makes it more grey is 87 Giving way when moving from a side of a road or a median strip parking area, specifically:

          (2) However, the driver of a public bus does not have to give way to a vehicle if—
          (a) the driver of the vehicle is required to give way to the bus under rule 77, and
          (b) it is safe for the bus to enter the lane or line of traffic in which the vehicle is driving.

          Mayyybe, even if OP WAS supposed to give way(a), the bus THEN had to give way because it was no longer safe (b) to change lanes once OP was clearly passing.

          But again, I don't think the bus changed lanes anyway, and maybe completely OP passed the bus before impact, so none of that matters at all.
          It's all about how OP CHANGED LANES into the path of another moving vehicle. Which is pure 148

          • +2

            @crentist: I'm tending to agree at this point. While I think OP should have given way to the bus based on the big sign on the back that says to, the actual road rule does stipulate that left most lane.

            I was trying to turn left,

            This comment added to the video, I am also convinced that OP was intending to "turn" left into the street where they were stuck, so ARR: 28 is also still possibly on the table. In that case, OP should have been in the left lane to turn, and if that was the case, should have waited behind the bus as ARR: 77 would then apply. So, I'm still partial to 77 still being on the table…

            • @pegaxs:

              I think OP should have given way to the bus based on the big sign on the back that says to

              Agreed. TBH, I wasn't even aware of 77. A bit of extra awareness of space around buses is just common sense really.
              This whole thing is just careless. Including the ridiculous camera angle.

              • +6

                @crentist: The camera angle should be a fine-able offence on its own :D

        • +3

          Driving without lights at 21:00. Where is a HWP when we need one.

          • @whooah1979: I think this is concocted. You could not make a better advert for a taxi/ride-share service.

            I've seen a lot of hipsters driving SUVs this badly, but not one fails this badly

            Not even someone who cams their dash AND can't see a bus pulling out when it is right 'bang' in front of them.

            boom boom.

            Maybe the bus should have hit it harder, then we wouldn't be putting up with such trollworthy vids.

  • +36

    Mate, you're gone. That video (as ridiculous as the angle is you've got it set on … what's doing there???) shows the bus indicating for a long time before you got anywhere near it.

    • +19

      OP. Take the matter to court. Including the Video. Clearly you have right of way and the bus drove off recklessly, probably under the influence.
      ..
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      Let's hope OP does, so he will be off the road for a while

  • +3

    So much for give way to buses …

    • +4

      Give way to buses doesn't negate their responsibility to indicate for the required time.

      Not an issue in this instance though - as the bus clearly did indicate for the required time.

      • It is also only give way to buses when they are leaving a bus stop or the kerb.

  • +19

    You must make a left turn from the left side of the road.

    You effectively cut off the bus to make a turn. You are at fault.

  • +16

    Bus has right of way leaving a bus stop as soon as their indicators come on.

    It is taught in your driver's test and it is printed on the back of every bus.

    • Bus wasn't changing lanes, OP wasn't in the left lane, so I think no need to give way to the bus.
      Unless of course OP then decided to cross into the next lane while there was already a vehicle already moving in it.

    • +1

      TBH, it may not have been in the driver's test. That rule changed about 5-10 years ago. Previously, it only applied if the bus was crossing a broken line to head back into traffic. Now it applies even in the absence of road markings.

    • +2

      Actually they have to give sufficient warning, ei 5 seconds of indication.

  • +4

    http://classic.austlii.edu.au/au/legis/nsw/consol_reg/rr2014…

    ROAD RULES 2014 - REG 77

    Giving way to buses
    77 Giving way to buses

    (1) A driver driving on a length of road in a built-up area, in the left lane or left line of traffic, or in a bicycle lane on the far left side of the road, must give way to a bus in front of the driver if:
    (a) the bus has stopped, or is moving slowly, at the far left side of the road, on a shoulder of the road, or in a bus-stop bay, and
    (b) the bus displays a give way to buses sign and the right direction indicator lights of the bus are operating, and
    (c) the bus is about to enter or proceed in the lane or line of traffic in which the driver is driving.
    Maximum penalty: 20 penalty units.

    • Holy moly. 20 penalty units.

      I'm sure there's a rule that there should be a few seconds that the indicators have to be on. ;)

      • +2

        There is, buses still have to indicate for 3 seconds - just like everyone else. Otherwise there could be no safe way to ever pass a bus - as they would legally be allowed to crash into you at any time.

        • +1

          This is actually 5 seconds under South Australian legislation. Rule 48.3 - not sure if this differs for other states?

          • -2

            @askgadgetguy: How about you check and get back to us?

          • +2

            @askgadgetguy:

            not sure if this differs for other states?

            If it's just "48", it's the Aus Road Rule. If it's something like 48.3 or 48-3, it is a piece of road rule legislation that is limited to that state. If it is 48 (3), it is the subrule "3" under rule 48.

            According to SA Road Rules legislation, there is no "48-3" to separate SA from the rest of Australia, so it means subrule in this case, 48 (3).

            (3) If the driver is about to change direction by moving from a stationary position at the side of the road or in a median strip parking area, the driver must give the change of direction signal for at least 5 seconds before the driver changes direction.

    • There you go, I didn't realise it only applied when you're in the left most Lane, sometimes when a bus swings out from a bus stop and I'm in the middle lane I'll let it change into my Lane, but now realise that's not exactly what the law is requiring.

      • It's probably worth just letting them get away with it. Even if you're in the right, you're still in an accident.

  • +8

    https://i.imgur.com/EEh4H6G.mp4

    Why is the dash cam pointing down on your dashboard?

    • +35

      Dashcam

      Instructions unclear… :D

      • +1

        Lol, well done.

    • +9

      It's not "guidelines", it's "legislation". A reallllly big difference.

      OP overtook a bus pulling out from a kerb (ARR: 77). OP then proceeded to merge into the lane the bus was in (ARR: 148)

      OP should change title to "I hit a bus, I am at fault."

  • +22

    You needed to be going much faster, and hand brake turn for you to have made it..

    • +7

      Then proceed to the nearest traffic authority to collect 10 merit points.

    • Han Lue style.

    • +13

      The bus didn’t enter the other vehicle’s lane. The other vehicle changed lane.

      I was trying to turn left, I had my blinker on. The bus hit me at the rear.

    • +3

      Not sure what would be worse, your ability to form a coherent sentence or your ability to drive. Both are worrying.

    • Then luckily for the bus it WASN'T entering a lane. The car turned into bus lane.

  • +21

    Might as well have the cam in the glove box.

  • +5

    You're better off making a mspaint.exe animation than using that camera angle

  • Your fault.

  • +3

    Lol

  • Oops! We couldn't find that page

    Aw FFS, this is what happens when I dont check the forums for a few minutes!!!

    • +2

      Couple comments in someone archived it. It's a great watch.

  • +13

    Here is an MSPaint diagram based on the dashcam footage.

    • Sorry, we can't accept that as evidence in Ozbargain court. It looks too professional, and thus forged evidence.

      • +2

        The diagram clearly shows that there is a diagram, satisfying the court's requirement for a diagram.

  • +3

    This happened ten days ago.
    https://files.ozbargain.com.au/upload/81235/73015/4a1ed360-3…

    Who filed a claim? The bus company or op?

    • +4

      I'm guessing bus company against OP and next thread is;

      "I don't have insurance and at fault for a crash with a bus… wat do?"

  • +28

    OP, are you actually so ignorant of traffic law that you would willingly share a video that's so obviously self-incriminating?

    • +2

      U call that a video??

      • +3

        I'm not exactly pumping his videography skills, but it's enough to show he's 100% at fault.

        • +11

          Especially the part at 21.36.36 when the "driver" thinks it may pay to turn the headlights of their dark car on.

  • +3

    Can we change the title to 'I hit a Bus that had indicated early….who can I blame?'

    • +13

      More like "I pulled in front of a Bus without my headlights on and it hit me, is it my fault?"

    • +2

      The cyclist, of course

  • +22

    The poll result looks like the grand final score

  • it was soooo your fault. lol

  • +19

    Whoever picks the 2nd poll option: Bus is at Fault….

    Whats the matter with you??? R U OK?! ^_^;

    Driving without lights in dark - GUILTY
    Overtaking bus/no give way - GUILTY
    Potato Dashcam on 80% dashboard - GUILTY
    Posting vid that proven you are 100% guilty - VERY NOICE!

    Might as well point the cam at crotch area.

    OP at fault, bus has better dashcam and you got caught. Hand over your driving and OzB licenses. And stay away from Yagoona.

    • +2

      Might as well point the cam at crotch area.

      Lots of accidents happen there.

      • Those are happy accidents.

        • Tell that to the buyers of incontinence pads lol

    • +2

      I originally voted Bus at fault based on the description, obviously late to the party and didn't know there was a video (which I have since seen). Op makes it sound like the bus was in one of those bus stops off to the side where it then has to rejoin traffic and it just suddenly came out when they were next to each other.

      Completely different description to what happens in the video.

      Anyway, changing my vote, just wanted to point out how someone might come to 'Bus at fault'.

      Edit:
      What you cant change votes? :-\

      • +2

        You will have to live with this decision for the rest of your ozbargaining life

    • +2

      The Jewish guy in World War Z taught me that if 9/10 officials agree it is the duty of the 10th to disagree. My vote here has helped ensure we prevent World War Z. You're welcome.

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