I Nearly Hit a Car; Need Advice on Right of Way

Lrealbargainhunter on 29/09/2020 - 19:34
Last edited 30/09/2020 - 14:27

Hi all,

I'm a first time poster here in OzBargain.

I wasn't sure exactly where I could find the correct answer to my query so I decided to take advice from the community here.

I came across a near hit accident with my car on my way home.

Link to the dashcam video

Link to Google map

I was taking a right from Blaxland road to the Anzac Ave from the location shown in the Google Maps and in the video.

I was under the impression that the blue car would give me the way as it's trying to merge into the main road from the 7-Eleven petrol station.

As I was trying to take right and understand that I need to give way to any oncoming traffic across the opposite side of the road, I couldn't decide now if I was in the wrong (or have been wrong all along in situations like this).

If only, I could get some idea or advice on this, I could avoid such near hit accidents in future.

Edit: Just as @esty highlighted (and to deny that), I'm still here…lol. Thank you all fellow OzBargainers for your advice and opinions. I am highly grateful for them. I just didn't think it was right to reply as it may look as if I'm arguing or trying to deny my mistakes.

Poll Options

  • 395
    Blue Car was Correct.
  • 298
    Blue Car was Wrong.
  • 15
    Nevertheless, I was wrong.
Automotive

Comments

  • Sensei888 on 01/10/2020 - 08:41
    +4

    See drawing here: https://imgur.com/MuN6Aha

    I think OP (red) is wrong and blue doesn't need to give way to him.

    It makes a lot more sense if the road wasn't curved. I think that's why they tried to paint that line to make the driveway more of a right angle.

  • telby on 01/10/2020 - 09:07

    I think the blue car was in the wrong. It's coming out of the servo, so has to give way to all traffic and pedestrians.

    • whooah1979 on 01/10/2020 - 09:26

      Motorists turning left have to give way to traffic coming from the right. Motorists turning right at an intersection have to give way to all traffic.

      • telby on 01/10/2020 - 10:32
        +3

        The blue car isn't on the road, it's coming out of the sevice station. If the blue car was on the road, then that would be fair enough, it isn't.

  • Vote for Pedro on 01/10/2020 - 09:20
    +1

    Heres the thing. If the blue car hit OPs car it would have likely been on OPs nearside front or door. To me, that means the OP crossed in front of the blue car.

  • giventofly on 01/10/2020 - 10:39
    +2

    Blue Car was correct - I think next time motion for them to come out if it's safe.

  • ATangk on 01/10/2020 - 10:53

    Blue car is legally in the wrong, but if a crash occurs it would be the dash cam drivers fault for not predicting the obvious.

    • Vote for Pedro on 01/10/2020 - 11:01

      That makes no sense

      • ATangk on 01/10/2020 - 11:02

        Moral fault for DC, legal fault of blue.

        • telby on 01/10/2020 - 11:15
          +1

          Yes, that's right. Personally I would of waited for the blue car to go. I always look at all contingencies when on the road. I think that is due to being a motor bike rider for over 30 years, and kept me out of harms way.

    • compugrid on 02/10/2020 - 09:46
      +1

      at the moment of the possible collision, the Blue car would be already on the main road and the OP would collide to the car that he should give the way. The blue car would be on the main road for 1-2 meters already

    • compugrid on 02/10/2020 - 21:23
      -1

      There is no such rule as a dashcam and not predicting the obvious! almost 250 think that the blue car is in the wrong is WRONG! The blue car is on ANZAC at the moment OP's car turns. The islands show that the driveway is on ANZAC which is the main road and in front of OP's car. At least almost 350 people think correct that the blue car is on the main road and it should go home first in one piece :) but the 250 people are just signature for disaster, that;'s sad :(

      • ATangk on 02/10/2020 - 23:25
        +3

        Regardless of what you think, the blue car is entering a roadway whereas the dash cam is already on the roadway, thus has all right of way. Front two wheels on the road does not mean it has right of way. Even if the dash cam vehicle hasn’t moved, the blue car still doesn’t have right of way until ALL traffic is clear.

  • Mosha on 01/10/2020 - 11:23

    After a wonderful evening in Ozbargain road rule court (I genuinely love these posts). If I were in either vehicle (OP or Blue Car) I would of waited longer to negotiate the traffic, I would argue both are partially responsible for this incident, there are things in the video and rules that are too close to call. We have arguments ranging from blue car wasn’t on road yet and who was in the most “dangerous” situation, but after watching the video multiple times, both drivers elected to proceed onto the main road, only after the black car passed, which nearly led them to collide. I don’t think strictly applying road rules should exonerate either driver, neither of them anticipate each other’s actions after black vehicle had passed.

    • telby on 01/10/2020 - 11:30

      You should of put at the end. Peace out…drops mic

      • Hangryuman on 01/10/2020 - 11:37
        +1

        I would of not sed wot u did - peace off bro … ;-)

  • Hangryuman on 01/10/2020 - 11:35
    +1

    good info provision !

    having repeat watched the video and seen the location

    my first thought was - that's a dangerous location - complex intersection on a curve - with a nasty pointy white line bit coming out of that service station - obviously after previous crashes there - did you see the blue car crossed the white line so effectively broke the law there maybe

    you can be right but dead - better to be alive

    so - defensive driving - what I would have done - noticing the blue car with indicator flashing ready to come out of the station - I would have waited for them to make their move - knowing they're going to be mainly looking to their right at oncoming traffic in the lane / direction they want to join

    you didn't do that - then found yourself having to brake to avoid hitting the blue car - which left you in a dangerous position risking being side impacted by any car coming on the main road who expected you to be gone and now instead stopped dead in front of them - they may not brake in time if they weren't fully attentive (staring down at - thumbing smartphone - 'be home to cook dinner soon kids' !)

    so - while technically the blue car should've given way to all vehicles before entering or leaving a property, you should also have given way to avoid an accident - rule number one - avoid accidents !

    when I rode motorbikes my maxim was to assume every other vehicle on the road was trying to kill me - and drive accordingly - to avoid every other idiot who I simply expected to do the wrong thing

    that way you don't get into situations like this - pause, smile, wave at the idiot, mutter under your breath, then proceed on your lovely way …

  • Kranbone on 01/10/2020 - 12:28
    +2

    Blue car is in the wrong. It is not deemed as being on the road (priority is given to other cars currently on the road).

    • Kranbone on 01/10/2020 - 13:34

      wow, already down voted by some people who can't drive, lol.

      rules are you have to give way to people on the road, the dash cam driver is classed as on the road. the blue car is entering the road.

  • Mister Popo on 01/10/2020 - 13:56
    +4

    Easy, overriding rule is blue must give way to cars on the road. OP did not need to give way as blue was not yet on the road as OP started the turn.

  • Mokr on 01/10/2020 - 14:26

    I find that these types of accidents can also occur with a car turning into a main road.

    And at the same time a parked car on that main road entering traffic.

    Its just hard for the parked car to assume, a car turning will enter. Most people just look back, to check the road is clear.

    Still as a driver you need to drive more defensive, i would turn a bit slowler because you can't be sure if the other driver will give way or think it has right.

  • ilaughwaytoomuch on 01/10/2020 - 14:28
    +9

    Its clear as day that the blue car was wrong, it's not even slightly ambiguous. all drivers entering the road must give way to all drivers..

    at time of writing

    256 voted blue car was correct
    159 voted blue car was wrong

    It's concerning that majority of voters don't know the road rules..

    • compugrid on 02/10/2020 - 09:47
      -5

      Majority of votes done by those who do understand the rules that you are missing to understand: at the moment of the possible collision, the Blue car would be already on the main road and the OP would collide to the car that he should give the way. The blue car would be on the main road for 1-2 meters already

      • ATangk on 02/10/2020 - 23:29
        +6

        By your logic I can pull out on the highway from an emergency telephone, and because my car has already pulled out, the truck going 110kph behind me should have predicted me pulling out, slowed and stopped for me. You must give way to all traffic if you are not yet on the road.

        • compugrid on 03/10/2020 - 09:19
          -2

          You just made a point. The blue car has to let go every one from the right in the same traffic direction. The same as it is on highway. If the blue car pull out on the highway it will let go all the traffic from the right which is in the same direction. And if there is someone on highway pulls from the left to that pocket- from your ridiculous example like op did. The OP should give the car on the highway the right of way. Such a dumb example, The blue car let the black car ( the car on the anzac from the right direction)) go which is yr Hwy example. I said nothing wrong, your example doesn't make sense.
          In addition from my own experience. I was turning left to a main road on the T junction. I looked right , no cars and turned left , when another car from the left collided with me. He was on the main road and he was wrong. Even he was on the main road he should keep left and not take the side of the incoming traffic. I was doing safe left letting every one go from the right. My example is similar to the blue car. The blue car let everyone go from the left (main road) and then Blue car is on the main road itself and has priority. My example is more applicable.

          • ATangk on 03/10/2020 - 09:51
            +1

            @compugrid: That’s because your example has two flaws: you were already on a road, and if the driver collided he either clearly crossed the road to the other side, or you turned wide when going left.

            The first reason in your example is not applicable here, the second one is blatantly poor driving.

            A highway is limited to one way traffic because of the medium strip. But it doesn’t change the fact that the dash cam driver is already in the stream of traffic and the blue car is joining a public roadway.

            • compugrid on 03/10/2020 - 10:06
              -2

              @ATangk: That why yr example with highway is dumb. You should give closer example to the situation. The blue car is already on the main road. Case is closed. there are more people are thinking that Blue car is right. Do you even consider yourself being wrong? I did have considered that I might be wrong, but reading the rules and being approx in similar situation telling me that blue car doesn't have to let the OP's car go , because he is simply already on the main road . get a life.

              • ATangk on 03/10/2020 - 12:07
                +3

                @compugrid: The car is not on the main road though, it’s pulling out of a drive way. Whether it has completed this or not doesn’t matter it needs to give way and not impede any traffic. Hence the highway example is still valid.

                • compugrid on 03/10/2020 - 12:10
                  -2

                  @ATangk: The Op's car is turning to right from main road and hence has to give a way to all traffic on the main road. watch the video: the island are on the main road ANZAC Ave , the blue car was on the island. Read the rules. stop replying.

    • itsasteal on 03/10/2020 - 00:27

      It is you that doesn't understand the road rules. You have to give way to oncoming traffic only. the blue car did this while the op did not. You are driving dangerously if you don't understand this. Go and look at a learner driver book and see, always give way to oncoming traffic.

    • No ONE on 03/10/2020 - 10:59
      -1

      Yet you think you know the rule. Here is the rule for you:

      74 Giving way when entering a road from a road related area or adjacent land
      (1) A driver entering a road from a road related area, or adjacent land, without traffic lights or a stop sign, stop line, give way sign or give way line must give way to—
      (a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road related area or adjacent land), and…

      You are in the wrong assumption. Back your comment by the road rule, and by your gut feeling that you know the road rule. Blue is right, op is wrong.

      • Bjingo on 05/10/2020 - 13:18

        I don't understand why did you highlight the title of the rule and the only part that does not apply. OP is not a vehicle turning right into the road from a road related area or adjacent land, OP is a vehicle traveling on the road.

        I even had a further read of that rule you mentioned regarding who the blue car must give way to and highlighted the most relevant parts;

        74 Giving way when entering a road from a road related area or adjacent land

        (1) A driver entering a road from a road related area, or adjacent land, without traffic lights or a stop sign, stop line, give way sign or give way line must give way to—

        (a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road related area or adjacent land), and

        (b) any pedestrian on the road, and

        (c) any vehicle or pedestrian on any road related area that the driver crosses to enter the road, and

        (d) for a driver entering the road from a road related area—

            (i)  any pedestrian on the road related area, and

    (ii)  **any other vehicle ahead of the driver’s vehicle or approaching from the left or right.**

        (D)(ii) is literally this situation.

        Blue car entering from road related area, OP ahead of blue car on the right, and to say OP was not ahead would be ridiculous, as OP only has a clear view of the front windscreen of the blue car, to say he was anything but infront of the blue car would be ludicrous.

        I am only commenting on who by law should have given way, I am not commenting on whether or not OP should have been cautious or observant of blue car.

        • No ONE on 05/10/2020 - 18:17
          -2

          The highlight is that blue car didn't need to give way to op. So it is op that needs to give way.

          (a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road related area or adjacent land)

          Op is the one "car" turning right. So, blue car takes priority. Others have mentioned rule 72 that would apply to op.

          • apsilon on 05/10/2020 - 18:56
            +4

            @No ONE:

            Op is the one "car" turning right. So, blue car takes priority. Others have mentioned rule 72 that would apply to op

            You're missing, or ignoring, the part where OP isn't turning "from a road related area or adjacent land". OP is on the road. Blue car is not. They both commence there turns pretty much simultaneously.

            • Bjingo on 06/10/2020 - 11:13

              @apsilon: I thought I had forgotten to mention this as my point, but it was the first 2 sentences.

  • luffyex2010 on 01/10/2020 - 17:42
    +1

    I think nobody is wrong, just bad road design as the servo exit is just way too close to the turning road.

    Since we can't read minds, rta won't be installing a give way sign, it's best to let any cars go first before you make your next turn in the near future.

    That way you don't have to worry about a collision.

    • compugrid on 02/10/2020 - 21:26

      They actually have seen the dilemma here, hence they draw the islands to emphasise that the driveway is part of the main road Anzac.

  • WillowTT on 01/10/2020 - 17:51
    -1

    I think whoever enters first has right of way.

    However, in this scenario I would always give way to the Blue car, especially if there's oncoming traffic.

    In this scenario you did the right thing - but I would drive more slowly during the turn - expecting the Blue car to come out.

  • Bammers on 01/10/2020 - 18:25
    -1

    You cut infront of oncoming traffic….. you need to go back to basics.

    • ratman on 02/10/2020 - 08:14
      +1

      This, I dont understand the downvotes.

  • HeWhoKnows on 01/10/2020 - 18:38
    -2

    This post highlights the huge problems with Australian Drivers.
    We are more concerned about who has right of way instead of applying common courtesy and road safety above all else.

    The onus is on ALL DRIVERS TO DRIVE SAFELY AND AVOID ACCIDENTS regardless of who has right of way!

    If you travel overseas to London, LA or even the Pacific islands you find common courtesy applies at all times.
    Yes some parts of Europe are different and in fact very agressive drivers (Athens, Paris) but Aussies top them all imposing thier right of way.

    • spersephone on 01/10/2020 - 18:45
      +1

      There is still the law which says who has to give way in a particular situation.

      • Bjingo on 01/10/2020 - 19:56

        Yeah this whole thing has nothing to do with good or bad driving. Its about whether the person turning right to leave the main road has the legal obligation to to give way. or if the person turning left onto the main road has the legal obligation to to give way.
        Lets not bring driving based on changing circumstances into a discussion about the law.

    • itsasteal on 03/10/2020 - 00:30

      That is WRONG!!! you need to follow the rules as they apply or people get confused and it all goes to shit. Understanding and following the rules is the courtesy. Other observers will not understand that you are going to sidestep the rules to be 'courteous' ad then they may take action thinking you are going to follow the rules.

    • Sensei888 on 07/10/2020 - 08:59
      +1

      I've seen people hit the brakes to be courteous and let someone in who doesn't have right of way. All the cars behind smashed into the back of them.

  • Bjingo on 01/10/2020 - 19:59
    +7

    I drew a MS paint picture of the scene presented before pre car driving past them.

    https://imgur.com/a/yO4Mfgn

    I am very proud of it.

    • freefall101 on 02/10/2020 - 02:02
      +2

      Bloody hell, when you said MS paint I was expecting a Picasso rendition of two dogs fighting over a turkey carcass.

      That's a fantastic illustration of the scenario.

    • Hank Scorpion on 03/10/2020 - 17:54

      Actually it's slightly wrong :)

      The blue car pulled out across the painted island. It seems that could be why that island is there.

      • Bjingo on 05/10/2020 - 04:10

        My bad I was drawing how They should have turned not how they did

        • Hank Scorpion on 06/10/2020 - 18:15

          I'm just having a lend, good drawing.

          If the servo car didn't cut it and came out around the painted island they would've seen the OP about to turn, that's why I think it's marked like that.

      • Agret on 05/10/2020 - 15:20

        Blue car would've been pulling out onto the road but then saw OP turning at the last second and had to quickly adjust his line trying to avoid hitting him which is why he went over the island

  • justwii on 01/10/2020 - 20:22

    Let me explain to you OP, say you are trying to make a right turn, you need to wait for those cars that would come from your left of where you are heading to.

    That being said, the blue car was wrong!

    The last white car had driven pass the blue car by the time you got there and the blue car had its chance to go ahead, yet for whatever reason it decided to wait for another 7 secs until the black car drove pass it. If I were you, I would be thinking the blue car had no intend to get into the traffic (may be it was just parking there waiting for someone), so it was perfectly normal for you to ignore it and went ahead. Then at that moment it decided to come out, as if the blue car driver was saying "Surprise Mothafu…!".

    • itsasteal on 03/10/2020 - 00:32

      Wrong, the blue car was doing what it is supposed to do, proceed when there is no oncoming traffic.

  • djmm on 01/10/2020 - 22:21

    You didn't stop long enough at the first intersection

  • wingrider on 02/10/2020 - 06:52
    -2

    From the video, Isnt the turn like an uturn? while performing uturn you should give way to all other traffic. In that sense blue car is correct. It is signaling left.

    The idea of giving way to traffic on main road doesnt apply to uturn. Here definitely by the roads position it will be considered as a uturn rather than just turn right.

  • ratman on 02/10/2020 - 08:12
    -2

    Blue car definetly correct. I cant see how there are so many votes the other way, or how anyone could he confused by the road rules.

    Doesn't matter if the blue car is joining the main road 10m or 100m or 1km from where you need to cross the main road, it will always have right of way.

  • JungliChilli on 02/10/2020 - 08:21

    Based on vast range comments I've just read (mind you I didn't even get to the second page), I will continue my practice of driving defensively.

  • alisso on 02/10/2020 - 08:43
    -2

    I think the blue car did the wrong thing, but once they'd DONE the wrong thing, it was on you as much as them to avoid a possible accident. You were facing each other, each of you were in a position to see each other, and you should both have been paying attention to your surroundings.

    The way my driving instructor explained it to me, all drivers, all the time, are responsible for avoiding accidents. Sometimes, that means holding back and watching someone break the law, or do something dubious, if that's safer.

    In this instance, your best bet might have been trying to make eye-contact with the driver of the blue car. It's not hugely clear in the video, but I think they were only looking to their right, watching for a gap in the traffic. They weren't looking for or expecting someone to be turning into that side road. If you'd tried to catch their eye, you would have seen that they weren't paying attention to you, and could have waited for them to either notice you, or complete their turn and or get out of your way.

    The letter of the law is one thing, but driving safely is always more important.

  • digitalbath on 02/10/2020 - 09:32
    +1

    Blue car is probably in the wrong. But you should have been able to see and predict what was going to happen here.
    If you didn't even see the blue car initially, then I doubt your sense of awareness is very good.

    • itsasteal on 03/10/2020 - 00:34

      Blue car waited for oncoming traffic to pass an then proceeded, Op did not. OP is in the wrong.

  • sirneko on 02/10/2020 - 09:35
    +2

    Blue car has the right of way since he's merging and you're crossing incoming traffic

    • lainey13 on 02/10/2020 - 10:55
      +6

      They are not MERGING, they are entering traffic (note they were propped on a FOOTPATH that was the exit of a petrol station) and not giving way to OP car already in traffic (eg already on the road).

  • compugrid on 02/10/2020 - 09:53

    at the moment of the possible collision, the Blue car would be already on the main road and the OP would collide to the car that he should give the way to. The blue car would be on the main road for 1-2 meters or less already. For some reason many drivers here voted to say the blue car is in the wrong. But the blue car is not wrong. The blue car would say he avoided the collision going thru the islands, he was on the main road. The OP would have had collided to the car on the main road… How is that right? The Blue car entered the road first not by timing but at the earlier location because of the geography of the driveway before the OP's crossed the road. Beside that, the OP could and did avoid the collision because he sees the blue car in front of him. while the Blue car knows that the only traffic he might have while merging the main road is from the right of the main road. the Blue car already merged and Blue car is the car on the main road already. From over 500 votes 200+ already voted that the Blue car is wrong. If I would be in the blue car with kids on the right side of the passenger rear seats, they and me we all would be in injuries from 200+ drivers that voted wrong here thinking they would follow the law. It is scary.

    • Bjingo on 02/10/2020 - 12:46
      +1

      At the moment of possible collision the blue car was on Anzac Ave facing the wrong direction. The video never shows the blue car enter the main road. That painted island is to create separate turning locations for entering Braxland, the broken line continues past the island to show this as well as show the edge of Blaxland road.

      I posted some stills which I highlighted to make it more obvious;

      https://imgur.com/a/oaFBpRQ

      • compugrid on 02/10/2020 - 13:21

        Good work , but the question is: is the driveway on Braxland or on Anzac? In the video the Driveway looks like part of the main road - Anzac. What was in the Blue car's driver's head no one knows. Was he drunk, deciding where to go (braxland or Anzac) or was he avoiding the collision? My answer is based on the fact that the driveway is on Anzac, hence the island drown to emphasize the fact that the driveway is the part of the main road. That how is the police will see it. If the driveway is on Braxland…. (your slides do not convinced me yet) then it is totally different story. The driveway on Anzac- the blue cars is right, if the driveway is on Braxland - the blue car is in wrong.

        • Bjingo on 02/10/2020 - 15:16

          I would say the driveway is not on either street, the driveway is a part of 7/11 and ends at Braxland with the divide being the same dotted line that shows where Anzac Ave ends.

          The purpose of painted island is to deter drivers from driving in that direction as it is unsafe, in this case because you would be driving into Anzac Ave from the wrong direction.

          With regards to the blue car driving through the island with the intention of avoiding an accident, the only reason an accident almost occurred is because they drove over the painted island. they stopped to turn onto Braxland road a whole car length from the road then turned directly into the painted island, hardly a response to a potential accident.

          If I had to guess what the blue car was thinking. I'd guess the blue car just had no idea what to do at the 7/11 exit which is why they stopped on the sidewalk instead of next to Braxland road, did not see OP approach with the intention of turning then they turned into the painted island because they were so far from the road which lead to them being on the wrong road going the wrong direction on that road and only then noticed the other car, panicked, and went lead foot.

          • compugrid on 02/10/2020 - 21:16

            @Bjingo: As per yr drawing my guess is the islands is to make the driveway as a part of Anzac, so in case of the accident, it will b easy to interpreter the rules. The blue car is on Anzac and then if they want they can turn left or proceed straight. In either case, the blue car is on Anzac after turning from the driveway before OP and OP should have had given it the way. I agree with hectic blue car's driver behaviour. However, if the blue car did not cross the island it would be more likely an accident. The blue car would hit the Op's car or else. The blue driver's crazy behaviour let the OP prevent the accident by the timing and by distance. Was it the other way it would be a collision and insurance discussion here. :)

    • picket23 on 02/10/2020 - 15:04
      +1

      at the moment of the possible collision, the Blue car would be already on the main road and the OP would collide to the car that he should give the way to. The blue car would be on the main road for 1-2 meters

      Yeah like that time I pulled out into traffic from a giveway line, turning left onto a main road. Courts ruled in my favour becuase I managed to get 1-2 meters onto the main road before being rear ended. /s

      What sort of reasoning is "at the moment of collision car was on x road therefore you should have given way to them"? Statements like that are what is scary.

      • compugrid on 03/10/2020 - 10:17

        Maybe it is scary, but ruled in your favor because you were on the main road . I was front ended pulling from giveaway from incoming traffic on the main road. In my favor too, because i was doing safe left and the other car was driving in the middle of the road. In this case the Blue car is on the main road already and the OP has to give it away. The moral part is of cause we are on the OP's side, But in case of the accident it will ruled in the Blue car favor.

  • MayhemVC on 02/10/2020 - 12:58
    +5

    You were already on the road. The blue car was entering the road. The blue car is required to give way to all traffic on the road.

    Having said that it's hard for the driver of the blue car to look in both directions at once but I'm pretty sure you have right of way.

    • compugrid on 02/10/2020 - 13:25
      -3

      Really You sure? Even if the driveway in on Anzac and the Blue car driver is already turned and he is on the main road in front of the OP? How that looks like ?

    • itsasteal on 03/10/2020 - 00:40
      -3

      You have to give way to oncoming traffic. The blue car did that and proceeded. Op did not, he proceeded when there was oncoming traffic. Think of it as the blue car driving really slowly and op tries to go quickly before blue car arrives. Blue car entered when the road was clear of oncoming traffic.

      • compugrid on 03/10/2020 - 10:18

        Thank you + for that.

  • casey2 on 02/10/2020 - 14:43
    +1

    Lots of opinions so here's another one.
    While I've put in that the Blue car should have given way, the majority of people saying you should have driven defensively is 100% correct.

    It's clear that the Blue car had been waiting a while and may have been looking both ways at some point, but the 4 seconds that elapsed between you getting to the intersection and them going, was probably consumed by them timing the black car and entering. There's a good chance that you weren't seen by Blue approaching and then were blocked by the black car as you crossed.

    So, yeah, you were in the right, but did the wrong thing.

    • rubygoldie on 02/10/2020 - 21:57

      You had the right of way as you were on the main road turning into a side street. The blue car was in a side street (in this case the exit from the servo) and entering the main road. The blue car has to give way to cars on the main road irregardless of how long it has waited to merge into the main road. Nonetheless even if you were in the right, as mentioned by others you are better off driving defensively and "give way" to the other driver as the blue car driver might not have seen you coming and you had a clear view of what it was doing.

  • DiscoJango on 02/10/2020 - 22:42
    -5

    The ozmoron community truly gets more retarded by the day. The amount of people here who think the blue car is in the wrong? Just wow.

    • itsasteal on 03/10/2020 - 00:41
      +4

      Thats because you don't know the road rules. Go check it with your nearest driving license center and you will be surprised.

      • DiscoJango on 03/10/2020 - 09:06
        -1

        One thing everyone seems to also miss is the op's complete lack of situational awareness: any sensible driver would see that the blue car will intend to pull out onto the main road, and it is very difficult to look to your right, because, why should you? all the blue car needs to confirm is that there is no traffic coming his way. Its clear from the video that OP had zero clue that the bule car would intend to turn.

        the op also has the reflexes and reaction time of a sloth. the blue car was in motion for a long time and op kept, kept going and nearly t-boned him.

        This also clearly indicates that the op wasnt even remotely looking at the blue car by the way they just kept going and only braked when the car was centimeters from a collision

        sorry, but op is in the complete wrong in this situation, and the fact that they need to come on here and post a video asking for justification proves that.

        ps: i see it time and time again, anyone that has a dashcam, cannot drive for shit, and op's post proves this. anyone that has a dashcam essentially knows their a shit driver, and needs it as proof/justification for when they do eventually do something utterly stupid, as in the case of this post.

        • JungliChilli on 04/10/2020 - 09:36

          Hang on.. There's a difference between road rules and driving defensively (what you call situational awareness). You are saying op is in the wrong and their situation awareness is also wrong. This is where you are wrong. Yes maybe op could have done better with being more defensive. But this doesn't permit the blue car to go around and break rules. As itsasteal said, it would be a good idea to go back and read the rules unless the state/territory you reside in has no such rule..

          • DiscoJango on 04/10/2020 - 10:05

            @JungliChilli: Essentially, yes. Im so used to a majority of the drivers out there doing dumb things that i now 100% expect them to do it, and adjust my driving accordingly. You notice it even more when you drive into certain demographic areas, there is absolutely zero concept of any road rules at all.

        • skeuu on 05/10/2020 - 19:09

          If you think it’s not possible for the blue car driver to look in the direction they were going then you must be in a lot of accidents.

  • telljoolz on 03/10/2020 - 00:03

    The blue car is in the wrong. It failed to come onto the road safely.

    Some counter points to some others:

    1. "The blue car is already on the road, therefore OP is in the wrong"
      No. If you dash out in front of a moving vehicle you could very well get hit. Just because you were in their trajectory first doesn't make you right. The blue car was not on any road initially and was only on the road during the near miss because it performed a dangerous maneuver to get there and didn't give way before exiting the driveway. Just like if you get T-boned coming out of a T intersection, you made it on the road main road, but failed to do it safely.

    2. "The blue car is in the wrong, however OP should have driven more defensively".
      Well nobody crashed thankfully, and I think its due to both people making the necessary adjustments in time… I.e. that's defensive to me, proven by no collision.

    3. "There is no right of way, only defensive driving"
      What? In the event of a crash, someone is going to determine whose at fault. Road rules are law in which there definitely is a right and wrong. So saying drive defensively isn't answering OPs question at all.

  • itsasteal on 03/10/2020 - 00:20
    -1

    The blue car is is the right. It was joining a road with no on coming traffic (the stuff to it's right) and even though the distance to you was short, it then forms oncoming traffic to you which is your responsibility to avoid. Imagine that it joined the road 50m away from you and you then went really slowly and it reached you before you completed your turn. It would then be more obvious how the blue car was in the right. Just because the distance is less does not negate this rule and you must wait until it has completed it's move and it is clear for you to go.

    Simple rule is always give way to oncoming traffic. Then again people don't know the road rules. I had a woman shake her fist at me because I didn't let her in while going around a roundabout (there wasn't even any car behind me lol)

  • Budju on 03/10/2020 - 06:54
    +4

    I can't see the video but there is an order of precedence when it comes to arterial roads and side street / private property. You give way to everything on the main road if you are coming out of a service station.

    As you can see from the poll half of everyone has no idea what the rules are so just be very careful always and expect everyone to do the wrong thing.

  • aero11 on 03/10/2020 - 08:44
    +2

    Blue car was in the wrong - yes, but you should be conscious of the fact that this rule may not be understood by all drivers (I mean look at the poll). Most of us I think would have anticipated that the blue car is likely to turn without giving way to you - thus follow the rule of 'turn when safe' in this situation.

  • Zonty on 03/10/2020 - 13:25

    If you leave own lane to go other lane normally you need check any incoming traffic before go other lane.As per video you was changing Lane by turning right, where blue car had to merge in lane so i think blue car might be not responsible if you had accident because He would be focusing more car coming from behind where You would able to see clearly blue car intention. But what I see blue car also might hold responsible if some other car hit from right because he was driving carelessly.

  • Baghern on 03/10/2020 - 13:25
    +6

    very surprised by the results.

    I thought it as pretty simple, blue car was entering traffic, therefore needs to give way

  • skeuu on 03/10/2020 - 21:14

    The blue car is clearly in the wrong. The car with the dash-cam was already on the road turning and there was not enough time from the blue car leaving the driveway and them crossing in the path of the dash-cam car.

    Some people seem to think that once they entered the road they then became the oncoming traffic and no longer on the driveway but this is an untenable position. If we applied the same logic to traffic coming from the right for them, if they pulled out quickly in front of another car, the other traffic would have to stop for them as they would now be the car in front. This would not makes no sense.

  • MementoMori on 03/10/2020 - 21:24
    +1

    Blue car is wrong.

    Blue car must give way to ALL traffic on the intersecting carriageway, including those turning.

    It's very clear in the laws, but a common misunderstanding.

  • diddy50 on 03/10/2020 - 21:30

    I'd rather avoid a crash, than be in the right and dead, injured etc.

  • LordSydney on 03/10/2020 - 23:55
    +1

    Blue car definitely in the wrong. I can't believe there's so many upvotes for them being right, then again, it makes sense… this is ozbargain after all.

    The line markings indicate they were still within a road related area and technically speaking they drove over a median strip.

  • HASS on 04/10/2020 - 00:19
    -2

    Blue car had the right of way on following reasons
    1. He is standing there before you to exit from pump and enter the road.
    2. His attention is towards right on incoming traffic.
    3. His turn signal is ON once you reach there.
    4. He might not have seen you but you have seen him as you are also looking left to clear traffic.
    5. Pump exit is a potential accident prone area and traffic turning right must be aware of this exit as it is in your full scan area.

    • JungliChilli on 04/10/2020 - 09:44
      +1

      LulZ? Points 1 2 and 3 all tell me the blue car does has not given way to all traffic on the road.

    • Ughhh on 04/10/2020 - 12:41
      +2

      Please show where points 1-5 are in the road rules book.

  • Bjingo on 06/10/2020 - 19:03
    +1

    This is all kind of wild to me, a situation for those that say blue was right just for my own curiosity.

    If you wanted to turn left from your driveway to the road and your neighbor wanted to turn right from the road into their driveway. Do you guys think they have to give way to you?

  • iand on 07/10/2020 - 20:13
    +1

    looks like over 58% of the people voting either don't know or don't care about the road rules this is why people should have cameras and comprehensive insurance

  • RubenM on 12/10/2020 - 09:15
    +2

    How on earth is the blue car winning this poll?

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