2 Right Lanes Turning, Crash Intersection Who Is at Fault?

Lmushi on 30/10/2020 - 11:46
Last edited 30/10/2020 - 12:27 by 1 other user

Hi OzBargain,

My wife got into an accident while at an intersection when turning right (2 lanes turn right). Both claim each other claim the can into each others lane. My wife car bumper got swiped and came off, other car was a plumbing car and got swiped at the back half of the car.. My wife goes he came close to her and then swiped when turning right.

Observing the intersection, most cars from right lane go into the left lane, as right after turn they need to merge right. Who is at fault here?

Wife car A, plumbing car B. Diagram.

Automotive

Comments

    • factor on 31/10/2020 - 18:58
      +1

      As no side can demonstrate on the balance of probabilities the other was at fault — no liability is owed to either car. It is not a 50:50 split, it's a matter of fix your own asset as no side can prove anything.

  • Brick Tamland on 31/10/2020 - 19:24
    +2

    So often see drivers in these double lane intersections casually change lanes during the turn. Usually it’s the car in the inside lane that meanders over to the left.

  • Daff on 01/11/2020 - 00:21

    I feel like the plumbers insurance will try their luck reclaiming cost of repairs from your wife, if she responds that she believes he was at fault, then they'll probably give up. So he'll be not at fault from insurance perspective, but you are pretty unlikely to get anything from them either.

  • gromit on 01/11/2020 - 07:36
    +1

    " most cars from right lane go into the left lane, as right after turn they need to merge right. Who is at fault here?"

    I gather you put this part in as this is what your wife attempted to do? if so she is at fault. Just because most cars do something is not an excuse to break the law. You cannot change lanes while making the turn, you either need to be in the left lane prior to the turn or indicate and merge left AFTER the turn is complete.

  • DoctorCalculon on 01/11/2020 - 09:44

    You should have created a poll, OP.

  • vivasawadee on 01/11/2020 - 14:31
    +1

    Judging by the MS paint diagram, car A is at fault. This assessment is based on the location of the damage of both cars and also I have had half a bottle of wine.

  • smartazz104 on 01/11/2020 - 14:50

    Observing the intersection, most cars from right lane go into the left lane, as right after turn they need to merge right. Who is at fault here?

    So did your wife do exactly that?

  • redslert on 01/11/2020 - 15:32

    Car-A at fault as it is from behind.

  • [Deactivated] on 01/11/2020 - 16:15
    +4

    Guaranteed your wife is at fault.

    The amount of times ive seen people turn into the outside lane from the inside lane on a dual turn astounds me.

    Ive never ever seen someone turn into the inside lane from the outside.

    • whooah1979 on 01/11/2020 - 17:27

      It is more common for drivers to go wide than go short. Some even change lanes from the inside to outside lane in the middle of the intersection.

    • kiitos on 01/11/2020 - 19:39
      -1

      What do you consider the outside lane? I thought the outside lane is the one nearest the centre of the road. Or are you talking about left turns?

      • [Deactivated] on 01/11/2020 - 22:36

        Car B in diagram would be the outside lane.

        • kiitos on 02/11/2020 - 19:34
          -1

          That's odd, is it different terminology for turns vs just a normal road or highway? I can only see Google results for outside lane = lane furthest from kerb.

          Not being argumentative, genuinely confused.

          • [Deactivated] on 03/11/2020 - 10:53

            @kiitos: You're trying to over complicate things and confusing yourself mate.

    • mushi on 02/11/2020 - 11:10

      standing at the intersection for 5mins, I can see most cars from the outside lanes come into the inside lane slightly.

    • mushi on 02/11/2020 - 14:33

      So Car A is the outside lane?

      My wife was in Car A,

      • capslock janitor on 02/11/2020 - 14:43

        outside lane = outer curve = Car B i believe

      • gromit on 03/11/2020 - 17:04

        basically if your wife tried to merge into the left lane while turning she is almost certainly at fault as it is illegal.

        • mushi on 03/11/2020 - 17:26

          she didnt, why would she want anyways? the left lane (in the 2 right turn lanes) is the one that ends. The outter lane (furthest from curb) continues on.

          • gromit on 03/11/2020 - 17:27

            @mushi: then why add this "most cars from right lane go into the left lane", if she wasn't doing that it isn't relevant what most cars do.

            • mushi on 03/11/2020 - 18:07

              @gromit: it was mistake on my part, I wanted to say "most cars from left lane (near to kerb) go into right lane (further from curb) when not turning as much"'

              • Willco88 on 03/11/2020 - 18:12

                @mushi: You stay in your own lane, end of story

  • Trying2SaveABuck on 01/11/2020 - 17:38

    It is a 50/50 without dashcam evidence, but based on common sense car A would of hit car B if car B over stepped lanes he/she would be less likely to hit car A then the otherway around due to being behind car A and should be able to see that he/she was slipping into car A lane and about to hit her.

    However you can argue both ways.

  • Butt Scratcher on 01/11/2020 - 19:38
    +1

    Observing the intersection, most cars from right lane go into the left lane, as right after turn they need to merge right. Who is at fault here?

    Why would "most" cars move from right lane to left lane, when the lane is about to merge into the right lane? Not that it is relevant, you're supposed to stay in your own lane until it is safe to merge.

    It does, however, kinda sounds like you are suggesting your wife might have understeered during the turn or getting ready to change lanes during the turn, but you are not too willing to tell that to us. I'm also leaning towards that way because your diagram suggests the other guy was in front, whilst your wife is a fair bit behind

    • mushi on 02/11/2020 - 11:12

      sorry mean the outside lane, you merger into the inside lane after the turn.

    • capslock janitor on 02/11/2020 - 14:55

      yeah got me scratching my head, not my butt.

  • CalmLemons on 02/11/2020 - 01:25

    Hate these intersections. I always stay in front or behind the car on me either side cause always going to be a degenerate who didn't refine their skills on need for speed before getting their licence.

    looks more like car A on the right would have understeered.

    would be car B if car B had to merge right after the turn.

  • Daniel Plainview on 02/11/2020 - 08:07

    I had something almost identical happen about 8yrs back - only thing that saved me was the other party lied too obviously and the physical damage didn't support their claims. Knowing how easy it was for the other party who WAS at fault to fabricate a lie that either made me the party at fault or at worst both of us at fault - I made sure I immediately bought a dashcam so this never happened again.

    Hard to believe an OzB member doesn't have a dashcam - even a cheap sub-$50 one would have been invaluable in this. Tough lesson to learn and there's really no excuse not to have one in every car you drive these days. I suspect it'll be no conclusive finding and so everyone loses.

    • mushi on 02/11/2020 - 11:10

      lesson learnt, get a dashcam, any recommendation?

      • whitelie on 03/11/2020 - 17:09
        +2

        Blackvue 750 front and back

  • Willco88 on 02/11/2020 - 16:03

    She was in the far right lane so she should continue into the farest lane, it looks like she cut into his lane and most likely without indicating? And yes usually you don't change lanes during the intersection, it's just common sense!!!

  • Willco88 on 02/11/2020 - 16:05

    She was in the far right lane so she should continue into the farest lane, it looks like she cut into his lane and most likely without indicating? And yes usually you don't change lanes during the intersection, it's just common sense!!!

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