Truck Hits Me as I Was Pulling out of The Driveway. Witness Says It Was His Fault

LChrizZ88 on 18/11/2022 - 21:16
Last edited 19/11/2022 - 12:51 by 1 other user

Hey guys, I just wanted to ask for your opinions on a car accident I had today.

Basically, I was trying to turn right from my driveway. There're two lanes I have to drive through in order to turn onto the other two lanes. The kerbside lane had cars parked there, just a bit further up from my driveway, which prevented traffic from travelling through that lane. On the outer lane, one of the cars left me a gap so I could pull out. I checked that there wasn't any moving traffic on all four lanes before I decided to pull out of the driveway.

However, as I barely pull out of the driveway, a truck on the kerbside lane hits me. At first, I thought it was my fault as I wasn't giving way, however a witness that was driving behind the truck said that the truck decided to switch lanes as I was pulling out of the driveway simultaneously to overtake the car that was leaving me a gap. The witness also said that the truck slammed on his accelerator as he was switching lanes, giving neither of us adequate time to reach.

I've already made a claim with my insurance company saying that it was the third-party's fault due to the witness's report, but I want your opinions. I have dashcam footage that I will take a look later, but the angle of view wouldn't be wide enough to determine whether indeed the truck switched lanes and drove into me at the same time as I pulled out of the driveway.

Cheers.

Automotive

Comments

  • Euphemistic on 18/11/2022 - 21:20
    +71

    Don’t think you’ll have much luck blaming the truck, but I wasn’t there.

    • Scrooge McDuck on 19/11/2022 - 16:09
      +33

      You should always wait for at least 2 lanes to be clear before entering a lane where you must give way. Vehicles in the adjacent lane have right of way to change lanes into the lane you intend to enter. This might mean waiting a long time but it's what you need to do to avoid a collision.

        • Domingo on 19/11/2022 - 22:55
          +8

          Two lanes is definitely the safer option, as you can't know if a driver on the road will change lanes. I generally assume other drivers have no common sense and will not avoid accidents, and it has served me well.

          In Victoria OP would be at fault here.

          Entering or leaving the road
          You must give way to all vehicles and pedestrians when you enter or leave the road from a driveway or adjacent land.

          Source: https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

          • Euphemistic on 20/11/2022 - 06:06
            +1

            @Domingo: Yes. Two lanes free is a better option, but not always possible or necessary.

            Assuming the other drives are incompetent is good defensive driving practice.

          • Intoxicoligist on 21/11/2022 - 17:56
            +1

            @Domingo: If he's entered the road at the same time the truck has changed lanes its going to be a close call. When he checked the lanes were clear, so he proceeded (as per road rules). If the truck has then changed lanes he can't very well stop as he's in the middle of the road, so the truck will have to give way (or crash into him, which happened). Truck is responsible for making sure the lane he's switching into is clear.

            • Domingo on 21/11/2022 - 19:37
              +1

              @Intoxicoligist: It's an unfortunate situation, but in my opinion the laws are pretty clear here. He entered a road from his driveway to do a right turn and was hit by a car travelling leftbound in a lane he had to cross.

              I'm pretty sure you aren't going to change your opinion and I'm not going to change mine, so we will have to agree to disagree.

              • Intoxicoligist on 22/11/2022 - 08:57

                @Domingo: I do get where you're coming from. I'm trying to make the point that if you check the lane and its clear, then proceed into the lane, and then the truck changes lanes, that the truck is at fault. It could literally be a matter of 10ths of a second. I do doubt that this was the case, and the driver in this case was relying on being waved in by the driver in the far lane. I can see how you could enter the roadway when it was clear only to find that the truck changed lanes after you pulled out meaning the lane is no longer clear, but you're already in the middle of it.

            • Euphemistic on 22/11/2022 - 06:59
              +1

              @Intoxicoligist: And the car shouldn’t be crossing a lane that has traffic coming.

      • Eeples on 21/11/2022 - 16:38
        -3

        There is no right of way on our roads. Or in the road rules. Unless you can provide a link that says ‘right of way’.

    • McFly on 20/11/2022 - 10:35

      but I wasn’t there.

      That's exactly what the truck driver would say.

      • capslock janitor on 20/11/2022 - 23:05

        PLEASE PROVIDE A DIAGRAM TL;DR GAHDAMMMIT

    • SnoozeAndLose on 20/11/2022 - 10:52
      +6

      The word "pulling out" dictated the outcome, thread close

      You need to be responsible whenever you are pulling out and expect the worst.

  • jjjaar on 18/11/2022 - 21:22
    +169

    You are entering the roadway. You must give way to everyone already on the road, even those performing a lane change, for whatever reason

    Drivers letting others in in two lane situations like this can be very dangerous.

    • dasher86 on 18/11/2022 - 22:48
      +33

      It's sometimes called the wave of death

    • Mokr on 19/11/2022 - 00:16
      +3

      Drivers letting others in in two lane situations like this can be very dangerous.

      Id blame the car who gave him the space.

      Now when I give space to let someone pass. I actively look out and warn cars of danger is apparent.

      • Sleeqb7 on 19/11/2022 - 10:48
        +5

        I too would blame the person who gave the space, but 'blame' and 'legally responsible' are two different things in this instance.
        Is it their fault? Their actions inadvertently caused it, so I'd say yes.
        But as far as legal responsibility goes, OP had to give way to all cars on the road, and they did not.

    • skittlebrau on 19/11/2022 - 14:55
      +7

      Drivers letting others in in two lane situations like this can be very dangerous.

      Indeed. That’s why it’s better to act predictably/correctly rather than try to be polite.

    • knk on 21/11/2022 - 10:50
      +1

      Exactly. Don't pull out unless 2 lanes are free or you risk being at fault when someone merges into you.

      • McFly on 21/11/2022 - 12:37

        Is that the law in QLD? If it isn't it should be, but I couldn't find anything saying that. Going up there for the holidays…

        • Euphemistic on 21/11/2022 - 13:37

          It’s not a thing. You must have to give way, which usually means not pulling out if there’s a risk of a car changing lanes into you.

        • knk on 21/11/2022 - 18:13

          It's not the law to leave multiple lanes free…but since you have to give way to everyone when turning in it's possible someone can change lanes and hit you, and for you to be at fault.

  • apsilon on 18/11/2022 - 21:22
    +76

    So truck made a safe and legal lane change and you pulled out in front of it?

    • Kangal on 20/11/2022 - 00:37
      -8

      I think it's a case of "he was in the wrong theoretically, but was in the right practically".

      Unfortunately whenever there's a crash involved, it always defaults to "in theory", so he's pretty much SoOL. I just wished that people who caused the accident (truck) but technically we're not at-fault could bear a bit of the blame. That way it would incentivise people to drive better, safer, and more courteous.

      Example, if I have the green but I see someone crossing the red, I do whatever is possible to avoid a collision. I don't have to. And when there's an accident it's not my fault. But we should reward safe driving and punish unsafe driving, hence if I proceeded and led to the accident that some of the onus is placed onto me given certain conditions (ie I was aware, I disregarded, I followed through with the accident, etc etc).

      • Skinnerr on 20/11/2022 - 11:48
        +5

        Bla bla, mental gymnastics.

      • Euphemistic on 20/11/2022 - 12:03
        +9

        The description of what the trick did is from the OP and inherently biased toward their position. It’s still remains that if entering a road you are responsible to give way to all other vehicles. Ergo, the OP is in the wrong, practically and theoretically.

        • Kangal on 20/11/2022 - 15:23
          -6

          Not practically because we simply do not know. All we know is the theoretical.

          When I was pulling out of my street, which hooks onto the main road, I saw a similar occurrence. There's two lanes and there were slow drivers in the far side, and the close side was free. I was sitting, signalled, waiting then began to merge. Then one of the cars decided to change lanes into me, no signal, and accelerating. The point was he was about to come to a stop at the red light and he wanted to be in the pole position, instead of in his lane behind two cars. I had to slam and swerve to avoid the accident which he caused. And any normal person would have had an accident there. But in theory I was in the wrong. Knowing all this, that's why I like to give OP the benefit of the doubt.

          • pegaxs on 20/11/2022 - 16:09
            +10

            @Kangal:

            All we know is the theoretical.

            No we don't, we know the factual. The fact is, the road rule is written that if you are entering a road from a road related area, you must give way too all other vehicles already on the road.

            If OP "gave way" to "all other vehicles", this thread would not exist.

            • Kangal on 20/11/2022 - 18:03
              -3

              @pegaxs: No you are wrong. We do not know the factual. Call it semantics, but I do not see any video footage. All we have is some subjective/vague descriptions from one perspective and the understanding of the theory and law.

              Now I'm not saying your assessment is wrong, what I'm saying is it COULD be wrong. Again, that was the point I tried to make initially.

              • Blitzfx on 20/11/2022 - 18:06
                +2

                @Kangal: Also relying on OP's recollection, and witness testimony.
                And we all now how reliable witness testimony is. Witness might have an agenda towards the truck driver for bad driving.

            • Blitzfx on 20/11/2022 - 18:04

              @pegaxs: What are the rules specifically? If the car is 10m up the road, 100m, 100000 miles?

              • Euphemistic on 20/11/2022 - 18:51
                +4

                @Blitzfx: If someone hit you, you didn’t give way. If they had to take evasive action, you didn’t give way. If you pulled out and the other vehicles did not need to react, you gave way. There is no measurable amount of giving way that you need to do, it’s dependent on the situation.

                Sometimes it appears muddied because the other vehicle did something stupid, but it’s still cut and dried. If you pulled out and there was a crash, you didn’t give way. In this country our driving culture is that most follow the rules and there is order on the roads. We are conditioned that cars will follow the rules and quite often when someone doesn’t do what ‘is expected’ then incidents occur, like this case.

                • Blitzfx on 21/11/2022 - 01:53
                  -1

                  @Euphemistic: What is obvious to us needs to be clearly written in the court if it ever goes down that way.
                  If I pulled out of a corner and the speed limit was 40, and someone was doing 200, there's no amount of line of sight distance which will allow you to react to someone going that fast. Are you going to say that it's the driver's fault for getting hit?

                  • Euphemistic on 21/11/2022 - 05:45

                    @Blitzfx: Of course someone was going to come back with an extreme example highlighting that in fact you’re not always at fault despite the rules being black and white. Yes, there are always exceptions but the exceptions are pretty unusual and are as a result of someone else breaking the rules, normally in a significant way.

                  • pegaxs on 21/11/2022 - 08:37
                    -2

                    @Blitzfx: Stupid analogy is stupid…

                    Anyway, to entertain your stupid analogy, 200km/h is 55m/s. 3 seconds is still 165m away. The best part about being human, is that even most idiots can estimate a car's speed as "holy crap that car is hooting along" without much training. And you would be able to see them coming, because 200km/h takes a while to get wound up to and requires pretty straight piece of road. Maybe you meant 2,000km/h??

                    Anyway, the best part of the road rules is that someone else's rule breaking behavior does not preclude you from adhering to the rules. You cant just break a road rule because someone else is. You cant just pull out in front of someone who is speeding and play the "well, they were speeding, so I am immune to the laws" card.

                    If someone was coming down the road towards you at 200km/h and you pulled out of your driveway without giving way to them, you would still be at fault. (InB4 before you get your panties in a bunch, yes, they too would also be in the shit for their driving)

                    TL;DR: Just because another driver is driving illegally, does not exempt you from your obligations under the road rules.

                    • Blitzfx on 22/11/2022 - 21:52

                      @pegaxs: blahblahblah

                      I've personally seen one accident at the top of the crest of the hill which only offers about 40-50m visibility, where someone tried to speed as fast as possible down the straight and up the hill.

                      And you gonna come here and say they're at fault

                  • McFly on 21/11/2022 - 12:38
                    +1

                    @Blitzfx: Please tell us you don't drive.

    • Intoxicoligist on 21/11/2022 - 17:57

      Depends. Was the guy already in the roadway when the truck changed lanes? If he's checked and then pulled out AND THEN the truck has changed lanes, thats on the truck for not making sure the lane he's changed into is clear. I dont think the timing will work out that way for this though, but if you check the road is clear then proceed you're following the road rules.

  • AustriaBargain on 18/11/2022 - 21:25
    +10

    Give us the footage.

    • OZKap on 18/11/2022 - 22:45
      +13

      Are MSPaint drawings at 10 seconds per frame an acceptable substitute?

  • Mike88 on 18/11/2022 - 21:38
    +24

    You need to give way to cars already on the road, you didn't give way and got hit.

  • Brucet on 18/11/2022 - 21:46
    +26

    Your fault, not truck.

      • Kangal on 20/11/2022 - 00:31
        +4

        Your truck, not fault

  • MS Paint on 18/11/2022 - 21:59
    +25

    Hand in your licence until you learn the road rules.

  • Any thing on 18/11/2022 - 22:05
    +4

    I have to agree that your first thoughts were most likely correct and that you failed to give way. It’ll be interesting to hear what the insurance company makes of it.

  • Miss B on 18/11/2022 - 22:13

    Ultimately, it's your responsibility to give way to all traffic on the road. If traffic is banked up there often, it may be worth pulling into the first lane even if it takes a bit longer going that way. It's hard enough getting across 4 lanes if you have good visibility.

  • Raeandy on 18/11/2022 - 22:16
    +1

    OP, go with your initial thoughts: Fail to give way from land abutting.

  • iNeed2Pee on 18/11/2022 - 22:26
    +9

    This is why you never ever go even if someone leaves a gap.
    I usually wave them along until you, yourself have a clear vision of where you need to get to.

    You are at fault.

    • Ughhh on 19/11/2022 - 04:05
      +6

      On top of this, if you do proceed forward but can't join the other side due to traffic, you'll look like a fool when you find yourself blocking the road.

  • Klonoah on 18/11/2022 - 23:14
    +21

    Yeah, always a risky move, I don't do it. I would instead turn left then take a U turn where it's safe or go around the block

    • Mike88 on 19/11/2022 - 06:50
      +13

      Wish more people would do this. Some busy roads can take several minutes to find a safe gap to turn right onto, most of the time it would take the driver less time go left and turn around. Safer to do so and doesn't hold up traffic behind you.

    • herecomestheoost on 19/11/2022 - 18:44

      Same here.

  • Mechz on 18/11/2022 - 23:17

    Yeah I don't like your chances there.

  • Mokr on 19/11/2022 - 00:18
    +4

    Ms paint

    • pegaxs on 19/11/2022 - 10:01
      +19

      i specialise in traffic laws

      Hahaha, then you're a shit "specialist".

      • Sleeqb7 on 19/11/2022 - 10:50
        +6

        Maybe they're a shitpost specialist?

        • Sex on 19/11/2022 - 13:57

          They're a toe giggling specialist..the worst type imo.

      • pharkurnell on 20/11/2022 - 12:53
        +1

        GOLD!!!! AND TRUE!

    • photonbuddy on 19/11/2022 - 14:24

      i specialise in traffic laws and have read your series of events.

      But you won't represent him for free …

      • giggle me toes on 19/11/2022 - 15:01
        -3

        I would not represent anyone for free, just like you wouldn't (profanity) every hole you see. It's common decency to get paid for your work.

        • photonbuddy on 19/11/2022 - 16:21
          +5

          It's common decency to get paid for your work.

          Not when your work is way below par … which, given your advice, it certainly is!

          A shit "specialist" indeed!

      • pharkurnell on 20/11/2022 - 12:54

        But you won't represent him for free …

        Would you want his expertise ?!

        • photonbuddy on 20/11/2022 - 13:26

          Would you want his expertise ?!

          Well … I wouldn't, because in this example, I'd have no use for his "expertise".

          OP, however, might want to. As they say, a fool and his money … and lawyers 🤣

    • pegaxs on 19/11/2022 - 09:42
      +9

      *I don't believe you.webm*

  • Loot N Plunder on 19/11/2022 - 07:38
    +2

    This is a basic driving lesson you should have learnt

    When driving into or out of a road-related area (such as a driveway or car park - see Glossary) or adjacent land, you must give way to all vehicles, bicycles and pedestrians on the road, footpath or road-related area

    https://mylicence.sa.gov.au/road-rules/the-drivers-handbook/…

  • Sinnerator on 19/11/2022 - 07:45

    Pop a cap in his a$$

  • AndyC1 on 19/11/2022 - 08:01

    Your at fault as you were entering the traffic from a driveway and you had to give way to all other traffic, which you did not.

  • TilacVIP on 19/11/2022 - 08:05
    +8

    unfortunately, most likely your fault.

    that witness has NFI of road rules

  • tomleonhart on 19/11/2022 - 08:08
    +8

    a NFI person telling another NFI person whose at fault. This is why eye witness are bs kind of evidence.

  • solidussnake on 19/11/2022 - 08:23
    +2

    Always assume people will change lanes etc don't just pull out in front of large trucks unless you want Jesus to take the wheel

  • RedFromBlue on 19/11/2022 - 08:43
    +1

    Really? I can't believe this question. Also question the use of the term accident in such a case. How long have you been driving for?

  • 2esc on 19/11/2022 - 08:45
    +4

    Your fault.

    As to truck slammed its accelerator on! What a load of rubbish you can stomp on a accelerator as hard as you like and the speed pick up of a truck is nothing compared to a car its even worse than their braking capabilities.

    Thats not to say he wasnt going too quick for the conditions and not scanning ahead down the road for idiots pulling out.

    Should have turned left as others have suggested then did a u-turn just look at it this way your poor choice didnt kill or injure others.

    We all make bad decisions hopefully we dont make the same mistake again.

  • Euphemistic on 19/11/2022 - 09:30
    +3

    What size/sort of truck? Most tricks the only thing stomping on the accelerator does is make a lot of black smoke.

  • original15 on 19/11/2022 - 09:54

    Don’t give the truck driver your dashcam footage..

  • pegaxs on 19/11/2022 - 09:56
    +19

    No poll. No MSPaint diagram. No self-incriminating dashcam. No fighting with everyone in the comments section. Very very poor form. 3/10.

    Both you AND your "witness" need to go back to driving school and sit down and read your state's road rules handbook. YOU need to give way to all other vehicles on the road if you are pulling out from a road related area….

    To start you on your path of road rule enlightenment, please have a look at Road Rule 74 (the same in most states)

    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)
    +
    (d)  for a driver entering the road from a road related area—
    (ii)  any other vehicle ahead of the driver’s vehicle or approaching from the left or right.

    100% the truck driver is going to dispute your claim.

  • filmer on 19/11/2022 - 09:57
    +1

    You aren't even supposed to pull out on a 2 lane road if the further lane is occupied as they have right of way to change lanes at any point. Not sure how you can argue the truck is at fault.

    • Eeples on 21/11/2022 - 16:45
      +1

      There is no ‘right of way’ in the road rules.

      • filmer on 23/11/2022 - 09:10

        Right of way is whoever isn't going against the road rules….Try not to be too pedantic.

        • Euphemistic on 23/11/2022 - 14:38
          -1

          There is no right of way. Right of way implies you can continue on without regard for others. There is no such concept in the road rules. There is only a responsibility to give way. The other person never has right of way as at some point they are still responsible to avoid a crash (give way)

          It’s a subtle but important point of difference.

  • outlander on 19/11/2022 - 10:11

    I'd say about 50/50. You'd have a better chance if you had called the police and insisted they give the dude a drug test, as these cowboys are almost always methed up

    • pharkurnell on 20/11/2022 - 12:56

      I'd say about 0/100… You'd have a better chance of walking on the sun in thongs.

  • barratttc on 19/11/2022 - 10:12

    Your fault

  • HelpMeiCantSee on 19/11/2022 - 11:18
    +1

    Looks like you learnt a most important lesson- you cannot trust ANYONE on the road. Sorry mate, hope it works out for you but given you were entering the road, it’s unlikely you’ll be found absent of fault by insurance

  • OBEY YOUR MASTERS on 19/11/2022 - 11:46

    Did you try to turn into a different lane? The car stopped and gave way to you. Did you turn into that lane or a different one? If the truck changed lanes and you tried to go into the same one as the truck then I would call that a bad move.

  • coffeeinmyveins on 19/11/2022 - 12:43

    Basically, I was trying to turn right from my driveway

    As others have said, since you are entering traffic the onus is ENTIRELY on you.

    What you've done is akin to tailgating someone and then rear ending them because they brake suddenly for no reason.

    Should they have done that? no. But you shouldn't have been tailgating them so close in the first place.

    No matter what the truck did, you're at fault because it's your responsibility.

    I'm sick of people pulling out of side streets and houses like you did, assuming what others will do, you'll kill someone.

    • giggle me toes on 19/11/2022 - 15:03
      -5

      Why are you so pressed, be a nice person and let people out of their driveways. You wouldn't want to be stuck in your own driveway for 10-20 minutes because people like the truck driver don't let you out.

      • Dan_ on 19/11/2022 - 15:27
        +2

        giggle me toes

        Member Since
        15 hours 6 min ago

        You wouldn't happen to be the witness OP was talking about would you?

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