Car Accident - Lane Merging On Freeway

LKets on 09/02/2024 - 12:54
Last edited 09/02/2024 - 13:44 by 1 other user

Hello everyone,

I am writing to seek your expert legal advice regarding a traffic accident I was involved in a few weeks ago on the Melbourne freeway, which resulted in damage to my vehicle. I believe the circumstances surrounding the incident may entitle me to make a claim against the other party involved, a truck driver, but I need your guidance on the matter.

Incident Details:

Location: Melbourne freeway, city-bound direction

Vehicles Involved: My small car and a goods-carrying truck

Description of the Incident: At the time of the accident, the traffic was bumper-to-bumper, and the speed of all vehicles was not more than 15 km/h it like stop and go, stop and go. I intended to merge into the right lane and indicate my intention to do so to the truck driver on my right for almost 100 mtrs. Despite my indication, the truck driver did not allow me to merge and subsequently collided with the right side back panel of my car while I was in the process of merging.

Driver's Reaction: The truck driver refused to provide his details and claimed that the fault was mine for attempting to merge into his lane.

Evidence Collected: I have photographs of the truck, the truck driver, and the truck's registration number taken immediately after the incident.

I appreciate your attention to this matter and look forward to OzBargain community's professional advice on how to proceed with my potential claim.

Kind regards,

Automotive

Comments

  • Hybroid on 09/02/2024 - 12:56
    +133

    No one here can, or should, provide you "legal advice". It's a bargain forum, not a professional counsel.

    Having said that, you are the one merging so the onus is on YOU to ensure you do so safely. Indicating does not give you automatic right of way.

    • El cheepo on 09/02/2024 - 13:19
      +8

      No one here can, or should, provide you "legal advice". It's a bargain forum.

      Awww comon now, don’t discourage the inevitable car train wreck these threads become.

      Indicating does not give you automatic right of way.

      “But, but, but… i had my indicator on, i had right of way”
      - OP

      Also… on the left hand side of a truck… lol

      To be fair though, truckie should of handed over his details and left it to insurance to sort out.

    • Jimothy Wongingtons on 09/02/2024 - 13:25
      +5

      indicating does not give you automatic right of way.

      some brisbane bus drivers:

      HOLD MY BEER! attempts to pull out to merge with 1m clearance - then honk horn obnoxiously when they get denied

      • BOGOF on 09/02/2024 - 13:52
        +3

        some brisbane bus drivers:

        Some most Brisbane bus drivers

        • Bargain-er on 10/02/2024 - 08:49
          +2

          Some most Brisbane bus drivers

      • Thrawn on 09/02/2024 - 19:23
        +35

        the law says that drivers must give way to buses with a "give way to buses" sign at the back. So yes in their case indicating does give them the right of way

        • Yotta00 on 10/02/2024 - 07:40
          +1

          https://www.qld.gov.au/transport/safety/rules/road/give-way

          Buses, like all other vehicles, are required to indicate for 5 seconds before moving off from a parked position, which includes a bus stop.

          And they never do.

          • John Kimble on 10/02/2024 - 08:09

            @Yotta00:

            like all other vehicles

            Do you?

            • Yotta00 on 10/02/2024 - 08:35
              +4

              @John Kimble: Yes I do. In a park position - I put the indicator on, always checking my mirrors and blindspots for pedestrians, bikes and cars and letting the first car(s) pass until to safe enough gap. I have done this since 2004. In Australia, it's following road rules.

              • doctordv8 on 10/02/2024 - 11:50

                @Yotta00: Ditto, but for a long time since before 2004.

              • LFO on 10/02/2024 - 12:48

                @Yotta00:

                In Australia, it's following road rules.

                Except the KEEP LEFT thingy …

        • lycheetea on 12/02/2024 - 12:11

          This is the way.
          Always give way to bus. It's carrying 10 or 20x the passengers. Don't be a dick.

      • Hangryuman on 10/02/2024 - 14:05
        +12

        'HOLD MY BEER!'

        LOL - you've reminded me of my summary of Brisbane driving styles, after I moved south and noted differences (decades ago so may be out of date).

        Brisbane - both drivers attempt to go first, both slam on the brakes at the last moment, then wind down the windows and yell abuse at each other. If a pedestrian dares step onto the road, accelerate and try to run them over, then enjoy them jumping out of the way as you narrowly miss them !

        Melbourne - I stepped on the road ready to wait for the approaching car to go past, then saw it stop about about 10m before me. I couldn't see in the windscreen due to sun angle so waited. So did they. It finally dawned on me that they had stopped to allow ME to cross !! OMG Dorothy, you're not in Kansas anymore !

        Sydney - combative driving style is expected, if you keep up, mostly no worries unless you delay another driver by 0.5 seconds whereupon they'll honk at you for slowing them down.

        • OhNoUShiz on 11/02/2024 - 08:22

          Haha best summaries.

    • Caped Baldy on 09/02/2024 - 13:33
      +3

      Unless it's a zipper merge and then it's whoever is ahead has right of way.

        • larndis on 10/02/2024 - 09:06
          +9

          Did you just say the same thing as @Caped Baldy?

          • Assburg on 10/02/2024 - 12:04
            -6

            @larndis: No, you, along with those who downvogex me also shouldn't be on the road…

            Zipper merge = 2 lanes become 1 = person ahead having right of way (doesn't matter if left or right).

            Lane ends, merge right = crossing a dashed line to change lane = give way to everyone in the lane you're changing into. If you don't get a chance you come to a stop and wait for a chance to, as if you were taking off from a park…

            Jesus Christ

            • WhyAmICommenting on 10/02/2024 - 13:38
              +5

              @Assburg: Chill dude, they just worded it weirdly.

              They mean if it’s a zipper merge then person in front should go first:

              “Only if it's a zipper merge [, then] does the person in front have right of way.”

              • moggott on 11/02/2024 - 22:01
                -2

                @WhyAmICommenting: If it is a zipper merge the left lane gives way to all traffic in the right lane. If the two lanes end without markings then the car in front has right of way.

                • WhyAmICommenting on 12/02/2024 - 01:15
                  +4

                  @moggott: The second thing you described is a zipper merge. The other one is just a lane ending. If your lane ends you must give way, as you mentioned.

                  • Caped Baldy on 15/02/2024 - 08:42
                    -1

                    @WhyAmICommenting: Evidentially, I could have worded things better. Thanks for commenting in my defense. It's a worry that people don't know the difference between a zipper merge and a lane ending and giving way.

                  • moggott on 17/02/2024 - 21:22
                    +1

                    @WhyAmICommenting: Not in Qld…https://www.qld.gov.au/transport/safety/rules/road/lanes

                    Always thought zipper merge was with the lines but anyway if the lane ends with markings you need to give way to all traffic in the right lane, no markings the vehicle in front in either lane has right of way.

            • iChopstick on 10/02/2024 - 13:41
              +6

              @Assburg: Again, you are are saying the same thing as @Caped Baldy

            • larndis on 10/02/2024 - 20:02
              +4

              @Assburg: @Assburg Mate, calm down. Everyone but you understands just fine.

              (Also, username checks out)

        • siresteelhell on 10/02/2024 - 18:36
          -4

          yea, Assberg,they have it worded it really badly…. BS how they neg voted you

    • HeWhoKnows on 10/02/2024 - 17:57

      100% correct
      But its amazing now many people think this way

    • Munki on 12/02/2024 - 10:03
      +1

      Excuse me, but we have many armchair lawyers here. All we request is an MS Paint drawing of accident.

  • deme on 09/02/2024 - 12:57
    +14

    I am writing to seek your expert legal advice

    Go away chatgpt, go talk to your insurance
    /Thread

  • Fredfloresjr on 09/02/2024 - 12:58
    +26

    1 rule on your driving lesson.

    Only merge if safe to do so. Instructor will tell you at least 4 cars in between so incoming cars have plenty of time to stop.

    Hope you have dashcam. Otherwise, very hard to prove he was wrong as he was in his lane.

    • paloverde88 on 09/02/2024 - 22:47

      This is correct, no matter whether you show your signals intention or not, the oncoming traffic always has the right of way. Having said that if it was coming to a bumper to bumper, I always out of courtesy allow vehicles intending to merge do their thing even though I do not have to as I am an oncoming traffic going about my business. If everyone were to skip a beat whenever someone shows a signal intention to merge then there will be chaos! You find the right time to merge, the world does not have to stand still for you to merge - simple as that now if it was unsuccessful to merge because no one stop for you to merge, move slowly and then try again in another attempt.

  • jv on 09/02/2024 - 13:00
    +49

    Despite my indication, the truck driver did not allow me to merge and subsequently collided with the right side back panel

    Sounds like you moved into a lane that had a car in it…

    • deme on 09/02/2024 - 13:00
      +42

      But I indicated and closed my eyes

      • Gdsamp on 09/02/2024 - 13:04
        +21

        good luck everybody else

        • Drakesy on 10/02/2024 - 00:15
          +6

          That Family Guy meme has to be the default gif for every single one of these merging posts.

      • FezMonkey on 09/02/2024 - 15:30

        If I don't see it it's not illegal!

        I beat Jimothy to the Simpsons quote…

    • Dollar General on 09/02/2024 - 13:02
      +2

      & a truck

      • Sammy2000 on 09/02/2024 - 14:56

        which can't stop in time to avoid people cutting them off.

    • paloverde88 on 09/02/2024 - 22:51

      You cannot blame oncoming traffic who actually have the right of way , you as a merging traffic has to wait for your opportunity to safely merge even if it means waking there until it is safe to do so - no one has to stop for you where did you learn that the world has to stop for you just because you show your signals? It's just to show I intend to merge - so what? wait for your turn.

      Another thing that gets me is that people toot their car for no reason - tooting is when there is an imminent danger that you have to warn others not because you are late for a movie or the person in front is slow.

      • bargaino on 10/02/2024 - 11:46
        +5

        You cannot blame oncoming traffic

        You keep using that word.

        "Oncoming traffic refers to any vehicles that are coming towards you as you're driving along a road."

        • paloverde88 on 10/02/2024 - 12:58
          -5

          ok in this context I meant oncoming traffic as in cars going about their business moving on a straight trajectory. And BTW as you are merging you look at 'oncoming traffic' flowing in the direction you wish to merge. Or are you looking at traffic in the opposite direction, not coming towards where you want to merge into?
          The difference is clear.

      • siresteelhell on 10/02/2024 - 18:40

        OP hasn`t stated which type of merge it is…so who has right of way is not clear

    • Jono05 on 10/02/2024 - 21:19

      Ooooops

  • Dollar General on 09/02/2024 - 13:00
    +7

    Check VicRoads website. Even has a video on how to merge correctly

    Changing lanes
    You must give way to vehicles in the lane or line of traffic, when you change from a lane marked with lines, to another.

    This rule applies when crossing over any broken line on the road showing that the lane ends, e.g. merging into freeway traffic.

    • Caped Baldy on 09/02/2024 - 15:48

      but but I indicated for 0.1 seconds before changing lanes.

  • jv on 09/02/2024 - 13:00
    +8

    Evidence Collected: I have photographs of the truck, the truck driver, and the truck's registration number taken immediately after the incident.

    That is not evidence.

    Do you have a witness ?

    • deme on 09/02/2024 - 13:02

      Dan Andrews did it

      deme on 09/02/2024 - 13:02 (Collapsed - Offtopic. Show)
      • jv on 09/02/2024 - 13:02

        Actually, it was his wife…

    • spackbace on 09/02/2024 - 13:51
      +1

      Do you have a witness ?

      Let's get down to business

    • paloverde88 on 10/02/2024 - 13:00
      +1

      no, it is simply a photo album for keeps to put it on Insta.

  • John Kimble on 09/02/2024 - 13:01
    +53

    You're at fault.

    • Fredfloresjr on 09/02/2024 - 13:04
      +3

      100%.

      Typical driver in Sydney "My indicator is ON, goodluck everyone"

      • John Kimble on 09/02/2024 - 13:08
        +5

        I swear most of the time people don't even use their indicators!

        • cashless on 09/02/2024 - 14:14
          +1

          At least OP doesn't drive a BMW, it seems

          • Randolph Duke on 11/02/2024 - 09:47
            -1

            @cashless: Beamers are expensive enough, the M decal pack is more important than the indicator package.

        • Sammy2000 on 09/02/2024 - 14:57

          Or use them once already merging and turning

        • siresteelhell on 12/02/2024 - 00:32

          dont need to indicate if it is a zipper merge…ie both lanes becomes 1…

      • superuser on 10/02/2024 - 06:59

        Nope, i turn now and fu ck you all, lol

      • paloverde88 on 10/02/2024 - 13:01
        +3

        not Sydney but people with foreign driving experience not of western origin.
        It is well known in many emerging economies or developing nations that traffic rules, traffic signs are not religiously obeyed and this is typically non western nations. And even caught, are let off very lightly with very little accountability unless someone dies.
        So when in Rome do as the Romans do. You are now in Australia - you need to follow Australia traffic rules forget about your so called driving experience in foreign countries.

        • Ghost47 on 10/02/2024 - 19:55

          What's that saying about importing the third world again?

    • eris on 11/02/2024 - 20:40

      Yeah, truck driver is a dick. But legally he has right of way.

  • Gdsamp on 09/02/2024 - 13:03
    +6

    Please provide MS Paint diagram

  • Godric on 09/02/2024 - 13:04
    +6

    My expert legal advice isn't free

  • deme on 09/02/2024 - 13:04
    +15

    OP how do you think you are not 100% at fault?

    The only problem I see is that it's an offence to ": The truck driver refused to provide his details".

    This doesn't mean you aren't still 100% at fault though.

    • mskeggs on 09/02/2024 - 15:55

      And lots of evidence to show it!

  • Jaduqimon on 09/02/2024 - 13:09
    +9

    don't bother. Might even get a bill from the truck driver for scratches to his bullbar

  • John Kimble on 09/02/2024 - 13:10
    +29

    Despite my indication, the truck driver did not allow me to merge

    Then why did you continue to merge? 🤦

  • AustriaBargain on 09/02/2024 - 13:11
    +7

    You drove into oncoming traffic.

  • cocomelon on 09/02/2024 - 13:12
    +9

    what makes you think the truck have to stop to allow you join his lane (merge)? the traffic should continue to flow and you should be the one to STOP and merge when it is safe to do so - makes me wonder how did you get your license to begin with?

    • SlickMick on 10/02/2024 - 10:54

      OP is at fault, but actually it is the truck not allowing him to merge that stops traffic from flowing.
      Truck only had to allow him room to merge instead of ramming him and both lanes could have continued to flow.

      It's prob only 90+% OPs fault, truckie also should have attempted to avoid the inevitable.

      If there is more damage to OPs vehicle it is prob worth claiming. 10% of OPs damage is prob more than 90% of truck's.

  • Fredfloresjr on 09/02/2024 - 13:14

    Bad luck OP.

  • Jaduqimon on 09/02/2024 - 13:15
    +7

    if the truck appears to not be interested in letting you in, then why not just let it pass and perhaps the vehicle behind it will be more catering

    • Jono05 on 10/02/2024 - 21:27

      That’s too sensible though…

  • ihfree on 09/02/2024 - 13:19
    +14

    You may want to brush up on two things

    • SlickMick on 10/02/2024 - 10:55

      Truck's have blindspots in front of them?

      • ihfree on 10/02/2024 - 13:00

        Need MS paint diagram.

      • md333 on 10/02/2024 - 16:38
        +4

        Yes, if it is a tall truck they won't be able to see objects very close in front, particularly on the left side ie exactly where OP was. Don't worry though, this study says 80% of people don't know about it https://www.transurban.com/blindspots

        • Randolph Duke on 11/02/2024 - 09:48
          +1

          That question explains why so many people are surprised when they get hit by trucks after cutting in front of them.

  • ihfree on 09/02/2024 - 13:22
    +4

    Also, you should get a dashcam that does both front and rear views. Next time you have an accident like this, send the footage to the police.

    • JimB on 09/02/2024 - 13:27
      +11

      And cop a fine.

    • bobbified on 10/02/2024 - 00:32
      +1

      Like this? 😂

    • TilacVIP on 11/02/2024 - 14:49

      it would not have helped the OP on this occassion. He is clearly in the wrong.

  • JimB on 09/02/2024 - 13:27
    +3

    At least the truck isn't asking you to pay for his scratch.

    • jv on 09/02/2024 - 13:45

      or his itch.

  • cainen on 09/02/2024 - 13:39
    +9

    You're at fault legally but the truck driver's still an a hole. I swear our traffic is made twice as bad by everyone driving selfishly. We should, as a society, drive as a collective allowing the traffic to flow but instead we seem to drive either as if it's a competition or completely obliviously to our surroundings.

    • deme on 09/02/2024 - 13:44
      +4

      They are both, OP could have slowed down and merged behind him.

      • SlickMick on 10/02/2024 - 10:57
        +1

        It's far more efficient to give someone room to merge than make their lane stop and wait for you to pass.

        • deme on 11/02/2024 - 11:00
          +1

          Sure it is absolutely but you know what is stupid just forcing yourself into a lane where there's a car.

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