NSW Am I Able to Charge the Truck Driver?

[Jermy]

Hello All,

I am not sure if this falls under criminal or traffic, but i will post it here as it was a result of a traffic incident.

This morning I came to a traffic lights, which you can go in three directions - left, straight and right. So I rode between the turning far right lane that goes straight and the turn left lane, with objective to turn left. I had my indicator on to turn left.

I stood parked between a bus (in front) and a truck (behind me), I was not in the middle of the lane, I was on the right hand side of the lane (as above) but I was in front of the truck to the left side, I parked there so the bus can see me in his mirror. when the traffic started moving (left lane only) the truck started driving and hit me on the right hand side in which i don't move as I saw the truck move and I did not get in front of him I kept stationary. He kept driving and did not stop, I followed him up the road and asked him to park on the left then he got down and started shouting and swearing.

I kept my clam and asked why he did not let me pass , he kept shouting and swearing and stated that he saw me (I think this is a key point?), I did not want to make things worse, I took a picture of the truck number and he was standing next to it and was preparing his camera to take a picture of me (which he did) and said he will report me to police.

I did the diagram below, hopefully it would give a better picture of what I explained above ( | : road lane markings, BS: STA bus, M: That is where i was waiting/stopping, TK: Truck), although the diagram shows a space between me, the bus and truck, but it was actually closer, that If I leaned forward and extended my hand out I can easily touch the bus and if I leaned backwards and extended my arm I would touch the truck.

I can say my scooter was about 20cm to 30cm away from the bus (side ways): front of scooter to right front to the back of the left side of the bus. (sorry for it being long, but I would like to give an accurate description as possible).



| | |
| | BS |
| M
| | TK |
| | |

I was filtering, so I like to see if I can take this claim to insurance and know if I was at fault or not. I highly appreciate if any one with knowledge about this can give some feedback. Also, I want to see if I am able to report the truck driver for this behaviour, what options I can take?

I am planning to read the road rules but keeping putting it off. I will start soon though....

Thank you for your help

 

[Jermy]

Hello All,

I am not sure if this falls under criminal or traffic, but i I will post it here as it was a result of a traffic incident.

This morning I came to a traffic lights, which you can go in three directions: left, straight and right. So I rode between the turning far right lane that goes straight and the turn left lane, with objective to turn left, I had my indicator on to turn left, I stood parked between a bus (in front) and a truck (behind me), I was not in the middle of the lane, I was on the right hand side of the lane (as above) but I was in front of the truck to the left side, I parked there so the bus can see me in his mirror. when the traffic started moving (left lane only) the truck started driving and hit me on the right hand side in which i don't move as I saw the truck move and I did not get in front of him I kept stationary. He kept driving and did not stop, I followed him up the road and asked him to park on the left then he got down and started shouting and swearing. I kept my clam and asked why he did not let me pass , he kept shouting and swearing and stated that he saw me (I think this is a key point?), I did not want to make things worse, I took a picture of the truck number and he was standing next to it and was preparing his camera to take a picture of me (which he did) and said he will report me to police.

I did the diagram below, hopefully it would give a better picture of what I explained above ( | : road lane markings, BS: STA bus, M: That is where i was waiting/stopping, TK: Truck), although the diagram shows a space between me, the bus and truck, but it was actually closer, that If I leaned forward and extended my hand out I can easily touch the bus and if I leaned backwards and extended my arm I would touch the truck. I can say my scooter was about 20cm to 30cm away from the bus (side ways): front of scooter to right front to the back of the left side of the bus. (sorry for it being long, but I would like to give an accurate description as possible).



| | |
| | BS |
| M
| | TK |
| | |

I was filtering, so I like to see if I can take this claim to insurance and know if I was at fault or not. I highly appreciate if any one with knowledge about this can give some feedback. Also, I want to see if I am able to report the truck driver for this behaviour, what options I can take?

I am planning to read the road rules but keeping putting it off. I will start soon though....

Thank you for your help

Hello all,

If I go to the police and just ask about who was at fault, would that be ok? Or would it cause a problem for me even if I stated to them that I do not want to proceed?

Any comments will be appreciated.

Thank you,

 

[kimsland]

hello all,

If i go to the police and just ask about whose at fault, would that be ok? or would it cause a problem for me even if I stated to them that I do not want to proceed? Any comments will be appreciated.

thank you,

Hi,

The police are there if you do want to make a statement. If you stated you don't (or may not) want to proceed, I suspect they'll tell you to leave.

Regarding 'proceeding' as that is the only question, unless you just want a response of personal opinion on your bias point of view?

You must have damage, either person (ie you needed to attend hospital?) or on your scooter. I have this gut feeling the damage to your scooter is negligible, especially since you were able to chase the truck down.

I don't feel this is going to work out well in a court for you, as a judge may state you contributed to the accident by parking so close, you need to be aware that stopping at lights or traveling on the road with zero gap is both not safe and could be seen as illegal. ie you should not have entered an area that would cause this issue. You must be able to see where you are going and passing a truck to be behind a bus is not what bike safety is all about.

In my view if you wish to actually pursue the matter I'd suggest go to the truck's business address and tell them to buy you a can of paint or new blinker, and take this as a learning experience for all. In court a judge will likely throw it out as a waste of time.

 

[Jermy]

Hi, the police are there if you DO want to make a statement. If you stated you don't (or may not) want to proceed, I suspect they'll tell you to leave.

Regarding 'proceeding' as that is the only question, unless you just want a response of personal opinion on your bias point of view?
You MUST have damage, either person (ie you needed to attend hospital?) or on your scooter. I have this gut feeling the damage to your scooter is negligible, especially since you were able to chase the truck down.
I don't feel this is going to work out well in a court for you, as a judge may state you contributed to the accident by parking so close, you need to be aware that stopping at lights or traveling on the road with zero gap is both NOT safe and could be seen as illegal. ie you should not have entered an area that would cause this issue. You must be able to see where you are going and passing a truck to be behind a bus is not what bike safety is all about.

In my view if you wish to actually pursue the matter I'd suggest go to the truck's business address and tell them to buy you a can of paint or new blinker, and take this as a learning experience for all. In court a judge will likely throw it out as a waste of time.

Hi,

Thanks for your answer.

I did a bit of reading yesterday and I am at fault from a legal point of view. Now, there is other point, I hope you can assist (or others), he did this on purpose, not an accident. Will that changed anything, I know if take it up to police, I will get a fine for breaking the law. But for the other guy, as he did this on purpose and it is causing damage, would there be anything against him?

One thing I am sure, he will claim he did not see me, I am sure of this, but he did not state he saw me when we chatted. This is for my knowledge only, I hope I can get a reply for this point,
For the damage, it is not cheap, it will cost around $1000, or more,(if to be done perfectly),,,

Thanks

 

[kimsland]

he did this on purpose, not an accident. Will that changed anything, I know if take it up to police, I will get a fine for breaking the law. But for the other guy, as he did this on purpose and it is causing damage, would there be anything against him? ......., it will cost around $1000

Hi thanks for your reply too.

You are speaking about the law of road rage, this will go against him, and I agree if it is noted you 'broke the law' then you may be charged for that, but lets face it the truck caused the accident.
Regarding his word against yours.

I know it may seem common in this type of thing to think the truck driver will lie and say he didn't see you, but you'd be amazed that most people will undo themselves (or speak the truth) straight away and say things such as, 'When that scooter rode past me I knew it wouldn't end good'. Thus admitting they saw you.

I had no idea it could be up to $1000+ but then again someone backed into my back quarter panel a few years ago and the panel beaters were uming and aring should they write it off! So $1000 is probably a minimum.

Generally truck drivers have insurance and his excess could be anywhere from 500 to $2000, so this is why I still feel you should approach the business first, without the already made up mind that you're going to court. In other words, ask them if they want to chip in for the damage. I'm thinking $500 minimum, but sometimes a free truck removalist may also help one day

Court means you both will lose, he will get some type of order that may affect his employment there or elsewhere, and obviously compensation. You may be charged around 2 to 300 yourself.

By the way, you bring up an interesting point about who's at fault, if you break the law. Lets say you had your blinker on and ended up going straight and a car hit you. In this case you would get a fine for having your blinker on, but again (just like in your matter) you are not at fault for the crash itself. I read that you already seem to know this, not many do.

Approach the business, take a friend, make it non abusive and non threatening,even if they offer nothing and tell you to leave, you are only in the place you are right now, no need to bring up courts and stuff

 

[Jermy]

Hi thanks for your reply too.
You are speaking about the law of road rage, this will go against him, and I agree if it is noted you 'broke the law' then you may be charged for that, but lets face it the truck caused the accident.
Regarding his word against yours; I know it may seem common in this type of thing to think the truck driver will lie and say he didn't see you, but you'd be amazed that most people will undo themselves (or speak the truth) straight away and say things such as, 'When that scooter rode past me I knew it wouldn't end good'. Thus admitting they saw you.

I had no idea it could be up to $1000+ but then again someone backed into my back quarter panel a few years ago and the panel beaters were uming and aring should they write it off! So $1000 is probably a minimum.
Generally truck drivers have insurance and his excess could be anywhere from 500 to $2000, so this is why I STILL feel you should approach the business first, without the already made up mind that you're going to court. In other words, ask them if they want to chip in for the damage. I'm thinking $500 minimum, but sometimes a free truck removalist may also help one day

Court means you both will lose, he will get some type of order that may affect his employment there or elsewhere, and obviously compensation. You may be charged around 2 to 300 yourself.
By the way, you bring up an interesting point about who's at fault, if you break the law. Lets say you had your blinker on and ended up going straight and a car hit you. In this case you would get a fine for having your blinker on, but again (just like in your matter) you are NOT at fault for the crash itself. I read that you already seem to know this, not many do.

Approach the business, take a friend, make it non abusive and non threatening. EVEN if they offer nothing and tell you to leave, you are only in the place you are right now, no need to bring up courts and stuff

Hi, thanks again for your comment.

First, I don't have his details and I did not get the name of his company, so the only way to contact the truck driver will be through the police.

I'm seriously thinking of going through the police as I mentioned before that he could have acted differently: by cursing or giving the finger let's say, and prevented damage to my scooter. Now I want to find out what I will be facing, what fines I will get and how much it will cost and how many demerit points. I have a good driving record, and this error on my behalf was due from not knowing the lane filtering rules. Now I know.

First: are you are legal person or from a legal background, or the above are you comments?
Second, I want to find out what is the result of the situation: a I know I will get the fine for it, b- will the insurance consider this as at fault (I have comprehensive insurance)? although i was in error from a legal aspect, but as mentioned, he could have prevented this, but his action did result in damages, c- what can happen to him?

I also tried to find if there is law covering the road rage, you mentioned that, is that an actual law? Or it was figure of speech?

I appreciate if you can direct me to the sections, if possible (or anyone else reading this), I am working and under pressure at this time, so I am trying to find things out late at night, but appreciate any assistance.

Thanks again,

 

[kimsland]

No not a legal professional, I've been driving for 30 years, taught at least 10 people to drive (zero other driving lessons - except for them hiring the car on the mandatory lesson before their test ) I have a strong interest in traffic laws and how to control a (well any) vehicle safely. Therefore opinion

Your second question on the 'fine' you are suppose to get. IF you go to court (take him to court) then this is not about your unlikely fine. The court date would be about the accident

Insurance - You weren't at fault. That's covered.

He will need to pay for the damages. I very much doubt it would be negligible driving or some careless driving penalty. It is more likely he will just pay the damage (to some percentage). It is irrelevant what he may or may not be charged for, he should have stopped and changed license details, he seems a bit arrogant and uncaring to say the least.

"Road Rage Law" - Look up Predatory Driving

I don't think this forum (or myself really) can provide official legal guidance in these posts. The issue is that there is always a lot more info required to make a 'legal' opinion; otherwise it'll mostly be personal opinion based on experience

Or, ask one of the lawyers here.

I prefer to tell you about reality

 

[Jermy]

No not a legal professional, I've been driving for 30 years, taught at least 10 people to drive (zero other driving lessons - except for them hiring the car on the mandatory lesson before their test ) I have a strong interest in traffic laws and how to control a (well any) vehicle safely. Therefore opinion

Your second question on the 'fine' you are suppose to get. IF you go to court (take him to court) then this is not about your unlikely fine. The court date would be about the accident

Insurance - You weren't at fault. That's covered.

He will need to pay for the damages. I very much doubt it would be negligible driving or some careless driving penalty. It is more likely he will just pay the damage (to some percentage). It is irrelevant what he may or may not be charged for, he should have stopped and changed license details, he seems a bit arrogant and uncaring to say the least.

"Road Rage Law" - Look up Predatory Driving

I don't think this forum (or myself really) can provide official legal guidance in these posts. The issue is that there is ALWAYS a lot more info required to make a 'legal' opinion; otherwise it'll mostly be personal opinion based on experience

Or, ask one of the lawyers here, they love the Talks/hearing/Directions/Court/Court/Court/Appeal Court/ workings.
I prefer to tell you about reality

Thanks again for your comments, much appreciated for taking the time to write.

I don't think that I would be concerned from fine aspect, as I called my insurance company and asked about this accident, initially based on discussion, the rep told he seems at fault, but would change after they see a diagram and investigate. The really good news I got from insurance company, is that I don't need a police report and the rego number will be sufficient to process the claim. They are able to obtain the contact details based on the rego.

Therefore, the police would not be involved and that means I will not have the fine. The worst case that happens is the I would be found at fault and have to pay the excess and also affect my future premiums. So this weekend I will be completing the claim and get my scooter fixed.

Tthanks for your time, safe driving.