QLD Hit by Overtaking Car - Who is at Fault?

[Gem141]

Hi, I'm hoping someone could help me.

I was driving on a single lane, two way road which was unmarked. I was going approx 35 km/hr looking for parking and wanted to turn right across the road. I slowed down, indicated for about 2 clicks and then began to turn.

I noticed out of the corner of my eye at the last minute that a car from behind me was trying to overtake me but it was too late.

Just wondering if anyone knows who is in the wrong here under Traffic Law and what I can use to support my case with my car insurance company.

 

[Rob Legat - SBPL]

Generally speaking, you cannot overtake a vehicle unless it is safe to do so. The question may be, how close was this person following you and how fast were they going when they decided to overtake?

For your indicator to be going for "two clicks" is possibly insufficient for giving notification of turning.

However, unless you were moving very slowly before doing so, it seems unlikely that the person could get up beside you in the two or so seconds if they were following you at a safe distance.

All this is best left to the insurers to deal with. Simply tell them the facts of your story.

 

[Gem141]

I've told my side but unfortunately they said it all comes down to what the other person says. If the stories conflict then I'll have to pay the excess. I was hoping that there would be some sort of legislation to help support my case.

 

[Rob Legat - SBPL]

There's legislation, and then there are the facts that apply to the situation. If the parties don't agree on the facts, these have to be determined before the law can be applied.

 

[GC.]

Generally speaking, you cannot overtake a vehicle unless it is safe to do so.

Yes, but it wouldn't be considered unsafe to overtake simply because there is a possibility that the other car might put its indicator on to turn, otherwise nobody would ever be able to overtake.

The question may be, how close was this person following you and how fast were they going when they decided to overtake?

Considering that the indicator was only on for "two clicks" then the other car would have already been in the process of overtaking, so I struggle to see how this could be relevant.

I was driving on a single lane, two way road which was unmarked. I was going approx 35 km/hr looking for parking and wanted to turn right across the road. I slowed down, indicated for about 2 clicks and then began to turn.

Put this in the other driver's perspective... You are driving slowly and they are allowed to overtake if safe, they see you without an indicator on and start to safely overtake, you then put your indicator on and within "two clicks" they have to do the following:

- Notice that you have your indicator on (there is reaction time, plus they may be glancing at their speedo during that instant).

- Realise that there is a possibility that you may turn across them at short notice and without looking.

- Decide whether it's safest to brake really hard (this has its own possibility of causing an accident) or whether to keep going (because you may actually be aware of them and will wait).

- Physically move their foot from accelerator to brake.

- Press the brake pedal and then wait for the car to decelerate.

For your indicator to be going for "two clicks" is possibly insufficient for giving notification of turning.

I agree with this! When driving slowly you should expect people to overtake and indicate and check accordingly.