QLD Traffic Incident - Who is at Fault for Car Accident?

[Raekim]

Hello...can someone please assist with the following.
I was driving a long a single lane two way road when I stopped to turn into a driveway. I was rear ended by another vehicle. My vehicle is a write off and the other vehicle has minimal damage as a result of the car accident.
I did not have my blinker on at the time. Is it correct that the person that rear ends you is at fault for either not driving at a safe distance, not taking due care etc. Does the fact that I did not have my blinker on negate any responsibility for the other driver?

The other party has not responded to requests for a claim number. I only have third party fire and theft and my car insurance company will therefore not act on my behalf. Is it worth seeking legal advice due to the fact the other party have not responded to requests to discuss the matter or supply a claim number.

 

[Sarah J]

Hi Raekim,

It is correct that every driver has a number of duties while driving, including:

- Ensuring a safe distance from the car in front
- Being aware of road hazards
- Driving at a reasonable speed below the limit
- Stopping within a reasonable time
- Maintaining control of the car
- Following turn signals

If the driver in front was negligent in any of the above, resulting in a failure to fulfil their duties on the road, they will bear some of the responsibility for a collision.

On the other hand, suddenly stopping without indication is also a negligent act and therefore, you will likely bear some of the responsibility for the collision.

This means that, in terms of allocating damages, their negligence will be offset against your actions. However, allocating an exact percentage of blame is difficult to say without further facts.

It is worthwhile to contact your local legal centre and enquiring.