NSW T intersection accident

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hconly

Member
28 October 2020
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My car was making a right turn into the main road at T-intersection. All cars on lane 1 stopped before the intersection. As lane 2 was clear, I pull out to lane 2. At the same time, there was another car coming from the left on lane 3, so I stationed on lane 2 for about 3-4 seconds, waiting to turn right after lane 3 is clear. After 3-4 seconds stationed on lane 2, Car B overtook me from my right side by using lane 3 (lane 3 is in opposite/different direction to lane 2). As she drove so close to my car, she finally hit the front of my car. The incident was happened in the school zone area at 9:00 am on a school day with speed limit of 40km/hr.

I was told that I was at fault because I fail to give way to Car B.

Whereas my view is that the accident was mainly caused by Car B overtaking my car unsafely by using lane 3 and hit my car when I was stationed at lane 2. And lane 2 was clear when I pull out.

My questions:
1) Can I stationed on lane 2 for 3-4 seconds, pending for a right turn?
2) Which party is at fault and be responsible?