NSW Who is at fault?

[Mahna]

My situation:

I am going straight on an intersection with traffic lights. Another car turns right in front of me and I crash them.
Our traffic lights turn to yellow and red at the same time.
I am sure that I crossed the line on yellow light but now I am worried that because I was breaking my car heavily, it might have turned from yellow to red before I would have passed the line.
They were already on the intersection, so waiting to turn right and their light turn from green to yellow and red at the same time as mine.
If I would have crossed the line on yellow, it would have been their fault... you have to make a turn when its safe to do so.
But if I would have crossed the line with red, so it means they would have been in the middle of the intersection with a red light also, would I get the blame?

 

[Atticus]

If the vehicle other had moved into the intersection to turn right on a green light & was waiting for traffic to clear, then they did not enter the intersection under an amber as you did.... That said, they are only supposed to make a turn when it's safe to do so.... Seems you both might share some liability.

15 years ago I was collected by a B Double doing 70 KMH through a solid red (several witnesses to confirm) whilst I was turning right at an intersection.... I had entered under green & was waiting for heavy traffic to clear .... My view of the lane the B double was in was entirely obscured by another B Double stopped in a turn right only lane in front of me on the opposite side... When the traffic I could see had cleared, (lights were red at this point) I moved off to complete the turn... B Double came barrelling along the lane nearest curb & collected me.

I lived to tell the tale because I was driving a 4 Tonne truck myself. Never the less, the B Double catapulted me 20 metres down the road, flipping me over in the process where I slid to halt on the drivers side...

Police called in on me a couple of months later to " just give me a warning instead of a fine on this occasion" for turning right when unsafe to do so .... Telling him my view of the lane was obsucured & it was clear whan I moved off (as if I would pull in front of a B Double running a red light) fell on deaf ears

 

[Mahna]

Thank you for your replay.
Could it be that NRMA would write down as both parties on fault?

Also, Atticus, did B Double get the full blame and were they at fault of the whole accident? And you only got the warning?

 

[Scruff]

If I was investigating this from an insurance point of view, you would both be held liable.

"I am sure that I crossed the line on yellow light but now I am worried that because I was breaking my car heavily, it might have turned from yellow to red before I would have passed the line."
That statement indicates that you had plenty of time to stop under amber and instead tried to beat the red light. That makes you liable.

"They were already on the intersection, so waiting to turn right..."
This vehicle is required to give way to oncoming traffic regardless of whether or not that traffic runs a red light. Not doing so makes them liable.

The fact is that your description indicates that they didn't give way and that you ran an amber or red light when you had time to stop. You therefore both contributed to the impact.

 

[Atticus]

Could it be that NRMA would write down as both parties on fault?

Also, Atticus, did B Double get the full blame and were they at fault of the whole accident? And you only got the warning?

In my case I wasn't the vehicle owner or registered operator, so don't know how the insurance aspect played out .... As for the police, I don't know what became of the B Double driver. They wouldn't tell me & I was too disgusted with the whole event to bother chasing it up.... If I had been driving a car that day instead of a loaded truck I would be dead, no question.

 

[Mahna]

Thank you so much for your answers. It was exactly my thought the next day, we would possible both be liable...

At this point, NRMA has made them 100% liable, but we will see how it turns out.