Who is at fault for this accident? tricky one.?

Question

Hi,

I was involved in a car accident today and as I was stopped at a stop sign. I was at a 4 way intersection and with no traffic lights. I looked to my right and there were no cars, there was a car turning right into the street which I was on so I turned left almost at the same time because I thought that car would cover me. I almost completed the turn when a van hit the rear quarter panel(right hand side) of my car. Luckily no one was hurt but I am not sure who is at fault! can anyone help?

Answer 1

Judging from the details you mentioned, it seems that you are the one at fault.

Never assume that another vehicle is going to cover you. It seems to me that you "failed to yield". It simply wasn't your turn to proceed through the intersection.

However, I could be wrong because I don't know if Australian driving rules are the same as they are in the US. I've never been to Australia. I'm going to assume that the laws are the same. With that being said, I think you would be cited for failure to yield (not a major offense but it depends on the extent of damage or if there were injuries or a fatality involved).

I was in a chain-reaction collision just last week. One driver slammed on his brakes, causing the vehicles behind him to do the same. I was bringing up the rear and I was not able to stop in time. I rear-ended the car in front of me (hard, high velocity impact) and it resulted in extensive damage to both vehicles but luckily no injuries. I was the one cited for "following to closely", even though I was 3 car lengths behind the vehicle I hit. I drive an Explorer, which is a larger vehicle and I slammed into a minivan at about 40 mph. I was within the speed limit and was maintaining proper distance. I was simply not able to stop...or even slow down...in time.

I'm glad you're not hurt. Cars can be replaced. Your life, on the other hand, cannot. You only get one...take care of it.

EMT

PS In my accident last week, I was wearing my seatbelt (as I always do) and both airbags deployed, saving me from what might have been some serious injuries.

Answer 2

it's quite hard to tell.

we need the van driver's testimony as well to determine who is the one at fault.

Answer 3

yours because you pulled out. Unlucky

Answer 4

do you have a left hand or right hand drive car?

Answer 5

G'day Julian P!

From what you have written, you would be the one at fault.  When at a stop sign, you are supposed to stop and give way to all traffic before proceeding.  When entering from any side street into the main traffic flow, you are not supposed to cause embarassment to vehicles already on that main traffic flow.  To cause embarassment means to make them slow down or to diverge to avoid an accident.

If the driver of the van was coming from your right, you are at fault.  If, however, the van was turning right, and come from the other side of the road, the van would be at fault, for failing to give way when turning right.  But, it then depends on what sign, if any is installed on the opposite corner.  If it is a stop sign, the van driver is gone...  If it is a give way or no sign there, you are gone...  

The Australian Road Rules are interesting reading...  and a good way to get square eyes!!!  

Ding.

Answer 6

Sorry, dont understand. where was the van coming from? was he behind you? or was he coming across the intersection n hit you?

Oh, ok, sorry, we are on the opposite side of the road here.  Gosh, that is a tough one. Well if you turned prematurely and he had the right of way, you may be a fault...that would most likely be the case where I live, not sure what the laws are like there.  its up to the insurance agencies to determine. sorry wish I could help better. But glad you are ok! Cars can be fixed! Take care! xx

Answer 7

try to get some informatin here:http://www.car-accidents.com

Answer 8

This accident would be your fault for assuming...................

Answer 9

I guess its the van's driver fault because there was a car turning in front of him ( the one you thought should cover you) and he didn't wait for it to clear , and he caught the rear end of your car which meant you were already moving in the intersection before he hit you

its good no one was hurt

thats my opinion

Answer 10

You said the van had right of way so it would probably turn out to be your fault as he didn't have to stop.

Answer 11

It depends on who was at the signs first.  And if the three of you showed up at the same time it would go to the one furthest to the right.  But if the car turning onto your road and the van were there first and you tried to beat the van, you would be at fault.  Without seeing the scene and getting all the statements from all the participants and even witnesses that might have seen it.

Answer 12

:S