Passing on the left hand side.

allde
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Joined: Sun May 13, 2012 12:46 pm

Passing on the left hand side.

Postby allde » Thu Dec 08, 2016 7:10 pm

Ok Guys, As you can see here there are only two lanes, now a lot of people come down
the inside lane to turn into the side road, or to travel to the lights to do a left hand turn,
thus actually making it into three lanes.
I was under the opinion that under taking on the left hand side of a car is illegal, what would
happen if I decided to turn into the side road and a car hit me from the left of me, under taking me,
who would be in the wrong?

[ img ]

Hardy
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Re: Passing on the left hand side.

Postby Hardy » Thu Dec 08, 2016 11:00 pm

As it is a civil law problem, the test is whther or not each driver has taken reasonable care. You can work it out from there.

Gravy
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Re: Passing on the left hand side.

Postby Gravy » Fri Dec 09, 2016 1:18 pm

For Allde's example perhaps the question should be: if a police officer witnessed the incident, to whom could an infringement be issued (if any)?

Hardy
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Re: Passing on the left hand side.

Postby Hardy » Fri Dec 09, 2016 3:47 pm

It is illegal to overtake a vehicle on its left unless there is a marked lane to its left, or it is indicating to turn right, or it is stationary. But who gets an infringement notice is not always going to answer the civil liability questions. For example, you might see someone coming up on your left illegally and you chop him into the gutter as you suddenly turn left. Why shouldn't you pay for the accident you caused?

Day
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Re: Passing on the left hand side.

Postby Day » Fri Dec 09, 2016 8:23 pm

But in this situation, cars in the left lane have their own lane so can pass in the left, so would be liable for both civil and infringement.

allde
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Re: Passing on the left hand side.

Postby allde » Fri Dec 09, 2016 8:52 pm

[quote="For example, you might see someone coming up on your left illegally and you chop him into the gutter as you suddenly turn left. Why shouldn't you pay for the accident you caused?[/quote]

How can the person turning left be responsible for a person doing an illegal action if they hit.
That to me is like a person crossing double white lines, then trying to cut me off to get back in.

Hardy
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Re: Passing on the left hand side.

Postby Hardy » Fri Dec 09, 2016 10:06 pm

The question was whether a driver who makes a third lane on the left is at fault if there is an accident. Just because that is illegal is not determinative of civil liability even though it is a good indicator. For example, just because you go through a red light does not mean you are going to be 100% liable for an accident if a turning vehicle fails to give way to you. The turning vehicle has to give way to vehicles that are being driven legally or illegally. So it is not the case that just because a driver is doing something illegal that you can crash into him and be immune from any civil consequences.

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: Passing on the left hand side.

Postby Day » Sat Dec 10, 2016 8:34 am

Ahhh got you. Missed that bit. :oops:

Gravy
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Re: Passing on the left hand side.

Postby Gravy » Mon Dec 12, 2016 12:03 pm

Hardy wrote:So it is not the case that just because a driver is doing something illegal that you can crash into him and be immune from any civil consequences.

This is precisely why there is no such thing as "right of way".


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