Stationary Vehicle Hit

Civil liability
stratc
Posts: 2
Joined: Tue Jul 16, 2019 5:10 pm

Stationary Vehicle Hit

Postby stratc » Tue Jul 16, 2019 5:19 pm

Hello There,

What are the rules in relation to hitting a stationary vehicle while waiting to turn right in a road island type situation. You know where cross the road stay in the middle section then drive off.

I was hit while waiting to turn right by a truck and i was stationary at the time. He was going so fast he spun me around 360 degrees when he hit me.

Police attended and weren't able to determine who fault it was. No witnesses offered themselves up, though i suspect plenty of business premises might have some surveillance footage.

Cheers

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Stationary Vehicle Hit

Postby Hardy » Tue Jul 16, 2019 7:18 pm

The question is not whether you were stationary at the time of impact.
The question is whether you moved into the path of the truck in away that did not give the truck driver time to avoid the collision.
If the road was clear when you moved into the centre and you were stationary before the truck was in sight, then you can't lose. The only thing you need to do is to prove that in court - assuming you don't have any insurance. If you had insurance you would probably not be here asking this question.

stratc
Posts: 2
Joined: Tue Jul 16, 2019 5:10 pm

Re: Stationary Vehicle Hit

Postby stratc » Tue Jul 16, 2019 8:32 pm

Spot on there.

It had an unregistered vehicle permit only, just bought the car for my daughter and overlooked getting 3rd party.

I was driving it to my mechanic at the time.

All the lanes I wanted to enter were full of stationary traffic bar the lane closest to me (right turn only) and that was clear.

He entered that lane with speed and understeered that much, he hit me with his rear tyres. I think he was trying to avoid the traffic ahead of him as it was backed up due to peak hour.

His speed was considerable because 20 metres (I measured it) ahead of him were traffic lights where he would have either had to turn right or stop, at that speed he was in trouble.

My only objective now is to avoid paying damages because I can't prove any of this.

What do you think I should do?

Cheers

Hardy
Site Admin
Posts: 8271
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Stationary Vehicle Hit

Postby Hardy » Wed Jul 17, 2019 6:51 am

Sue the driver of the truck.


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