Literally on the road

After 9 year of bike commuting (almost 4 years in this session)
I finally came off the bike. Riding along at about 30km/h when
a car pulls out from stationary at a stop sign into my path.
I braked a little too quickly, lost control and ended up sideways
on the road just before the car. The driver said sorry then
drove off, ignoring my request for her details.
Two other cars stopped to give me their details as witnesses.

I ended up with some very minor bruising and grazes, and some
minor grazes to the handlebar grip and packrack. No problems
riding home - I must have met all the turkeys earlier in the
day.

I usually do go past that intersection a little slower
because the stupid drivers do tend to pull out, turning
right across your path, but in this case I thought (wrongly)
that the driver couldn't pull out because there was another
car blocking the other side of the road.

I reported it to the police. The constable (who also rides a
bicycle) was very good about it, but the critical thing was
that there wasn't a collision with the car. Consequently
the driver was not required to exchange details, and was
not required to check if I was Ok.

The driver did fail to give way, and would be getting a phone
call from the constable to discuss their responsibilities on
the road. They may also get a penalty notice.

This does raise an interesting question.
If one vehicle runs a second vehicle off the road and into
a tree, but the two vehicles don't touch, is the first
driver required to stop to render assistance?


--
ghostgum

On Fri, 16 Sep 2005 09:32:33 +1000, ghostgum wrote:

I usually do go past that intersection a little slower
because the stupid drivers do tend to pull out, turning
right across your path, but in this case I thought (wrongly)
that the driver couldn't pull out because there was another
car blocking the other side of the road.

I'm always amazed by the number of idiots who happily
drive into blocked intersections, pedestrian crossings,
even tram and train crossings. Sometimes I stop to discuss
their stupidity with them as I squeeze past, and they look
as me as though I'm from another planet.

--
Home page: http://members.westnet.com.au/mvw

Michael Warner wrote:
Sometimes I stop to discuss
their stupidity with them as I squeeze past, and they look
as me as though I'm from another planet.

And are you?

Theo

ghostgum Wrote:
After 9 year of bike commuting (almost 4 years in this session)
I finally came off the bike. Riding along at about 30km/h when
a car pulls out from stationary at a stop sign into my path.
I braked a little too quickly, lost control and ended up sideways
on the road just before the car. The driver said sorry then
drove off, ignoring my request for her details.
Two other cars stopped to give me their details as witnesses.

I ended up with some very minor bruising and grazes, and some
minor grazes to the handlebar grip and packrack. No problems
riding home - I must have met all the turkeys earlier in the
day.

I usually do go past that intersection a little slower
because the stupid drivers do tend to pull out, turning
right across your path, but in this case I thought (wrongly)
that the driver couldn't pull out because there was another
car blocking the other side of the road.

I reported it to the police. The constable (who also rides a
bicycle) was very good about it, but the critical thing was
that there wasn't a collision with the car. Consequently
the driver was not required to exchange details, and was
not required to check if I was Ok.

The driver did fail to give way, and would be getting a phone
call from the constable to discuss their responsibilities on
the road. They may also get a penalty notice.

This does raise an interesting question.
If one vehicle runs a second vehicle off the road and into
a tree, but the two vehicles don't touch, is the first
driver required to stop to render assistance?
Glad you are OK.

That drivers attitude really sucks. Hope she is made to pay.

Cudos to police for the right attitude (so far), thumbs down to the law
for being an ass.


--
sinus

Michael Warner Wrote:

I'm always amazed by the number of idiots who happily
drive into blocked intersections, pedestrian crossings,
even tram and train crossings. Sometimes I stop to discuss
their stupidity with them as I squeeze past, and they look
as me as though I'm from another planet.

Riding down Toorak Rd last Saturday this guy half blocks my access so I
have a few nice words with him, the next intersection he fully blocks
the intersection. What planet do these guys live on.

Last night riding home along Waverly road just past Blackburn road,
this woman pulls along side me, swearing and tooting her horn. So she
disapears into the distance thinking she would never see me again. So
at the next set of light I knock on her window asking nicely what did I
do, she just sat there swearing at me with her window up. Just another
idiot driving a car I suppose.


--
Dancier

ghostgum Wrote:
This does raise an interesting question.
If one vehicle runs a second vehicle off the road and into
a tree, but the two vehicles don't touch, is the first
driver required to stop to render assistance?You'd have to check the relevant legislation. It may be a grey area....

Regardless of what that says, the driver caused you to crash and will
liable as far as insurance goes (if there's enough damage and if you
choose to claim against their insurance). Of course, their insurance
company will try and get out of it, but I know of numerous cases of
motorcyclists who have gone down due to a dopey driver, not collided
with said driver's car, and still been successful in claiming against
mr dopey's insurance. Having witnesses will help a lot.


--
Peka

Theo Bekkers wrote:
Michael Warner wrote:

Sometimes I stop to discuss
their stupidity with them as I squeeze past, and they look
as me as though I'm from another planet.


And are you?

maybe it's the "Spock" ears

ghostgum Wrote:

This does raise an interesting question.
If one vehicle runs a second vehicle off the road and into
a tree, but the two vehicles don't touch, is the first
driver required to stop to render assistance?


Ahh, interesting. Under new legislation in Victoria, it's illegal to
leave the scene of an accident (ie: several high profile hit-run cases
here). Anyone want to follow detail of this up, I'm kinda busy.
Otherwise, it's damn good to known you're ok & still on the bike. Lets
us known how you go with police & followup.


--
cfsmtb

"cfsmtb" wrote in message
...

ghostgum Wrote:

This does raise an interesting question.
If one vehicle runs a second vehicle off the road and into
a tree, but the two vehicles don't touch, is the first
driver required to stop to render assistance?


Ahh, interesting. Under new legislation in Victoria, it's illegal to
leave the scene of an accident (ie: several high profile hit-run cases
here). Anyone want to follow detail of this up, I'm kinda busy.
Otherwise, it's damn good to known you're ok & still on the bike. Lets
us known how you go with police & followup.

My reading of the current regulations found the following,
which seems to suggest that the other driver should not
have left the scene. However I am puzzled by the text
"(other than a motor vehicle)". This appears to be the
only paragraph about this topic.


287. Duties of a driver involved in an accident
(1) If owing to the presence of a vehicle (other than a motor vehicle) an accident
occurs whereby any person is injured or any property (including any animal)
is damaged or destroyed, the driver of the vehicle-
(a) must immediately stop the vehicle; and
(b) must immediately render such assistance as he or she can; and
(c) must at the scene of the accident as soon as possible give his or her
name and address and also the name and address of the owner of the
vehicle and the identifying number of the vehicle-
(i) to any person who has been injured or to the owner of any
property which has been damaged or destroyed; or
(ii) to a person representing the injured person or the owner of the
property; and
(d) must at the scene of the accident as soon as possible give those
names and addresses to any police officer who is present; and
(e) if any person is injured and no police officer is present at the scene of
the accident, must as soon as possible report in person full particulars
of the accident at the police station that is most accessible from the
scene of the accident if that station is open and, if it is not open, at the
next most accessible station; and
(f) if any property is damaged or destroyed and neither the owner of the
property nor any person representing the owner nor any police officer
is present at the scene of the accident, must as soon as possible report
in person full particulars of the accident at the police station that is most
accessible from the scene of the accident if that station is open and, if
it is not open, at the next most accessible station.
Penalty: 3 penalty units.
Note The accident reporting requirements for motor vehicles is in section 61 of the Road
Safety Act 1986.
(2) In this rule-
accident has the same meaning as crash.
Note Crash is defined in the dictionary.

From the dictionary:
crash includes-
(a) a collision between 2 or more vehicles; and
(b) any other accident or incident involving a vehicle in which a person is
killed or injured, property is damaged, or an animal in someone's
charge is killed or injured.
Note Vehicle is defined in rule 15.

ghostgum wrote:
After 9 year of bike commuting (almost 4 years in this session)
I finally came off the bike. Riding along at about 30km/h when
a car pulls out from stationary at a stop sign into my path.
I braked a little too quickly, lost control and ended up sideways
on the road just before the car. The driver said sorry then
drove off, ignoring my request for her details.
Two other cars stopped to give me their details as witnesses.

I ended up with some very minor bruising and grazes, and some
minor grazes to the handlebar grip and packrack. No problems
riding home - I must have met all the turkeys earlier in the
day.

I usually do go past that intersection a little slower
because the stupid drivers do tend to pull out, turning
right across your path, but in this case I thought (wrongly)
that the driver couldn't pull out because there was another
car blocking the other side of the road.

I reported it to the police. The constable (who also rides a
bicycle) was very good about it, but the critical thing was
that there wasn't a collision with the car. Consequently
the driver was not required to exchange details, and was
not required to check if I was Ok.

The driver did fail to give way, and would be getting a phone
call from the constable to discuss their responsibilities on
the road. They may also get a penalty notice.

This does raise an interesting question.
If one vehicle runs a second vehicle off the road and into
a tree, but the two vehicles don't touch, is the first
driver required to stop to render assistance?


Yeah. ANd you still have a civil claim against her.