Opinions on Liability and Blame

FordACE · 06-12-2005, 01:22 AM

Hi guys.

was parked outside of work this morning and had a semi trailor back into my car. My insurance says and believes i'm not at fault for the incident, therefore I don't have to pay an excess. But the truck driver was of the opinion that I was illegally parked. Note here that there are no "no standing" signs in place, nor was I parked in the drive way of this other company. From the photos do you think I was illegally parked.

Awaiting opinions.

Paul

THORNSPAWN · 06-12-2005, 01:42 AM

Nope miles away. Trucks fault.

FordACE · 06-12-2005, 01:46 AM

thanks mate. essentially backed up what i was thinking.

You should have heard this guy trying to worm his way out of it. It was very frustrating trying to talk to this guy. Won't go into details now. Bed awaits me.

AUIII XR8 MAN · 06-12-2005, 07:30 AM

Doesn't matter where you were park, his was revesing & you car was parked & not moving so it ws his fault end of store.

Rodp · 06-12-2005, 07:31 AM

Nope, if the front of the car was poking out in the driveway, for sure... but it's not.

Car is well out of the way. You've got photos and the drivers details, hand it to your insurer and let them stick it to the driver.

LTDHO · 06-12-2005, 07:43 AM

Fact:

just because a car is illegally parked doesn't mean it can be driven into.

So, the truck driver is 100% liable.

Steffo · 06-12-2005, 07:47 AM

Truck driver's fault, 100%.

06-12-2005, 08:03 AM

Quote:

Originally Posted by LTDHO

Fact:

just because a car is illegally parked doesn't mean it can be driven into.

damn, that sux.....

MITCHAY · 06-12-2005, 08:04 AM

One of the many reasons why it is good to have a camera handy. As someone said hand over the pics and let them deal with it.

Racecraft · 06-12-2005, 08:59 AM

You are parked illegally.. you are not allowed to stop/park with 3 meters of a driveway or a corner.. Saying that though doesn't give him the right to run into you I dont think

4.9 EF Futura · 06-12-2005, 09:30 AM

Quote:

Originally Posted by LTDHO

Fact:

just because a car is illegally parked doesn't mean it can be driven into.

So, the truck driver is 100% liable.

Well said.

Yes, a bit close to the driveway but the legality of the parking is not the issue. Im sure your insurance company will agree.

You could park across the driveway and it still doesnt give anyone the right to smash your car without liability.

BJ · 06-12-2005, 09:33 AM

Quote:

Originally Posted by Racecraft

You are parked illegally.. you are not allowed to stop/park with 3 meters of a driveway or a corner.. Saying that though doesn't give him the right to run into you I dont think

Yep i agree with that. And once the insurance company See's the photos i think they will to.

pauljh74 · 06-12-2005, 09:51 AM

To avoid the chance of this sort of thing happening, it is better to stay clearer of the driveway in places where trucks come and go. As people have said, even if you're parked illegally, it doesn't mean someone can smash into you without being liable.
If you parked in the middle of an intersection, and 30 seconds later a car went through a green light and crashed into you, they wouldn't get away with it.

FordACE · 06-12-2005, 09:56 AM

where does the drive way begin and where does it end? i was at least 2 metres back from the fence opening of the joint. So is the driveway from the straight edge of the cement, or the bit that curves around into the gutter?

Thanks guys for your opinions. Even if I was a little close, he should have assessed the situation and told the guys where i work to get whoever owns the car to move it. NOt just reverse into it.

FordACE · 06-12-2005, 10:16 AM

Quote:

Originally Posted by pauljh74

To avoid the chance of this sort of thing happening, it is better to stay clearer of the driveway in places where trucks come and go. As people have said, even if you're parked illegally, it doesn't mean someone can smash into you without being liable.
If you parked in the middle of an intersection, and 30 seconds later a car went through a green light and crashed into you, they wouldn't get away with it.

My workplace has no parking bays. Along that street, if you want a bay, you have to park near a drive way, cause there are so many of them. Maybe i should walk to work or ride a bike to prevent this sort of thing happening.

Yaw · 06-12-2005, 10:26 AM

Quote:

Originally Posted by LTDHO

Fact:

just because a car is illegally parked doesn't mean it can be driven into.

So, the truck driver is 100% liable.

This is 100% correct. You could have been double parked or stationary blocking the entire road, still the trucks fault. Let your insurance worry about the issue, believe me his insurance comapny will admit liablity once your insuance company contacts his.

Racecraft · 06-12-2005, 10:45 AM

its is 3m from the curve in the concrete, where the gutter slopes not the fence

FordACE · 06-12-2005, 01:59 PM

Quote:

Originally Posted by Racecraft

its is 3m from the curve in the concrete, where the gutter slopes not the fence

fair enough. i will steer clear of any such drive ways. to be honest, i thought the rule was 1 metre from drive ways, and 3 metres from corners. oh well.

anyway, car is in at the repairers. Getting new front bumper, etc etc. will let u know how it all works out.

JC · 06-12-2005, 02:13 PM

I don't know why you are even worried. Hand it over to the insurance company and let them sort out who is at fault. It's their job to do that. The pictures you have clearly show the damage to the car, and the truck (I assume) that did it. What it doesn't show was that the car was parked and was not actually moving at the time of the crash.

FordACE · 06-12-2005, 02:22 PM

Quote:

Originally Posted by JC-XRWgn

I don't know why you are even worried. Hand it over to the insurance company and let them sort out who is at fault. It's their job to do that. The pictures you have clearly show the damage to the car, and the truck (I assume) that did it. What it doesn't show was that the car was parked and was not actually moving at the time of the crash.

Well I am letting the insurance company sort it out. I'm just wanting an opinion on whose fault it really is. Mine, the drivers, or are we both to blame?

As for the pictures not showing if the car was parked or not, I think it clearly does show the car was parked. There is another car right behind mine parked. And also, the broken glass on the floor indicates that the incident occured exactly where the car is situated in the picture.

As you can see from one of the pictures, there is a drive way pretty much right behind the other red car parked behind me as well. NOt alot of room to move in this street.

One other thing the truck driver said was that the blue car in the first picture is illegaly parked as well. and he said that when he comes out he might hit that one too. seems like he doesn't really care much about the way he drives.

max^power · 06-12-2005, 02:35 PM

While i've never driven a truck, and never would want to, i can see his point. Many drivers dont park in the correct places, but this is not an excuse to carelessly damage cars.

I'd suggest either getting to work earlier and getting a better spot, or park further away in a better spot. You have to look at it from his point of view, and it looks like he's driving a massive truck, which would be pretty darn hard to get in a tight driveway like that with cars in the way. He could have just asked for it to be moved, or called the council as you were parked illegally.

FordACE · 06-12-2005, 03:15 PM

so from most of what people are saying here, I was parked illegally. I have been looking up the laws in queesland and can't find the specific rule about drive ways.

Anyway, if I am parked illegally, does this mean that I should be coughing up some of the repair money? Or as the majority have been saying, it is still his fault because he smashed into a parked vehicle? It's a bit confusing to say the least.

FordACE · 06-12-2005, 03:32 PM

Clicky

I don't see anything stating about parking near drive ways. I don't have my learners book with me, so I can't even look that up.

haha. just found that i'm not parked illegally. Just looked up the transport operations regulation. look at pages 177-178 of this pdf HERE
per section 198 of that regulation

f6xer · 06-12-2005, 03:34 PM

Unfortunatly or maybe fortunatly for you the insurance company will sort it out and regardless of who is at fault they will do what ever they can to rip the cost out of one of the parties. As long as they're not picking up the bill is all they care about.

Keepleft · 06-12-2005, 04:06 PM

That your illegally parked is not a defence for a person to run into your vehicle. I've won on this a few times over the last 15 years when yob types so claim. Seek legal advice.

**GasoLane** · 06-12-2005, 04:45 PM

I dont think legality comes into it. Yes, you were way too close to the gate especially if you work there and know that Semi's have to back it to load/unload.

The point here is that he misjudged the gate and your car and therefore he is at fault. What he should have done, if he thought it would be a tight fit, is ask someone to watch your car or find the owner and ask them to move it. If that fails then he should load/unload on the street.

Having driven Semi's for the last 30+ years I've been in this situation countless times (NO, not hit parked cars ya fool!) and have more than once had to unload on the street because someone has parked too close to a driveway.

parawolf · 06-12-2005, 04:50 PM

I think the graphic on top of page 176, and the lack of distances from a driveway specifically show that you are legally parked. The graphic clearly shows minimal established distance from the 'curved' section of the gutter to the start of the green "acceptably parked" car.

To me, your car is parked in the exact manner showed in that document as the green "acceptable" car.

Redrum · 06-12-2005, 04:56 PM

If this was Victoria truck driver would be charged with careless driving.

parawolf · 06-12-2005, 04:59 PM

Quote:

Originally Posted by Redrum

If this was Victoria truck driver would be charged with careless driving.

Then run over by a taxi...

then shot by police...

then arrested on terrorist grounds.

FordACE · 06-12-2005, 04:59 PM

Quote:

Originally Posted by parawolf

I think the graphic on top of page 176, and the lack of distances from a driveway specifically show that you are legally parked. The graphic clearly shows minimal established distance from the 'curved' section of the gutter to the start of the green "acceptably parked" car.

To me, your car is parked in the exact manner showed in that document as the green "acceptable" car.

And thus clearly, I am legally parked. I knew I was right. I have a hard head when it comes to being in the wrong. If I am in the wrong, then fine, i cop it. But not if i'm not.