|
Welcome to the Australian Ford Forums forum. You are currently viewing our boards as a guest which gives you limited access to view most discussions and inserts advertising. By joining our free community you will have access to post topics, communicate privately with other members, respond to polls, upload content and access many other special features without post based advertising banners. Registration is simple and absolutely free so please, join our community today! If you have any problems with the registration process or your account login, please contact us. Please Note: All new registrations go through a manual approval queue to keep spammers out. This is checked twice each day so there will be a delay before your registration is activated. |
|
The Pub For General Automotive Related Talk |
|
Thread Tools | Display Modes |
|
20-01-2015, 01:22 PM | #1 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
Will be interesting to see how this pans out:
http://www.abc.net.au/news/2015-01-1...960?section=wa Quote:
__________________
regards Blue |
|||
20-01-2015, 01:33 PM | #2 | ||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,753
|
One lesson here is to keep a reasonable distance between cars when driving which obviously was not the case leading to an unfortunate accident.
|
||
This user likes this post: |
20-01-2015, 01:36 PM | #3 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Brisvagas
Posts: 2,547
|
How odes Mr Annandale have a defence? Supposed to drive with emergency stopping in mind.
|
||
20-01-2015, 02:30 PM | #4 | ||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: W.A.
Posts: 691
|
Doesn't say what the speed limit was. If the driver was doing 70 in a 90km zone well deifferent story.
|
||
20-01-2015, 02:36 PM | #5 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
Slowed to 40 in a 70 zone I understand and as there in no minimum speed limit I think they are trying for dangerous driving on the basis he slowed suddenly and unnecessarily. More here https://au.news.yahoo.com/thewest/wa...hain-reaction/
Quote:
__________________
regards Blue Last edited by aussiblue; 20-01-2015 at 02:41 PM. |
|||
27-01-2015, 05:46 PM | #6 | |||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: W.A.
Posts: 691
|
Quote:
|
|||
20-01-2015, 02:44 PM | #7 | ||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
If he slowed gently to allow a tail gating car to pass I think it would be unfair if he is found guilty. But if he braked heavily to annoy the tailgater that was stupid. As I said, it will be interesting to see how it pans out and what the actual circumstances were.
__________________
regards Blue |
||
20-01-2015, 02:44 PM | #8 | ||
Not of the Sooty variety!
Join Date: Dec 2004
Location: On a Shrinking Planet
Posts: 1,817
|
What a ******. And by the sounds of it, attempting to weasel his way out of it by claiming he was sneezing.
__________________
"To be afraid is to be alive - to act against that fear is to be a person of courage." Current
The Toy: 2002 AUIII TS50 The Daily and Tow Vehicle: 2016 VW Amarok |
||
8 users like this post: |
20-01-2015, 03:03 PM | #9 | ||
FF.Com.Au Hardcore
Join Date: Sep 2005
Posts: 1,848
|
If no car hit him, then in reality he was not at fault.
I could do doughnuts on a freeway, and if two cars in an attempt to avoid me, crash : it is not my fault - however I should be fined for doing doughnuts on a freeway. |
||
20-01-2015, 08:15 PM | #10 | |||
FF.Com.Au Hardcore
Join Date: Aug 2007
Posts: 1,874
|
Quote:
if not then hand in your license asap |
|||
2 users like this post: |
21-01-2015, 02:06 PM | #11 | |||
FF.Com.Au Hardcore
Join Date: Sep 2005
Posts: 1,848
|
Quote:
My statement stands - If car2 avoids car1 in a manner that results in an accident, the the accident is not the fault of car1, rather car2. If car1 was behaving illegally, then a fine may be handed down for that, but not for the accident. If I am wrong, there must have been a change in the law in this area. I have anecdotal evidence, does anyone have current law to quote ? |
|||
This user likes this post: |
20-01-2015, 03:17 PM | #12 | ||
Boss 335
Join Date: Jan 2006
Posts: 4,330
|
Always thought that no contact between vehicles = no accident happened. Was Mr Allen even obligated to stop as the accident was between the cars behind him and in the opposite lane? Guess maybe under Australian law its probably still classed as some kind of crime, where things that "could have happened" are the basis for some laws.
|
||
This user likes this post: |
26-01-2015, 02:00 AM | #13 | |||
Banned
Join Date: Sep 2005
Location: Ipswich QLD
Posts: 4,697
|
Quote:
Maybe the people 'tailgating' should be blamed for triggering...aswell as the 'rear end' offenders blamed aswell. That goes by the laws as far as I know! |
|||
20-01-2015, 03:41 PM | #14 | ||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
.. and as the Police here in WA have publically advised that the appropriate way to deal with a tail-gater is to either slow down or pull over to allow to pass, it would be very unfair to now prosecute him if slowed gently. If he hit is brakes and slowed abruptly it's another story.
__________________
regards Blue |
||
20-01-2015, 03:57 PM | #15 | ||
Regular Member
Join Date: Jul 2013
Location: Hills District
Posts: 424
|
So car 3 hits car 2 because car 1 was driving too slow. Surely, this is the fault of car 3. If 2 hit 1 then it would be the fault of car 2. I would have thought that car 1's speed is irrelevant. Unless car 1 suddenly pulled in front of car 2 and slammed the brakes. Surely cars 2 and 3 need to leave safe breaking distances for emergency braking?
__________________
FG MkII XR6T Limited Edition Manual Bilstein shocks, SuperPro Bushes, MalWood Shifter Front tyres: Goodyear Eagle F1 A2 245-35-19 Rear tyres: Toyo R888 265-30-19 3.5inch custom exhaust with imitation stock tip, PW Stage 2 cooler (black), ID 1000, XCAL3, Plazmaman intake, Herrod Spark Booster BorgWarner EFR 9174 Autotech 420rwkw |
||
20-01-2015, 04:27 PM | #16 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Posts: 5,085
|
Its made more complicated by the fact that car 1 deliberately slowed so as to cause a collision (can it be proven though...).
|
||
20-01-2015, 04:43 PM | #17 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
More in the print version of the West but the full facts are still very unclear.
Quote:
I have also driven in the area a few times and it is not uncommon for drivers to slow unexpectedly as they look for hard to find addresses in this semi-rural area and you drive accordingly. Other than that and a rural rail crossing (no boom gates) it is a very straight road so you can easily read the traffic ahead (have a look at the addresses; Watkins Road - South West Hwy Intersection Mundijong on Google Earth if you are interested). All very tragic for all concerned whatever the outcome.
__________________
regards Blue Last edited by aussiblue; 20-01-2015 at 04:53 PM. |
|||
This user likes this post: |
20-01-2015, 05:14 PM | #18 | ||
FF.Com.Au Hardcore
Join Date: Mar 2007
Posts: 2,699
|
I'd say it's the utes fault but if he was keeping left (not in the right lane) then blame definitely has to go to the green car and the ute is 100% clean. He can drive how he wants (although 40 may be considered too slow) as long as he's keeping left.
Otherwise the red and green car both had a right to be frustrated with the ute illegally hugging and self absorbingly whoring time out of their day as though his pace dictates everyone elses. There are many stresses and circumstances in life (eg. a job interview, hospital emergency) and it's unrealistic to assume in this event those people under that stress CAN actually remain calm in such a situation (they actually NEED to get past the hugger). That's why they allow a free lane ffs. His responsible for the entire thing as his illegal hugging has displaced the position of the vehicles tightly behind him 100% responsible for the accident occurring. The scrawny pale crackhead in the commodore wouldn't of actually hit anyone if the ute kept left, which was the first illegal event to spark the chain reaction of others.
__________________
EB II 1992 Fairmont - koni reds, wade 977b, 2.5inch/4480's and much more to come! Last edited by ILLaViTaR; 20-01-2015 at 05:22 PM. |
||
20-01-2015, 05:23 PM | #19 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
Quote:
__________________
regards Blue |
|||
20-01-2015, 08:31 PM | #20 | ||
Clevo Mafia Inc.
Join Date: Dec 2004
Location: Melbourne
Posts: 10,496
|
Sounds like he brake checked the car behind and is trying to play innocent.
|
||
20-01-2015, 08:32 PM | #21 | ||
FF.Com.Au Hardcore
Join Date: Jun 2013
Location: Adelaide
Posts: 1,628
|
As a lawyer type person who does traffic cases once told me, it is every drivers right to hit the breaks and STOP for whatever reason, ANY time they see fit. It is ALWAYS the following cars responsibility to travel at a distance to allow it to stop or avoid the car in front. Argue the merits of this as you will but that's how the law sees it. In these cases it would be all but impossible to prove intent of driver.
__________________
____________________ 2024 TOYOTA HIACE 2019 LDV G10-GONE THANKFULLY 2009 Mitsubishi Express-GONE 2011 Honda Jazz ____________________ |
||
20-01-2015, 08:39 PM | #22 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
Quote:
__________________
regards Blue |
|||
20-01-2015, 08:51 PM | #23 | ||
Regular Member
Join Date: Jan 2010
Posts: 361
|
|
||
20-01-2015, 08:55 PM | #24 | ||
FF.Com.Au Hardcore
Join Date: Jul 2010
Location: NSW
Posts: 4,344
|
Whether he brake checked or not, the Green car should of left a safe gap for emergency stopping or if their as a gap they should of been paying proper attention ahead.
I swear so many people tailgate without even thinking they are. I travel in cars with many different people, a couple of times now I have made a comment about how close different drivers were traveling to the vehicle in front and both times the response was something like "Its not that close, I've got enough room to stop" This is like a 1 to 1.5 second gap at 80kmh+ I have never brake checked because I don't trust people enough to not crash, the best thing I have found is keep accelerating but tap the brake on and off lightly with your left foot. Not enough to slow, just enough to activate the brake likes. Every time I have done this the car behind has backed off and never got aggressive. |
||
20-01-2015, 09:04 PM | #25 | ||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
Whatever the outcome it's likely to have implications for how we all drive in future, even if it just confirms what we understand is what we understand is the law now.
__________________
regards Blue |
||
20-01-2015, 10:23 PM | #26 | ||
Regular Member
Join Date: Oct 2014
Posts: 76
|
Agreed. This will set a precedent for all other similar incidents in the future. It's a news we should all follow closely.
|
||
20-01-2015, 10:45 PM | #27 | ||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,753
|
Quite simple, if people do not tail gate & allow safe distance between cars this would not have happened, we do get taught this!
|
||
21-01-2015, 01:43 AM | #28 | ||
Banned
Join Date: Jan 2015
Location: WA Coastline
Posts: 48
|
Car 3 at fault for mine...wasn't reading the play. And tailgaters **** me to tears. I just stay on the speed limit and relax whilst they rage.
|
||
This user likes this post: |
20-01-2015, 09:15 PM | #29 | ||
Isn't it obvious?
Join Date: Nov 2009
Location: in a world of idiots
Posts: 5,383
|
I thought you could get done for travelling too slow
Eg.... 50 in an 80 Not saying this happened in this case, just asking the question?
__________________
08 Strike G6E T. 10 Ergo G6E Sept 75 XB Falcon in mushroom beige, 3 on the tree 200cid for sale, offers in the teens |
||
This user likes this post: |
20-01-2015, 09:23 PM | #30 | |||
FG XR6 Ute & Sedan
Join Date: Oct 2006
Location: Bibra Lake WA
Posts: 23,608
|
Quote:
__________________
regards Blue |
|||