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Another factor in the car blind spot issue is spectacle frames and side arms.... even though my glasses have thin wire frames there is an appreciable shadow in the direction of the A-pillar....
Gordy
My first ever AM radio network connection was with a 1MHz AM crystal(OA91) radio receiver.
Blind spot or not, still the drivers responsibility to check the way is clear. It's a mitigating factor, not an excuse.
Ute clearly at fault as was reversing. Bugger this happened at this time of the year also.
Lazy is such an ugly word, I prefer to call it selective participation
Jase2985: >im not blaming the OP at all they were hit by a reversing vehicle and the blame is 100% on the other driver, but there are some things that could have been done to minimize or prevent this from even happening.
Eva888: Mr E had identical accident but he was the one backing out. Insurance deemed fault 50/50 to both drivers.
Just bad luck and made worse because of the time of year. No one hurt is the best and most important outcome.
Wait - what???? If both cars were backing out, then sure. Otherwise, no way.
Eva888: @Fred99 No, husband was backing out, other car was driving past. 50/50 fault insurance said.
There's absolutely no way that's reasonable unless there was evidence that the other driver wasn't taking care / paying attention etc.
IANAL, but IIRC a general rule applied is that the last person capable of avoiding an accident is responsible. IOW if someone fails to give way and you could have braked safely but you don't use the brakes and run into them, then it's your fault - despite the other driver breaking driving laws.
Possibly the same insurance company double-dipping - getting an excess payment from both drivers.
Fred99:
Possibly the same insurance company double-dipping - getting an excess payment from both drivers.
I'd say that's the case here...
Handsome Dan Has Spoken.
Handsome Dan needs to stop adding three dots to every sentence...
Handsome Dan does not currently have a side hustle as the mascot for Yale
*Gladly accepting donations...
How can an A Pillar be used as an excuse . Its just BS for not looking properly
If a car has a blind spot then its up to the driver to take extra precautions
look in the mirrors, out the back window , move your head perhaps
I bet he just didnt look properly .
Ive had the same thing , ute reversed out of car park & hit me .
Sorry. gotta ask, why is it 100% the reversing drivers fault ?
“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith
rb99
rb99:
Sorry. gotta ask, why is it 100% the reversing drivers fault ?
AFAIK, in NZ it's not. Overseas it is (IIRC in Aus) - if you're reversing you've never got right of way. I'm not sure if they brought that law in after some high profile cases of people running over and accidentally killing their own and other people's kids in their driveways. There is now never an excuse.
OTOH the situation described by the OP that someone reversing out of park and hits a passing car, I'm gobsmacked that anybody would consider it reasonable that the driver going past was 50% to blame. Unless there's something much more to the incident than as described.
Just wondering. It seems (almost) everyone says reversing out, 100% their fault. Just seems there's a difference between reversing out with a bit of speed after a quick glance round vs looking properly, going slowly while trying to spot traffic approaching through the blacked out windows of the pointlessly big ute thing you had to park next too. And in this case there seems to have been someone reversing, who maybe with a blind spot, didn't spot the other car tracking along in the blind spot, and hitting someone who said they had a blind spot, with the other car reversing along in said blind spot.
“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith
rb99
TBH I'm beginning to wonder if accidents even exist any more, someones got to be blamed. I have yet to meet someone infallible (even when looking in the mirror...). I believe the phrase is, just occasionally, 'sh!t happens'
“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith
rb99
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