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Topic # 124575 12-Jul-2013 17:52
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So I just got into my first accident yesterday morning rush hour.  I just need some input of the fine and also hope forumers won't get into the situation I was in as it could have turned out very very bad.  It was a car vs bike and I was the driver.  Thankfully he did not sustain major injuries, only sprained his hand.

Now I have no problems with liability on me.  However the police is booking me for careless driving $150 + 1 warning?  I have drawn up what happened below.

I was on the median waiting to turn into the driveway on a 60km/h road.  It was rush hour and both lanes left a gap for me to go through.  So I proceed with my turning at a reasonable speed making sure I was clear.  Next moment a bike is coming from the left of the van and slams into my rear left passenger door.  There was no way I could see him due to the van and school buses behind it except if I was directly 90 degrees to the bike.  There were no skid marks as the bike did not see my car either.

Now my problem is, I'm getting done for 'careless' driving but I can honestly say it was an unavoidable accident.  I don't know what you guys think and I need some input.  Should I just accept the fine?  He said the motorcyclist is going at normal speed and I questioned him the fact if travelling at 'normal speed' is reasonable speed in a traffic jam.  The witness in the van said to the ambulance crew that there was a bus behind him and the driver (me) wasn't able to see the bike.  The ambulance crew member told me not to worry as he is fine and just verbally assured me that I did not do anything wrong.  This was before the cops arrived.  

Either way the cop told me this fine was the best outcome for me, even though he knows I would not have been able to see the bike that I still failed to give way.  

Just need some input if I should accept the fine or not.


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  Reply # 854497 12-Jul-2013 18:10
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Careless is their way of telling you off... bloody annoying, but they do it all the time.
I've been done for it by reversing a truck on the far left side of a clear road (with flashing orange lights, hazard lights and reverse beeper) into a car (full of students on a restricted) that pulled up behind me after I was already going backwards. Went to court and still didn't win.
Frustrating.

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  Reply # 854499 12-Jul-2013 18:15
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I would have though that in your case, the motorcyclist was lane-splitting and in the wrong.
You are probably still going to get ticketed, (no situation is 'unavoidable') but certainly looks like a pretty extraordinary situation



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  Reply # 854501 12-Jul-2013 18:19
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kiwi_64: I would have though that in your case, the motorcyclist was lane-splitting and in the wrong.
You are probably still going to get ticketed, (no situation is 'unavoidable') but certainly looks like a pretty extraordinary situation


Yeah my dad told me I should buy the lottery.  Citing that even if someone wants to purposely go out to hit a bike, he'd have a trouble finding one to hit.  And yet I get into this bizarre situation with so many factors coming into play, I can be featured on CSI.

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  Reply # 854502 12-Jul-2013 18:21
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kiwi_64: I would have though that in your case, the motorcyclist was lane-splitting and in the wrong.
You are probably still going to get ticketed, (no situation is 'unavoidable') but certainly looks like a pretty extraordinary situation

Lane splitting isn't the issue... you can pass to the right of any car if you stay in your lane. The biker was actually in the wrong by passing on the left, but then, he was the one that got run into. 

My ex hit a car that indicated to turn, so she went... the car went straight, she got "careless". 



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  Reply # 854504 12-Jul-2013 18:25
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blakamin:
kiwi_64: I would have though that in your case, the motorcyclist was lane-splitting and in the wrong.
You are probably still going to get ticketed, (no situation is 'unavoidable') but certainly looks like a pretty extraordinary situation

Lane splitting isn't the issue... you can pass to the right of any car if you stay in your lane. The biker was actually in the wrong by passing on the left, but then, he was the one that got run into. 

My ex hit a car that indicated to turn, so she went... the car went straight, she got "careless". 


I did some research but apparently it is alright to overtake vehicles on the left if they are either stationary or turning right.  In all other cases, overtake on the right.  There is no clear rule in NZ against lane splitting sadly.

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Reply # 854505 12-Jul-2013 18:27
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this situation will always happen as long as Police continue to allow cyclists and motorcyclists to pass on the left and even weave in and out of traffic in heavy traffic like this.   As a driver you could have still gone when those others waved you to but be ready to stop in case a cyclist etc did pass on left. 
 




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  Reply # 854506 12-Jul-2013 18:30
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blakamin: My ex hit a car that indicated to turn, so she went... the car went straight, she got "careless". 


Don't get me started on idiots who can't indicate when going through roundabouts.





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  Reply # 854507 12-Jul-2013 18:30
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Ratez:
blakamin:
kiwi_64: I would have though that in your case, the motorcyclist was lane-splitting and in the wrong.
You are probably still going to get ticketed, (no situation is 'unavoidable') but certainly looks like a pretty extraordinary situation

Lane splitting isn't the issue... you can pass to the right of any car if you stay in your lane. The biker was actually in the wrong by passing on the left, but then, he was the one that got run into. 

My ex hit a car that indicated to turn, so she went... the car went straight, she got "careless". 


I did some research but apparently it is alright to overtake vehicles on the left if they are either stationary or turning right.  In all other cases, overtake on the right.  There is no clear rule in NZ against lane splitting sadly.
yes it is legal to pass on left as long as you are in your lane.  In your case there was already a vehicle in that lane and the bike was passing on the left which needs to be cracked down on and be banned




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  Reply # 854508 12-Jul-2013 18:30
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Ratez:
blakamin:
kiwi_64: I would have though that in your case, the motorcyclist was lane-splitting and in the wrong.
You are probably still going to get ticketed, (no situation is 'unavoidable') but certainly looks like a pretty extraordinary situation

Lane splitting isn't the issue... you can pass to the right of any car if you stay in your lane. The biker was actually in the wrong by passing on the left, but then, he was the one that got run into. 

My ex hit a car that indicated to turn, so she went... the car went straight, she got "careless". 


I did some research but apparently it is alright to overtake vehicles on the left if they are either stationary or turning right.  In all other cases, overtake on the right.  There is no clear rule in NZ against lane splitting sadly.


Only if they're in another lane according to the cop that did me for "undertaking" on my ducati. lol.

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  Reply # 854510 12-Jul-2013 18:31
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freitasm:
blakamin: My ex hit a car that indicated to turn, so she went... the car went straight, she got "careless". 


Don't get me started on idiots who can't indicate when going through roundabouts.



LMAO... As an ex truck driver, I know that one really well!

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  Reply # 854511 12-Jul-2013 18:36
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I'm afraid I tend to hold up traffic a little at round abouts here.  If someone indicates right, I wait to make sure they are indeed going right as so many go straight ahead.  Worse of all I have been behind Police at times who have indicated they are turning right but then go straight ahead.  Admttedly last time was a year ago but I still make sure they are going where they indicate




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  Reply # 854512 12-Jul-2013 18:40
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So now my question is, is the biker illegal to be lane splitting on the left? Because im the only one getting booked :|.

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  Reply # 854515 12-Jul-2013 18:45
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The car I backed into had 5 passengers and nobody with a full licence... makes no difference. :-/
Sad, but true.

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  Reply # 854516 12-Jul-2013 18:49
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there are 2 issues here

1) unfortunately you were in the wrong legally as the cyclist was going straight hence had the right of way. however if the cyclist was in fact speeding past and overtaking the van on the left and knew you were coming, you could say in terms of common sense he was wrong.

2) every one of us would probably have made the turn given the circumstance. I guess defensive driving principles would say do not go if you can't see what's coming behind the van - you did not have line of sight, better safe and sorry. but yes, in the heat of the moment, most of us would have made the turn, including some of those who claim they wouldn't have.

lesson learnt.

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Reply # 854518 12-Jul-2013 18:52
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Ratez: So now my question is, is the biker illegal to be lane splitting on the left? Because im the only one getting booked :|.
if it isnt it should be.  Havent looked into the law on actual wording of passing on left.
  Honestly I think you should accept it as lesson learned and pay the fine.  Unless you have a bucket load of money to pay lawyers to fight it on principle.




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