by Kody.B » Wed Feb 27, 2013 11:06 am
Legally, I am at fault, however it's a grey line. With a witness, I would have possibly been excluded of fault.
A vehicle behind me was turning right into a carpark driveway. There were no vehicles behind me and there was probably 5 or so parks behind me. I went to go when I saw the car stop to turn, indicated and and saw a vehicle behind me go onto the shoulder behind me where cars are usually parallel parked. I stopped, the front sticking out by a foot as I didn't have the time to back up. The car I stopped for was able to go around me. Whilst I waited stationary, a second car did the same (going around the turning car by driving down parallel parking) and weren't looking where they were going, as such they hit my car.
Being over the white line, a certain degree of fault is mine, I won't argue. However, the vehicles that passed me were technically driving down the shoulder and pulling back onto the road behind me, when I was trying to pull out. If the car ahead of her could get around me, and she hit me because she wasn't watching the road at her admittance (in a school zone too, wtf?) I have no doubt that she too was negligent. I was stationary, couldn't move back as cars were driving down the parks behind me, and I obviously couldn't just pull out. If she was watching the road, she would have seen the other car miss me (plenty of room to go around) and it wouldn't have happened.
Unfortunately, it was one of those situations where nothing could have been done. Due to my position and no witnesses, I have been labelled at fault.
Don't get me wrong, I am not avoiding the blame. It comes down to a factor of inexperience that I couldn't determine whether it was safe to move the car (I could have just as easily reversed into the cars driving down the car parks) as well as the position of my car leaving me at fault.
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